Common use of Non-Conforming Communications Clause in Contracts

Non-Conforming Communications. Agent and Lenders may rely upon any communications purportedly given by or on behalf of any Obligor even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Obligor shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly given by or on behalf of an Obligor.

Appears in 32 contracts

Samples: Loan, Guaranty and Security Agreement (Turtle Beach Corp), Loan, Security and Guaranty Agreement (Hyster-Yale Materials Handling, Inc.), Credit and Security Agreement (Titan International Inc)

AutoNDA by SimpleDocs

Non-Conforming Communications. Agent and Lenders may rely upon any communications purportedly given by or on behalf of any Obligor even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Obligor shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly given by or on behalf of an a Obligor.

Appears in 10 contracts

Samples: Guaranty and Security Agreement (Guess Inc), Loan, Guaranty and Security Agreement (Guess Inc), Loan and Security Agreement (DXP Enterprises Inc)

Non-Conforming Communications. Agent and Lenders may rely upon any communications purportedly given by or on behalf of any Obligor Borrowers even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Obligor Borrowers shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly given by or on behalf of an ObligorBorrowers.

Appears in 8 contracts

Samples: Financing Agreement (Select Interior Concepts, Inc.), Financing Agreement (Select Interior Concepts, Inc.), Financing Agreement (Select Interior Concepts, Inc.)

Non-Conforming Communications. Agent Agents and Lenders may rely upon any communications purportedly given by or on behalf of any Obligor Borrower even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Obligor Borrower shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly given by or on behalf of an Obligora Borrower.

Appears in 6 contracts

Samples: Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

Non-Conforming Communications. Administrative Agent and Lenders may rely upon any communications purportedly given by or on behalf of any Borrower or other Obligor even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Obligor shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly given by or on behalf of an any Obligor.

Appears in 5 contracts

Samples: Loan and Security Agreement (Par Pacific Holdings, Inc.), Loan and Security Agreement (CSI Compressco LP), Loan and Security Agreement (CSI Compressco LP)

Non-Conforming Communications. Administrative Agent and Lenders may rely upon any communications purportedly given by or on behalf of any Obligor Borrower even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Obligor Borrower shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly given by or on behalf of an Obligora Borrower.

Appears in 4 contracts

Samples: Loan Agreement (Key Energy Services Inc), Loan Agreement (Key Energy Services Inc), Loan and Security Agreement (Key Energy Services Inc)

Non-Conforming Communications. Agent and Lenders may rely upon any communications purportedly given by or on behalf of any Obligor Borrower even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Obligor Borrower shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly given by or on behalf of an ObligorBorrower.

Appears in 3 contracts

Samples: Loan and Security Agreement (Vizio Holding Corp.), Loan Agreement (School Specialty Inc), Loan Agreement (School Specialty Inc)

Non-Conforming Communications. Administrative Agent and Lenders may rely upon any communications purportedly given by or on behalf of any Obligor even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Obligor shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly given by or on behalf of an a Obligor.

Appears in 3 contracts

Samples: Term Loan and Security Agreement (DXP Enterprises Inc), Term Loan and Security Agreement (DXP Enterprises Inc), Term Loan and Security Agreement (DXP Enterprises Inc)

Non-Conforming Communications. Agent and Lenders may rely upon any communications purportedly given by or on behalf of any Obligor even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Obligor shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly given by or on behalf of an a Obligor. 15.4.

Appears in 2 contracts

Samples: Loan and Security Agreement (Us Concrete Inc), Loan and Security Agreement (Us Concrete Inc)

Non-Conforming Communications. Agent and Lenders may rely upon on any communications Communication purportedly given by or on behalf of any an Obligor even if they were it was not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a an earlier Communication or later confirmation. Each Obligor Borrower shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication Communication purportedly given by or on behalf of an any Obligor.

Appears in 2 contracts

Samples: Guaranty and Security Agreement (BIG 5 SPORTING GOODS Corp), Loan, Guaranty and Security Agreement (SMART Global Holdings, Inc.)

Non-Conforming Communications. Agent Agents and Lenders may rely upon any communications purportedly given by or on behalf of any Obligor Borrower even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Obligor shall Borrower shall, jointly and severally, indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly given by or on behalf of an Obligora Borrower.

Appears in 1 contract

Samples: Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

Non-Conforming Communications. Agent and Lenders may rely upon on any communications Communication purportedly given by or on behalf of any an Obligor even if they were it was not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a an earlier Communication or later confirmation. Each Obligor shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication Communication purportedly given by or on behalf of an any Obligor.

Appears in 1 contract

Samples: Loan, Guaranty and Security Agreement (Quotient Technology Inc.)

Non-Conforming Communications. Agent and Lenders may rely upon any communications purportedly given by or on behalf of any Obligor the Borrower even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Obligor The Borrower shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly given by or on behalf of an Obligorthe Borrower.

Appears in 1 contract

Samples: Term Loan and Security Agreement (Key Energy Services Inc)

Non-Conforming Communications. Agent and Lenders may rely upon on any communications Communication purportedly given by or on behalf of any an Obligor even if they were it is not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied vary from a an earlier Communication or later confirmation. Each Obligor shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication Communication purportedly given by or on behalf of an any Obligor.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Infinera Corp)

Non-Conforming Communications. Agent and Lenders may rely upon any communications purportedly given by or on behalf of any Obligor Guarantor even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Obligor Guarantor shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly given by or on behalf of an Obligora Guarantor.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Amkor Technology, Inc.)

Non-Conforming Communications. Agent and Lenders may rely upon any communications purportedly given by or on behalf of any Obligor Borrower even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Obligor Borrower shall indemnify and hold harmless each Indemnitee (to the extent required by, and subject to the limitations in, Section 14.2) from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly given by or on behalf of an Obligora Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Habit Restaurants, Inc.)

Non-Conforming Communications. Agent and Lenders may rely upon any communications purportedly given by or on behalf of any Obligor Obligors even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Obligor shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly given by or on behalf of an any Obligor.

Appears in 1 contract

Samples: Loan and Security Agreement (Skechers Usa Inc)

AutoNDA by SimpleDocs

Non-Conforming Communications. Agent and Lenders may rely upon any communications purportedly given by or on behalf of any Obligor Borrower even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Obligor Borrower shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly given by or on behalf of an Obligor.a Borrower. 14.4

Appears in 1 contract

Samples: Loan and Security Agreement (Super Micro Computer, Inc.)

Non-Conforming Communications. Agent Agents and Lenders may rely upon any communications purportedly given by or on behalf of any Obligor Borrower even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Obligor Borrower shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly given by or on behalf of an ObligorXxxxxxxx.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Core Scientific, Inc./Tx)

Non-Conforming Communications. Agent and Lenders may rely upon any communications purportedly given by or on behalf of any Obligor even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Subject to the limitations set forth in Section 14.2, each Obligor shall indemnify and hold harmless each Indemnitee from any liabilities, losses, losses and documented costs and expenses arising from any electronic or telephonic communication purportedly given by or on behalf of an Obligor.

Appears in 1 contract

Samples: Loan, Security and Guarantee Agreement (National CineMedia, Inc.)

Non-Conforming Communications. Agent and Lenders may rely upon any communications Communication purportedly given by or on behalf of any Obligor even if they were it was not made in a manner specified herein, were was incomplete or were was not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmationan earlier Communication. Each Obligor shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication Communication purportedly given by or on behalf of an Obligora Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Seneca Foods Corp)

Non-Conforming Communications. Agent and Lenders may rely upon on any communications Communication purportedly given by or on behalf of any an Obligor even if they were it was not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a an earlier Communication or later confirmation. Each Obligor Borrower shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication Communication purportedly given by or on behalf of an any Obligor.

Appears in 1 contract

Samples: Loan and Security Agreement (Summit Midstream Partners, LP)

Non-Conforming Communications. Agent and Lenders may rely upon any communications purportedly given by or on behalf of any Obligor Borrower even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Obligor Borrower shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly reasonably determined by an Indemnitee to given by or on behalf of an Obligor.a Borrower. 14.4

Appears in 1 contract

Samples: Guaranty and Security Agreement (Key Tronic Corp)

Non-Conforming Communications. Agent and Lenders may rely upon any communications purportedly given by or on behalf of any Obligor Borrower even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Obligor Borrower shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly given by or on behalf of an Obligor.a Borrower. ​

Appears in 1 contract

Samples: Loan and Security Agreement (Adara Acquisition Corp.)

Non-Conforming Communications. Administrative Agent and Lenders may rely upon any communications purportedly given by or on behalf of any Obligor the Borrower even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Obligor The Borrower shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly given by or on behalf of an Obligorthe Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Core Scientific, Inc./Tx)

Non-Conforming Communications. Agent and Lenders may rely upon on any communications Communication purportedly given by or on behalf of any an Obligor even if they were it is not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied vary from a an earlier Communication or later confirmation. DM3\8972795.2 Each Obligor shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication Communication purportedly given by or on behalf of an any Obligor.

Appears in 1 contract

Samples: Loan and Security Agreement (Stonemor Inc.)

Non-Conforming Communications. The Administrative Agent and Lenders may rely upon any communications purportedly given by or on behalf of any Obligor Borrower even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Obligor Borrower shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly given by or on behalf of an Obligora Borrower.

Appears in 1 contract

Samples: Term Loan Agreement (United Natural Foods Inc)

Non-Conforming Communications. Agent and Lenders may rely upon on any communications Communication purportedly given by or on behalf of any an Obligor even if they were it was not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a an earlier Communication or later confirmation. Each Obligor Borrower shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication Communication purportedly given by or on behalf of an any Obligor.. 14.4

Appears in 1 contract

Samples: Loan and Security Agreement (Summit Midstream Partners, LP)

Time is Money Join Law Insider Premium to draft better contracts faster.