Other indemnities. The Company shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of: (a) the occurrence of any Event of Default; (b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 (Sharing among the Finance Parties); (c) funding, or making arrangements to fund, its participation in a Loan requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or (d) a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company.
Appears in 4 contracts
Samples: Revolving Senior Secured Credit Facility Agreement (Gold Fields LTD), Multicurrency Revolving Facility Agreement (Tercica Inc), Facility Agreement (Sanofi Synthelabo Sa)
Other indemnities. The Company shall (or shall procure that an Obligor will), within three five Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 28 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a Loan requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company.
Appears in 4 contracts
Samples: Loan Agreement (Intercontinental Hotels Group PLC /New/), Facility Agreement (Intercontinental Hotels Group PLC /New/), Facility Agreement (Intercontinental Hotels Group PLC /New/)
Other indemnities. The Company shall (or shall procure that an Obligor will), within three five Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) 21.2.1 the occurrence of any Event of Default;
(b) 21.2.2 a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 34 (Sharing among the Finance Parties);
(c) 21.2.3 funding, or making arrangements to fund, its participation in a Loan requested by a Borrower (or the Company on behalf of a Borrower) in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) 21.2.4 a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company.
Appears in 3 contracts
Samples: Syndication and Amendment Agreement (Shire PLC), Facilities Agreement (Shire PLC), Facilities Agreement (Shuttle Corp)
Other indemnities. The Company shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 29 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a Loan Utilisation requested by a the Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a Loan Utilisation (or part of a LoanUtilisation) not being prepaid in accordance with a notice of prepayment given by a the Borrower or the CompanyCompany or as required by this Agreement.
Appears in 3 contracts
Samples: Debt Bridge Facility Agreement (Xstrata PLC), Debt Bridge Facility Agreement (Xstrata PLC), Debt Bridge Facility Agreement (Xstrata PLC)
Other indemnities. The Company Borrower shall (or shall procure that an Obligor will), within three 3 Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 28 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a the Loan requested by a the Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a the Loan (or part of a the Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the CompanyBorrower.
Appears in 3 contracts
Samples: Facility Agreement (Diana Containerships Inc.), Subordinated Facility Agreement (Diana Shipping Inc.), Subordinated Facility Agreement (Diana Containerships Inc.)
Other indemnities. The Company shall (or shall procure that an Obligor willshall), within three Business Days of demand, indemnify each Finance Party Lender against any cost, loss or liability incurred by that Finance Party Lender as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 28 (Sharing among the Finance PartiesLenders);
(c) funding, or making arrangements to fund, its participation in a Loan requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party Lender alone); or
(d) a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Misys PLC), Multicurrency Revolving Credit Facility Agreement (Misys PLC)
Other indemnities. The Company shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 32 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a Loan Utilisation requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a Loan Utilisation (or part of a LoanUtilisation) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Rockwood Holdings, Inc.), Facility Agreement (Rockwood Specialties Group Inc)
Other indemnities. The Company shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 29 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a Loan Utilisation requested by a Borrower the Company in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a Loan Utilisation (or part of a LoanUtilisation) not being prepaid in accordance with a notice of prepayment given by a Borrower or the CompanyCompany to the extent not revoked in accordance with this Agreement.
Appears in 2 contracts
Samples: Facility Agreement, Facility Agreement (VTTI Energy Partners LP)
Other indemnities. The Company Borrower shall (or shall procure that an another Obligor will), within three Business Days of demanddemand by a Finance Party, indemnify each Finance Party against any cost, loss or liability and all Losses incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability and all Losses arising as a result of Clause 27 clause 32 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a the Loan requested by a the Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a the Loan (or part of a the Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the CompanyBorrower.
Appears in 2 contracts
Samples: Facility Agreement (Teekay Tankers Ltd.), Facility Agreement (Teekay Tankers Ltd.)
Other indemnities. (a) The Company shall (or shall procure ensure that an Obligor will), within three 3 Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party it as a result of:
(ai) the occurrence of any Event of Default;
(bii) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 clause 33 (Sharing among the Finance Parties);
(ciii) funding, or making arrangements to fund, its participation in a Loan requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of gross negligence or wilful default or negligence by that Finance Party alone); or
(div) a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower (or the CompanyCompany on its behalf).
Appears in 2 contracts
Samples: Senior Facilities Agreement (Luxfer Holdings PLC), Senior Facilities Agreement (Luxfer Holdings PLC)
Other indemnities. The Company shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a Loan Utilisation requested by a the Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a Loan Utilisation (or part of a LoanUtilisation) not being prepaid in accordance with a notice of prepayment given by a the Borrower or the CompanyCompany or as required by this Agreement.
Appears in 2 contracts
Samples: Facility Agreement (Solutia Inc), Facility Agreement (Solutia Inc)
Other indemnities. The Company shall (or shall procure that an Obligor will), within three 3 Business Days of demand, indemnify each Finance Party against any cost, loss loss, damage or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss loss, damage or liability arising as a result of Clause 27 28 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a Loan requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company.
Appears in 2 contracts
Samples: Senior Revolving Credit Facility Agreement, Senior Revolving Credit Facility Agreement (Logitech International Sa)
Other indemnities. The Company Borrower shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including including, without limitation, any cost, loss or liability arising as a result of Clause 27 29 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a Loan requested by a the Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the CompanyBorrower.
Appears in 2 contracts
Samples: Single Currency Revolving Facility Agreement (StoneX Group Inc.), Usd 75,000,000 Single Currency Revolving Facility Agreement (StoneX Group Inc.)
Other indemnities. The Company shall (or shall procure that an Obligor will), within three Business Days of written demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 31 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a Loan Utilisation requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a Loan Utilisation (or part of a LoanUtilisation) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company.
Appears in 2 contracts
Samples: Secured Facilities Agreement (Solutia Inc), Secured Facilities Agreement (Solutia Inc)
Other indemnities. The Company Borrowers shall (or shall procure that an Obligor will), within three five Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 30 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a Loan requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the CompanyBorrower.
Appears in 2 contracts
Samples: Multicurrency Revolving Facility Agreement (Luxottica Group Spa), Facility Agreement (Luxottica Group Spa)
Other indemnities. The Company Borrower shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(aA) the occurrence of any Event of Default;
(bB) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 30 (Sharing among the Finance Parties);
(cC) funding, or making arrangements to fund, its participation in a Loan requested by a the Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(dD) a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the CompanyBorrower.
Appears in 2 contracts
Samples: Term Facility Agreement (Rockley Photonics Holdings LTD), Support Letter (Rockley Photonics Holdings LTD)
Other indemnities. The Company Guarantor shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 (Sharing among the Finance Parties);
(c) fundingparticipating, or making arrangements to fundparticipate, its participation in a Loan Utilisation requested by a the Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a Loan Utilisation (or part of a LoanUtilisation) not being prepaid in accordance with a notice of prepayment given by a the Borrower or the CompanyGuarantor.
Appears in 2 contracts
Samples: Facility Agreement (Platinum Underwriters Holdings LTD), Facility Agreement (Platinum Underwriters Holdings LTD)
Other indemnities. The Company shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 31 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a Loan requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company.
Appears in 2 contracts
Samples: Facilities Agreement (Syngenta Ag), Facility Agreement (Rio Tinto PLC)
Other indemnities. The Company Borrower shall (or shall procure that an another Obligor will), within three Business Days of demanddemand by a Finance Party, indemnify each Finance Party against any cost, loss or liability and all Losses incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability and all Losses arising as a result of Clause 27 clause 36 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a the Loan requested by a the Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a the Loan (or part of a the Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the CompanyBorrower.
Appears in 2 contracts
Samples: Facility Agreement (Navigator Holdings Ltd.), Facility Agreement (Navigator Holdings Ltd.)
Other indemnities. The Company Borrower shall (or shall procure that an Obligor will), within three (3) Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 29 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a the Loan requested by a the Borrower in a Utilisation Request Drawdown Notice but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a the Loan (or part of a the Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the CompanyBorrower.
Appears in 2 contracts
Samples: Term Loan Facility Agreement (DHT Holdings, Inc.), Term Loan Facility Agreement (DHT Holdings, Inc.)
Other indemnities. The Company Borrower shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a Loan requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the CompanyBorrower.
Appears in 2 contracts
Samples: Secured Facilities Agreement (Citigroup Inc), Secured Facilities Agreement (Citigroup Inc)
Other indemnities. The Company shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) 16.2.1 the occurrence of any Event of Default;
(b) 16.2.2 a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 29 (Sharing among the Among Finance Parties);
(c) 16.2.3 funding, or making arrangements to fund, its participation in a Loan requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) 16.2.4 a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company.
Appears in 2 contracts
Samples: Revolving Facility Agreement (Sibanye Gold LTD), Revolving Facility Agreement (Sibanye Gold LTD)
Other indemnities. (a) The Company shall (or shall procure that an Obligor Borrower will), within three Business Days of demand, indemnify the Mandated Lead Arranger and each Finance other Secured Party against any cost, loss or liability incurred by that Finance Party it as a result of:
(ai) the occurrence of any Event of Default;
(bii) a failure by an Obligor the Borrower to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 (Sharing among the Finance Parties);
(ciii) funding, or making arrangements to fund, its participation in a Loan requested by a the Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(div) a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the CompanyBorrower.
Appears in 1 contract
Other indemnities. The Principal Company shall (or shall procure that an Obligor another Borrower will), within three Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor a Borrower to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a Loan requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the CompanyBorrower.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (General Geophysics Co)
Other indemnities. The Company shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a Loan Utilisation requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a Loan Utilisation (or part of a LoanUtilisation) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company.
Appears in 1 contract
Samples: Facility Agreement
Other indemnities. The Company shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 39 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a Loan Utilisation requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a Loan Utilisation (or part of a LoanUtilisation) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (Rockwood Holdings, Inc.)
Other indemnities. The Company Borrower shall (or shall procure that an Obligor will), within three 3 Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 31 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a Loan requested by a the Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the CompanyBorrower.
Appears in 1 contract
Other indemnities. The Company shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party Lender against any cost, loss or liability incurred by that Finance Party Lender as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 28 (Sharing among the Finance PartiesLenders);
(c) funding, or making arrangements to fund, its participation in a Loan requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party Lender alone); or
(d) a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company.
Appears in 1 contract
Other indemnities. The Company Borrower shall (or shall procure that an another Obligor will), within three five Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a the Loan requested by a the Borrower in a the Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a the Loan (or part of a the Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the CompanyBorrower.
Appears in 1 contract
Samples: Facility Agreement (CTC Media, Inc.)
Other indemnities. The Company shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Secured Party and the Arrangers against any cost, loss or liability incurred by that Finance Secured Party or Arrangers as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 30 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a Loan requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (Alliance Data Systems Corp)
Other indemnities. The Company shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(ai) the occurrence of any Event of Default;
(bii) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 28 (Sharing among the Finance Parties);
(ciii) funding, or making arrangements to fund, its participation in a Loan requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(div) a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company.
Appears in 1 contract
Other indemnities. The Company Borrower shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a the Loan requested by a the Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party Lender alone); or
(d) a the Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a the Borrower or the CompanyBorrower.
Appears in 1 contract
Samples: Single Currency Term Facility Agreement (General Geophysics Co)
Other indemnities. The Company shall (or shall procure that an Obligor a Borrower will), within three Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor a Borrower to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 26 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a Loan requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a Loan (or Loan(or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company.
Appears in 1 contract
Samples: Facilities Agreement
Other indemnities. The Company shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 29 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a Loan Utilisation requested by a the Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a Loan Utilisation (or part of a LoanUtilisation) not being prepaid in accordance with a notice of prepayment given by a Borrower the Company or the Companyas required by this Agreement.
Appears in 1 contract
Samples: Dual Currency Term Facility Agreement (Xstrata PLC)
Other indemnities. The Company Borrower shall (or shall procure that an Obligor will), within three (3) Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 29 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a the Loan requested by a the Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a the Loan (or part of a the Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the CompanyBorrower.
Appears in 1 contract
Other indemnities. The Company Borrower shall (or shall procure that an Obligor will), ) within three (3) Business Days of demand, indemnify each Finance Party against any costcosts, loss or liability incurred by that Finance Party as a result of:
(: a) the occurrence of any Event of Default;
(; b) a failure by an Obligor to pay any amount due under a the Finance Document Documents on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 26 (Sharing among the Finance Parties);
(; c) the funding, or making arrangements to fund, its participation in a Loan requested by a the Borrower in a Utilisation Request Drawdown Notice but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party Lender alone); or
(or d) a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the CompanyBorrower.
Appears in 1 contract
Samples: Facility Agreement (Flex LNG Ltd.)
Other indemnities. The Company shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including including, without limitation, any cost, loss or liability arising as a result of Clause 27 28 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a Loan Utilisation requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a Loan Utilisation (or part of a LoanUtilisation) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company.
Appears in 1 contract
Other indemnities. The Company shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 28 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a Loan requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company.
Appears in 1 contract
Samples: Facilities Agreement (Analex Corp)
Other indemnities. The Company Borrower shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 28 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a Loan requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the CompanyBorrower.
Appears in 1 contract
Samples: Amendment Agreement (Citigroup Inc)
Other indemnities. (a) The Company shall (or shall procure that an Obligor will)Borrower shall, within three Business Days of demand, indemnify the Arranger and each Finance other Secured Party against any cost, loss or liability incurred by that Finance Party it as a result of:
(ai) the occurrence of any Event of Default;
(bii) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 32 (Sharing among the Finance Parties);
(ciii) funding, or making arrangements to fund, its participation in a Loan requested by a the Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(div) a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a the Borrower or the CompanyParent.
Appears in 1 contract
Other indemnities. The Company shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 29 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a Loan requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company.
Appears in 1 contract
Samples: Multicurrency Revolving Facility Agreement (Markit Ltd.)
Other indemnities. The Company shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 28 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a Loan requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company.
Appears in 1 contract
Samples: Facility Agreement (Best Buy Co Inc)
Other indemnities. The Company shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 26 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a Loan requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the CompanyBorrower.
Appears in 1 contract
Other indemnities. The Company shall (or shall procure that an Obligor will), within three (3) Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 28 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a Loan requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company.
Appears in 1 contract
Other indemnities. The Company shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including including, without limitation, any cost, loss or liability arising as a result of Clause 27 28 (Sharing among the Finance Parties);; Back to Contents
(c) funding, or making arrangements to fund, its participation in a Loan requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company.
Appears in 1 contract
Samples: Multicurrency Revolving Facilities Agreement (Gallaher Group PLC)
Other indemnities. The Company shall (or shall procure that an Obligor willshall), within three Business Days of demand, indemnify each Finance Party Lender against any cost, loss or liability incurred by that Finance Party Lender as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 (Sharing among the Finance PartiesLenders);
(c) funding, or making arrangements to fund, its participation in a Loan requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party Lender alone); or
(d) a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company.
Appears in 1 contract
Other indemnities. The Company shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 28 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a Loan Utilisation requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a Loan Utilisation (or part of a LoanUtilisation) not being prepaid in accordance with a notice of prepayment given by a Borrower or the CompanyCompany or as required by this Agreement.
Appears in 1 contract
Samples: Multicurrency Loan Facility Agreement (Xstrata PLC)
Other indemnities. The Company shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party Lender against any cost, loss or liability incurred by that Finance Party Lender as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 29 (Sharing among the Finance PartiesLenders);
(c) funding, or making arrangements to fund, its participation in a Loan requested by a the Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party Lender alone); or
(d) a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company.
Appears in 1 contract
Samples: Multicurrency Revolving Facilities Agreement (Sage Group PLC)
Other indemnities. The Company Parent shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 26 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a Loan requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party Xxxxxx alone); or
(d) a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the CompanyBorrower.
Appears in 1 contract
Other indemnities. The Company shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party Bank against any cost, loss or liability incurred by that Finance Party Bank as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 28 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a Loan requested by a the Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party Bank alone); or
(d) a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the CompanyBorrower.
Appears in 1 contract
Samples: Multicurrency Revolving Facility Agreement (Wolseley PLC)
Other indemnities. The Company shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Financing Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 22.2 (Sharing among the Finance PartiesPro Rata Sharing);
(c) funding, or making arrangements to fund, its participation in a Loan an Advance requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a Loan an Advance (or part of a Loanan Advance) not being prepaid in accordance with a notice of prepayment given by a Borrower or the CompanyBorrower.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (WPP Group PLC)
Other indemnities. The Company shall (or shall procure that an Obligor will), within three Business Days of written demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 29 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a Loan requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company.
Appears in 1 contract
Other indemnities. The Company shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 clause 29 (Sharing among Among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a Loan requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company.
Appears in 1 contract
Samples: Multicurrency Revolving Facility Agreement (Reuters Group PLC /Adr/)
Other indemnities. The Company shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 30 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a Loan Utilisation requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a Loan Utilisation (or part of a LoanUtilisation) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company.
Appears in 1 contract
Samples: Facility Agreement (Enodis PLC)
Other indemnities. The Company shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 28 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a Loan requested by a the Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the CompanyBorrower.
Appears in 1 contract
Samples: Bridge Facility Agreement
Other indemnities. The Company shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify the MLABs and each Finance other Secured Party against any cost, loss or liability incurred by that Finance Party it as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 39 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a Loan Utilisation requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone);
(d) any liability under any Environmental Law relating (directly or indirectly) to any asset owned by any Obligor; or
(de) a Loan Utilisation (or part of a LoanUtilisation) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company.
Appears in 1 contract
Samples: Facilities Agreement (StarTek, Inc.)
Other indemnities. The Company shall (or shall procure that an Obligor will), within three five Business Days of reasonably documented demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 29 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a Loan requested by a Borrower the Company in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company.
Appears in 1 contract
Samples: Facility Agreement (Imerys S.A.)
Other indemnities. The Company shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party Bank against any cost, loss or liability incurred by that Finance Party Bank as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 28 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a Loan requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party Bank alone); or
(d) a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the CompanyBorrower.
Appears in 1 contract
Samples: Multicurrency Revolving Facility Agreement (Wolseley PLC)
Other indemnities. The Company shall (or shall procure that an Obligor will), within three 3 Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) 15.2.1 the occurrence of any Event of Default;
(b) 15.2.2 a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 32 (Sharing among the Finance Parties);
(c) 15.2.3 funding, or making arrangements to fund, its participation in a Loan requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone); or
(d) 15.2.4 a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company.
Appears in 1 contract
Samples: Term Loan and Multicurrency Revolving Facilities Agreement (AVG Technologies N.V.)
Other indemnities. The Company shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party against any cost, loss or liability incurred by that Finance Party as a result of:
(a) the occurrence of any Event of Default;
(b) a failure by an Obligor to pay any amount due under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 27 31 (Sharing among the Finance Parties);
(c) funding, or making arrangements to fund, its participation in a Loan requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default gross negligence or negligence wilful misconduct by that Finance Party alone); or
(d) a Loan (or part of a Loan) not being prepaid in accordance with a notice of prepayment given by a the Borrower or the Company.
Appears in 1 contract