Other indemnities. (a) Each Borrower must indemnify each Finance Party against any loss or liability which that Finance Party incurs as a consequence of: (i) the occurrence of any Event of Default; (ii) any failure by an Obligor to pay any amount due under a Finance Document on its due date, including any resulting from any distribution or redistribution of any amount among the Lenders under this Agreement; (iii) (other than by reason of negligence or default by that Finance Party) a Loan not being made after a Request has been delivered for that Loan; or (iv) a Loan (or part of a Loan) not being prepaid in accordance with this Agreement when required under this Agreement. Each Borrower’s liability in each case includes any loss or expense on account of funds borrowed, contracted for or utilised to fund any amount payable under any Finance Document or any Loan. (b) Each Borrower must indemnify the Facility Agent against any loss or liability incurred by the Facility Agent as a result of: (i) investigating any event which the Facility Agent reasonably believes to be a Default; or (ii) acting or relying on any notice which the Facility Agent reasonably believes to be genuine, correct and appropriately authorised.
Appears in 3 contracts
Sources: Credit Agreement, Credit Agreement (Eros International PLC), Credit Facility Agreement (Eros International PLC)
Other indemnities. (a) Each Borrower The Company must indemnify each Finance Party against any loss or liability which that Finance Party incurs as a consequence of:
(i) the occurrence of any Event of Default;
(ii) any failure by an Obligor to pay any amount due under a Senior Finance Document on its due date, including any resulting from any distribution or redistribution of any amount among the Lenders under this Agreement;
(iii) (other than by reason of negligence or default by that Finance Party) a Loan Credit not being made after a Request has been delivered for that LoanCredit; or
(iv) a Loan Credit (or part of a LoanCredit) not being prepaid in accordance with this Agreement when required under this Agreementa notice of prepayment or any Loan or overdue amount being repaid or prepaid other than on the last day of the current Term for such Loan or overdue amount. Each BorrowerThe Obligor’s liability in each case includes any loss or expense on account of funds borrowed, contracted for or utilised to fund any amount payable under any Senior Finance Document Document, any amount repaid or prepaid or any LoanCredit.
(b) Each Borrower The Company must indemnify the Facility Agent against any loss or liability incurred by the Facility Agent as a result of:
(i) investigating any event which the Facility Agent reasonably believes to be a Default; or
(ii) acting or relying on any notice which the Facility Agent reasonably believes to be genuine, correct and appropriately authorised.
Appears in 3 contracts
Sources: Senior Credit Facility (Smurfit Kappa Funding PLC), Senior Credit Facility Agreement (JSG Funding PLC), Senior Credit Facility (Smurfit Kappa Acquisitions)
Other indemnities. (a) Each Borrower The Company must indemnify each Finance Party against any loss or liability which that Finance Party incurs as a consequence of:
(i) the occurrence of any Event of Default;
(ii) any failure by an Obligor to pay any amount due under a Finance Document on its due date, including any resulting from any distribution or redistribution of any amount among the Lenders under this Agreement;
(iii) (other than by reason of negligence or default by that Finance Party) a Loan not being made after a Request has been delivered for that Loan; or
(iv) a Loan (or part of a Loan) not being prepaid in accordance with this Agreement when required under this Agreement. Each BorrowerThe Company’s liability in each case includes any loss or expense on account of funds borrowed, contracted for or utilised to fund any amount payable under any Finance Document or any Loan.
(b) Each Borrower The Company must indemnify the Facility Agent against any loss or liability incurred by the Facility Agent as a result of:
(i) investigating any event which the Facility Agent reasonably believes to be a Default; or
(ii) acting or relying on any notice which the Facility Agent reasonably believes to be genuine, correct and appropriately authorised.
Appears in 3 contracts
Sources: Credit Facility (Tele2 Ab), Credit Facility Agreement (Merck Kgaa /Fi), Credit Facility Agreement (E. Merck oHG)
Other indemnities. (a) Each Borrower Obligor must indemnify each Finance Party against any loss or liability which that Finance Party incurs as a consequence of:
(i) the occurrence of any Event of Default;
(ii) any failure by an Obligor to pay any amount due under a Finance Document on its due date, including any resulting from any distribution or redistribution of any amount among the Lenders under this Agreement;
(iii) (other than by reason of negligence or default by that Finance Party) a Loan not being made after a Request has been delivered for that Loan; or
(iv) a Loan (or part of a Loan) not being prepaid in accordance with this Agreement when required under this Agreement. Each BorrowerObligor’s liability in each case includes any loss or expense on account of funds borrowed, contracted for or utilised to fund any amount payable under any Finance Document or any Loan.
(b) Each Borrower Obligor must indemnify the Facility Agent against any loss or liability incurred by the Facility Agent as a result of:
(i) investigating any event which the Facility Agent reasonably believes to be a an Event of Default; or
(ii) acting or relying on any notice which the Facility Agent it reasonably believes to be genuine, correct and appropriately authorised.
Appears in 2 contracts
Sources: Credit Facilities Agreement (Liberty Global, Inc.), Credit Facilities Agreement (Liberty Global, Inc.)
Other indemnities. (a) Each Borrower The Obligors’ Agent must indemnify each Finance Party against any cost, loss or liability which that Finance Party incurs as a consequence of:
(i) the occurrence of any Event of Default;
(ii) any failure by an Obligor to pay any amount due under a Finance Document on its due date, including any resulting from any distribution or redistribution of any amount among the Lenders under this Agreement;
(iii) (other than by reason of negligence or default by that Finance Party) a Loan Credit not being made after a Request has been delivered for that LoanCredit; or
(iv) a Loan Credit (or part of a LoanCredit) not being prepaid in accordance with this Agreement when required under this Agreementa notice of prepayment. Each Borrower’s The liability of the Obligors’ Agent in each case includes any loss or expense on account of funds borrowed, contracted for or utilised to fund any amount payable under any Finance Document Document, any amount repaid or prepaid or any LoanCredit.
(b) Each Borrower The Obligors’ Agent must indemnify the Facility Agent against any cost, loss or liability incurred by the Facility Agent as a result of:
(i) investigating any event which the Facility Agent reasonably believes to be a Default; or
(ii) acting or relying on any notice which the Facility Agent reasonably believes to be genuine, correct and appropriately authorised.
Appears in 2 contracts
Sources: Finance Agreement, Credit Facilities Agreement (Imperial Tobacco Group PLC)
Other indemnities. (a) Each Borrower Obligor must indemnify each Finance Party against any loss or liability which that Finance Party incurs as a consequence of:
(i) the occurrence of any Event of Default;
(ii) any failure by an Obligor to pay any amount due under a Finance Document on its due date, including any resulting from any distribution or redistribution of any amount among the Lenders under this Agreement;
(iii) (other than by reason of negligence or default by that Finance Party) a Loan not being made after a Request has been delivered for that Loan; or
(iv) a Loan (or part of a Loan) not being prepaid in accordance with this Agreement when required under this Agreement. Each BorrowerObligor’s liability in each case includes any loss or expense on account of funds borrowed, contracted for or utilised to fund any amount payable under any Finance Document or any Loan.
(b) Each Borrower Obligor must indemnify the Facility Agent against any loss or liability incurred by the Facility Agent as a result of:
(i) investigating any event which the Facility Agent reasonably believes to be a Default; or
(ii) acting or relying on any notice which the Facility Agent reasonably believes to be genuine, correct and appropriately authorised.
Appears in 2 contracts
Sources: Credit Facility Agreement, Credit Facility Agreement (Shurgard Storage Centers Inc)
Other indemnities. (a) Each Borrower The Company must indemnify each Finance Party against any loss or liability which that Finance Party incurs as a consequence of:
(i) the occurrence of any Event of Default;
(ii) any failure by an Obligor to pay any amount due under a Finance Document on its due date, including any resulting from any distribution or redistribution of any amount among the Lenders under this Agreement;
(iii) (other than by reason of negligence or default by that Finance Party) a Loan not being made after a Request has been delivered for that Loan; or
(iv) a Loan (or part of a Loan) not being prepaid in accordance with this Agreement when required under this Agreementa notice of prepayment. Each BorrowerThe Company’s liability in each case includes any loss or expense on account of funds borrowed, contracted for or utilised to fund any amount payable under any Finance Document Document, any amount repaid or prepaid or any Loan.
(b) Each Borrower The Company must indemnify the Facility Agent against any loss or liability incurred by the Facility Agent as a result of:
(i) investigating any event which the Facility Agent reasonably believes to be a Default; or
(ii) acting or relying on any notice notice, request or instruction which the Facility Agent it reasonably believes to be genuine, correct and appropriately authorised.
Appears in 2 contracts
Sources: Term and Revolving Facilities Agreement (Smith & Nephew PLC), Facility Agreement (Smith & Nephew PLC)
Other indemnities. (a) Each Borrower The Company must indemnify each Finance Party against any loss or liability which that Finance Party incurs as a consequence of:
(i) the occurrence of any Event of Default;
(ii) any failure by an Obligor to pay any amount due under a Finance Document on its due date, including any resulting from any distribution or redistribution of any amount among the Lenders under this Agreement;
(iii) (other than by reason of negligence or default by that Finance Party) a Loan not being made after a Request has been delivered for that Loan; or
(iv) a Loan (or part of a Loan) not being prepaid in accordance with this Agreement when required under this Agreementa notice of prepayment. Each BorrowerThe Company’s liability in each case includes any loss or expense on account of funds borrowed, contracted for or utilised to fund any amount payable under any Finance Document Document, any amount repaid or prepaid or any Loan.
(b) Each Borrower The Company must indemnify the Facility Agent against any loss or liability incurred by the Facility Agent as a result of:
(i) investigating any event which the Facility Agent reasonably believes to be a Default; or
(ii) acting or relying on any notice which the Facility Agent it reasonably believes to be genuine, correct and appropriately authorised.
Appears in 2 contracts
Sources: Loan Agreement (Smith & Nephew PLC), Facility Agreement (Smith & Nephew PLC)
Other indemnities. (a) Each Borrower CDFCUK must indemnify each Finance Party against any loss or liability which that Finance Party incurs as a consequence of:
(i) the occurrence of any Event of Default;
(ii) any failure by an Obligor to pay any amount due under a Finance Document on its due date, including any resulting from any distribution or redistribution of any amount among the Lenders Banks under and as provided for in this Agreement;
(iii) (other than by reason of negligence or default by that Finance Party) a Loan not being made after a Request has been delivered for that Loan; or
(iv) a Loan (or part of a Loan) not being prepaid in accordance with this Agreement when required under this Agreementa notice of prepayment. Each Borrower’s CDFCUK's liability in each case includes any loss (other than loss of margin) or expense on account of funds borrowed, contracted for or utilised to fund any amount payable under any Finance Document Document, any amount repaid or prepaid or any Loan.
(b) Each Borrower CDFCUK must indemnify the Facility Agent against any loss or liability reasonably incurred by the Facility Agent as a result of:
(i) investigating any event which the Facility Agent reasonably believes to be a Default; or
(ii) acting or relying on any notice which the Facility Agent reasonably believes to be genuine, correct and appropriately authorised.
Appears in 2 contracts
Sources: Supplemental Agreement (Centex Development Co Lp), Credit Agreement (Centex Corp)
Other indemnities. (a) Each Borrower must indemnify each Finance Party against any loss or liability which that Finance Party incurs as a consequence of:
(i) the occurrence of any Event of Default;
(ii) the information produced or approved by an Obligor being or being alleged to be misleading and/or deceptive in any respect
(iii) any enquiry, investigation, subpoena (or similar order) or litigation with respect to any Obligor or with respect to the transactions contemplated or financed under the Finance Documents;
(iv) any failure by an Obligor to pay any amount due under a Finance Document on its due date, including any resulting from any distribution or redistribution of any amount among the Lenders under this Agreement;
(iiiv) (other than by reason of negligence or default by that Finance PartyParty alone) a Loan Credit not being made after a Request has been delivered for that LoanCredit; or
(ivvi) a Loan Credit (or part of a LoanCredit) not being prepaid in accordance with this Agreement when required under this Agreement. Each Borrower’s liability in each case includes any loss or expense on account of funds borrowed, contracted for or utilised to fund any amount payable under any Finance Document or any LoanCredit.
(b) Each Borrower must indemnify the Facility Agent against any loss or liability incurred by the Facility Agent as a result of:
(i) investigating any event which the Facility Agent reasonably believes to be a Default; or
(ii) acting or relying on any notice which the Facility Agent reasonably believes to be genuine, correct and appropriately authorised.
Appears in 2 contracts
Sources: Credit Agreement (TTM Technologies Inc), Credit Agreement (TTM Technologies Inc)
Other indemnities. (a) Each Borrower The Company must indemnify each Finance Party against any loss loss, penalty or liability which that Finance Party incurs as a consequence of:
(i) the occurrence of any Event of Default;
(ii) any failure by an Obligor to pay any amount due under a Finance Document on its due date, including any resulting from any distribution or redistribution of any amount among the Lenders under this Agreement;
(iii) (other than by reason of negligence or default by that Finance Party) a Loan not being made after a Request has been delivered for that Loan; or
(iv) a Loan (or part of a Loan) not being prepaid in accordance with this Agreement when required under this Agreement. Each BorrowerThe Company’s liability in each case includes any loss or expense on account of funds borrowed, contracted for or utilised to fund any amount payable under any Finance Document or any Loan.
(b) Each Borrower The Company must indemnify the Facility Agent against any loss loss, penalty or liability incurred by the Facility Agent as a result of:
(i) investigating any event which the Facility Agent reasonably believes to be a Default; or
(ii) acting or relying on any notice which the Facility Agent reasonably believes to be genuine, correct and appropriately authorised.
Appears in 2 contracts
Sources: Credit Facility Agreement (PPG Industries Inc), Credit Facility (PPG Industries Inc)
Other indemnities. (a) Each Borrower The Company must indemnify each Finance Party against any loss or liability which that Finance Party incurs as a consequence of:
(i) the occurrence of any Event of Default;
(ii) Clause 19.11 (Acceleration);
(iii) any failure by an Obligor the Company to pay any amount due under a Finance Document on its due date, including any resulting from any distribution or redistribution of any amount among the Lenders under this Agreement;
(iiiiv) (other than by reason of negligence or default by that Finance Party) a Loan not being made after a Request has been delivered for that Loan; or
(ivv) a Loan (or part of a Loan) not being prepaid in accordance with this Agreement when required under this Agreement. Each BorrowerThe Company’s liability in each case includes any loss or expense on account of funds borrowed, contracted for or utilised to fund any amount payable under any Finance Document or any Loan.
(b) Each Borrower The Company must indemnify the Facility Agent against any loss or liability incurred by the Facility Agent as a result of:
(i) investigating any event which the Facility Agent reasonably believes to be a Default; or
(ii) acting or relying on any notice which that the Facility Agent reasonably believes to be genuine, correct and appropriately authorised.
Appears in 1 contract
Sources: Credit Facility Agreement (United States Steel Corp)
Other indemnities. (a) Each Borrower The Company must indemnify each Finance Party against any loss or liability which that Finance Party incurs as a consequence of:
(i) the occurrence of any Event of Default;
(ii) any failure by an Obligor a Borrower to pay any amount due under a Finance Document on its due date, including any resulting from any distribution or redistribution of any amount among the Lenders under this Agreement;
(iii) (other than by reason of negligence or default by that Finance Party) a Loan not being made after a Request has been delivered for that Loan; or
(iv) a Loan (or part of a Loan) not being prepaid in accordance with this Agreement when required under this Agreementa notice of prepayment. Each BorrowerThe Company’s liability in each case includes any loss or expense on account of funds borrowed, contracted for or utilised to fund any amount payable under any Finance Document Document, any amount repaid or prepaid or any Loan.
(b) Each Borrower The Company must indemnify the Facility Agent against any loss or liability incurred by the Facility Agent as a result of:
(i) investigating any event which the Facility Agent reasonably believes to be a Default; or
(ii) acting or relying on any notice which the Facility Agent reasonably believes to be genuine, correct and appropriately authorised.
Appears in 1 contract
Sources: Credit Facility (Vivendi Universal)
Other indemnities. (a) Each Borrower The Parent must indemnify each Finance Party against any loss or liability which that Finance Party incurs as a consequence of:
(i) the occurrence of any Event of Default;
(ii) any failure by an Obligor to pay any amount due under a Finance Document on its due date, including any resulting from any distribution or redistribution of any amount among the Lenders under this Agreement;
(iii) (other than by reason of negligence or default by that Finance Party) a Loan not being made after a Request has been delivered for that Loan; or
(iv) a Loan (or part of a Loan) not being prepaid in accordance with this Agreement when required under this Agreementa notice of prepayment. Each Borrower’s The Parent's liability in each case includes any loss or expense on account of funds borrowed, contracted for or utilised to fund any amount payable under any Finance Document Document, any amount repaid or prepaid or any Loan.
(b) Each Borrower The Parent must indemnify the Facility Agent against any loss or liability incurred by the Facility Agent as a result of:
(i) investigating any event which the Facility Agent reasonably believes to be a Default; or
(ii) acting or relying on any notice which the Facility Agent it reasonably believes to be genuine, correct and appropriately authorised.
Appears in 1 contract
Other indemnities. (a) Each Borrower The Company must indemnify each Finance Party against any loss or liability which that Finance Party incurs as a consequence of:
(i) the occurrence of any Event of Default;
(ii) any failure by an Obligor the Company to pay any amount due under a Bridge Finance Document on its due date, including any resulting from any distribution or redistribution of any amount among the Lenders under this Agreement;
(iii) (other than by reason of negligence or default by that Finance Party) a Loan not being made after a Request has been delivered for that Loan; or
(iv) a Loan (or part of a Loan) not being prepaid in accordance with this Agreement when required under this Agreementa notice of prepayment. Each Borrower’s The Company's liability in each case includes any loss or expense on account of funds borrowed, contracted for or utilised utilized to fund any amount payable under any Bridge Finance Document Document, any amount repaid or prepaid or any Loan.
(b) Each Borrower The Company must indemnify the Facility Agent against any loss or liability incurred by the Facility Agent as a result of:
(i) investigating any event which the Facility Agent reasonably believes to be a Default; oror --------------------------------------------------------------------------------
(ii) acting or relying on any notice which the Facility Agent reasonably believes to be genuine, correct and appropriately authorisedauthorized.
Appears in 1 contract
Sources: Bridge Loan Agreement (Enodis PLC)
Other indemnities. (a) Each Borrower The Company must indemnify each Finance Party against any loss or liability which that Finance Party incurs as a consequence of:
(i) the occurrence of any Event of Default;
(ii) any failure by an Obligor to pay any amount due under a Finance Document on its due date, including any resulting from any distribution or redistribution of any amount among the Lenders under this Agreement;
(iii) (other than by reason of negligence or default by that Finance Party) a Loan not being made after a Request has been delivered for that Loan; or
(iv) a Loan (or part of a Loan) not being prepaid in accordance with this Agreement when required under this Agreementa notice of prepayment. Each Borrower’s The Company's liability in each case includes any loss or expense on account of funds borrowed, contracted for or utilised to fund any amount payable under any Finance Document Document, any amount repaid or prepaid or any Loan.
(b) Each Borrower The Company must indemnify the Facility Agent against any loss or liability incurred by the Facility Agent as a result of:
(i) investigating any event which the Facility Agent reasonably believes to be a Default; or
(ii) acting or relying on any notice which the Facility Agent reasonably believes to be genuine, correct and appropriately authorised.
Appears in 1 contract
Other indemnities. (a) Each Borrower The Company must indemnify each Finance Party against any loss or liability which that Finance Party incurs as a consequence of:
(i) the occurrence of any Event of Default;
(ii) any failure by an Obligor the Company to pay any amount due under a Finance Document on its due date, including any resulting from any distribution or redistribution of any amount among the Lenders under this Agreement;
(iii) (other than by reason of negligence or default by that Finance Party) a Loan not being made after a Request has been delivered for that Loan; or
(iv) a Loan (or part of a Loan) not being prepaid in accordance with this Agreement when required under this Agreementa notice of prepayment. Each Borrower’s The Company's liability in each case includes any loss or expense on account of funds borrowed, contracted for or utilised to fund any amount payable under any Finance Document Document, any amount repaid or prepaid or any Loan.
(b) Each Borrower The Company must indemnify the Facility Agent against any loss or liability incurred by the Facility Agent as a result of:
(i) investigating any event which the Facility Agent reasonably believes to be a Default; or
(ii) acting or relying on any notice which the Facility Agent it reasonably believes to be genuine, correct and appropriately authorised.
Appears in 1 contract
Sources: Credit Facility Agreement (Oratec Interventions Inc)
Other indemnities. (a) Each Borrower The Company must indemnify each Finance Party against any loss or liability which that Finance Party incurs as a consequence of:
(i) the occurrence of any Event of Default;
(ii) any failure by an Obligor to pay any amount due under a Finance Document on its due date, including any resulting from any distribution or redistribution of any amount among the Lenders Banks under this Agreement;
(iii) (other than by reason of negligence or default by that Finance Party) a Loan not being made or a Letter of Credit not being issued after a Request has been delivered for that LoanCredit; or
(iv) a Loan Credit (or part of a LoanCredit) not being prepaid in accordance with this Agreement when required under this Agreementa notice of prepayment. Each Borrower’s The Company's liability in each case includes any loss or expense on account of funds borrowed, contracted for or utilised to fund any amount payable under any Finance Document Document, any amount repaid or prepaid or any LoanCredit.
(b) Each Borrower The Company must indemnify the Facility Agent against any loss or liability incurred by the Facility Agent as a result of:
(i) investigating any event which the Facility Agent reasonably believes to be a Default; or
(ii) acting or relying on any notice which the Facility Agent reasonably believes to be genuine, correct and appropriately authorised.. --------------------------------------------------------------------------------
Appears in 1 contract
Other indemnities. (a) Each Borrower The Company must indemnify each Finance Party against any loss or liability which that Finance Party incurs as a consequence of:
(i) the occurrence of any Event of Default;
(ii) any failure by an Obligor to pay any amount due under a Finance Document on its due date, including any resulting from any distribution or redistribution of any amount among the Lenders Banks under and as provided for in this Agreement;
(iii) (other than by reason of negligence or default by that Finance Party) a Loan not being made after a Request has been delivered for that Loan; or
(iv) a Loan (or part of a Loan) not being prepaid in accordance with this Agreement when required under this Agreementa notice of prepayment. Each Borrower’s The Company's liability in each case includes any loss (other than loss of margin) or expense on account of funds borrowed, contracted for or utilised to fund any amount payable under any Finance Document Document, any amount repaid or prepaid or any Loan.
(b) Each Borrower The Company must indemnify the Facility Agent against any loss or liability reasonably incurred by the Facility Agent as a result of:
(i) investigating any event which the Facility Agent reasonably believes to be a Default; or
(ii) acting or relying on any notice which the Facility Agent reasonably believes to be genuine, correct and appropriately authorised.
Appears in 1 contract
Other indemnities. (a) Each Borrower The Company must indemnify each Finance Party against any loss or liability which that Finance Party incurs as a consequence of:
(i) the occurrence of any Event of Default;
(ii) any failure by an Obligor to pay any amount due under a Finance Document on its due date, including any resulting from any distribution or redistribution of any amount among the Lenders Banks under this Agreement;
(iii) (other than by reason of negligence or default by that Finance Party) a Loan not being made or a Letter of Credit not being issued after a Request has been delivered for that LoanCredit; or
(iv) a Loan Credit (or part of a LoanCredit) not being prepaid in accordance with this Agreement when required under this Agreementa notice of prepayment. Each BorrowerThe Company’s liability in each case includes any loss or expense on account of funds borrowed, contracted for or utilised to fund any amount payable under any Finance Document Document, any amount repaid or prepaid or any LoanCredit.
(b) Each Borrower The Company must indemnify the Facility Agent against any loss or liability incurred by the Facility Agent as a result of:
(i) investigating any event which the Facility Agent reasonably believes to be a Default; or
(ii) acting or relying on any notice which the Facility Agent reasonably believes to be genuine, correct and appropriately authorised.
Appears in 1 contract
Sources: Supplemental Agreement (Enodis PLC)
Other indemnities. (a) Each Borrower Obligor must indemnify each Finance Party against any loss or liability which that Finance Party incurs as a consequence of:
(i) the occurrence of any Event of Default;
(ii) any failure by an Obligor to pay any amount due under a Finance Document on its due date, including any resulting from any distribution or redistribution of any amount among the Lenders under this Agreement;
(iii) (other than by reason of negligence or default by that Finance Party) a Loan not being made after a Request has been delivered for that Loan; or
(iv) a Loan (or part of a Loan) not being prepaid in accordance with this Agreement when required under this Agreement. Each Borrower’s Obligor's liability in each case includes any loss or expense on account of funds borrowed, contracted for or utilised to fund any amount payable under any Finance Document or any Loan.
(b) Each Borrower Obligor must indemnify the Facility Agent against any loss or liability incurred by the Facility Agent as a result of:
(i) investigating any event which the Facility Agent reasonably believes to be a an Event of Default; or
(ii) acting or relying on any notice which the Facility Agent it reasonably believes to be genuine, correct and appropriately authorised.
Appears in 1 contract
Other indemnities. (a) Each Borrower The Company must indemnify each Finance Party against any loss or liability which that Finance Party incurs as a consequence of:
(i) the occurrence of any Event of Default;
(ii) Clause 19.11 (Acceleration);
(iii) any failure by an Obligor the Company to pay any amount due under a Finance Document on its due date, including any resulting from any distribution or redistribution of any amount among the Lenders under this Agreement;
(iiiiv) (other than by reason of negligence or default by that Finance Party) a Loan not being made after a Request has been delivered for that Loan; or
(ivv) a Loan (or part of a Loan) not being prepaid in accordance with this Agreement when required under this Agreement. Each Borrower’s The Company's liability in each case includes any loss or expense on account of funds borrowed, contracted for or utilised to fund any amount payable under any Finance Document or any Loan.
(b) Each Borrower The Company must indemnify the Facility Agent against any loss or liability incurred by the Facility Agent as a result of:
(i) investigating any event which the Facility Agent reasonably believes to be a Default; or
(ii) acting or relying on any notice which that the Facility Agent reasonably believes to be genuine, correct and appropriately authorised.
Appears in 1 contract
Sources: Multicurrency Revolving Credit Facility (United States Steel Corp)
Other indemnities. (a) Each Borrower The Company must indemnify each Finance Party against any loss or liability which that Finance Party incurs as a consequence of:
(i) the occurrence of any Event of Default;
(ii) any failure by an Obligor to pay any amount due under a Finance Document on its due date, including any resulting from any distribution or redistribution of any amount among the Lenders under this Agreement;
(iii) (other than by reason of negligence or default by that Finance Party) a Loan not being made after a Request has been delivered for that Loan; or
(iv) a Loan (or part of a Loan) not being prepaid in accordance with this Agreement when required under this Agreementa notice of prepayment. Each BorrowerThe Company’s liability in each case includes any loss or expense on account of funds borrowed, contracted for or utilised to fund any amount payable under any Finance Document Document, any amount repaid or prepaid or any Loan.
(b) Each Borrower The Company must indemnify the Facility Agent against any loss or liability reasonably incurred by the Facility Agent as a result of:
(i) investigating any event which the Facility Agent reasonably believes to be a Default; or
(ii) acting or relying on any notice which the Facility Agent reasonably believes to be genuine, correct and appropriately authorised.
Appears in 1 contract
Sources: Multicurrency Credit Facilities Agreement (Alfa Laval Special Finance Ab)
Other indemnities. (a) Each Borrower The Company must indemnify each Finance Party against any loss or liability which that Finance Party incurs as a consequence of:
(i) the occurrence of any Event of Default;
(ii) any failure by an Obligor to pay any amount due under a Finance Document on its due date, including any resulting from any distribution or redistribution of any amount among the Lenders under this Agreement;
(iii) (other than by reason of gross negligence or wilful default by that Finance Party) a Loan not being made after a Request has been delivered for that Loan; or
(iv) a Loan (or part of a Loan) not being prepaid in accordance with this Agreement when required under this Agreement. Each Borrower.
(v) The Company’s liability in each case includes any loss or expense on account of funds borrowed, contracted for or utilised to fund any amount payable under any Finance Document Document, any amount repaid or prepaid or any Loan.
(b) Each Borrower The Company must indemnify the Facility Agent against any loss or liability incurred by the Facility Agent as a result of:
(i) investigating any event which the Facility Agent reasonably believes to be a Default; or
(ii) acting or relying on any notice which the Facility Agent reasonably believes to be genuine, correct and appropriately authorised.
Appears in 1 contract
Sources: Credit Agreement (Merix Corp)
Other indemnities. (a) Each Borrower must indemnify each Finance Party against any loss or liability which that Finance Party incurs as a consequence of:
(i) the occurrence of any Event of Default;
(ii) any failure by an Obligor it to pay any amount due under a Finance Document on its due date, including any resulting from any distribution or redistribution of any amount among the Lenders under this AgreementClause 31 (Pro Rata Sharing);
(iii) (other than by reason of negligence or default by that Finance Party) a Loan not being made after a Request has been delivered for that Loan; or
(iv) a Loan (or part of a Loan) not being prepaid in accordance with this Agreement when required under this Agreement. Each A Borrower’s liability in each case includes any loss or expense on account of funds borrowed, contracted for or utilised to fund any amount payable under any Finance Document or any Loan.
(b) Each Borrower must indemnify the Facility each Agent against any loss or liability incurred by the Facility Agent as a result of:
(i) investigating any event which the Facility an Agent reasonably believes to be a Default; or
(ii) acting or relying on any notice which the Facility relevant Agent reasonably believes to be genuine, correct and appropriately authorised.
Appears in 1 contract
Sources: Credit Facilities Agreement
Other indemnities. (a) Each Borrower The Borrowers must indemnify each Finance Party against any loss or liability which that Finance Party incurs as a consequence of:
(i) the occurrence of any Event of Default;
(ii) any failure by an Obligor to pay any amount due under a Finance Document on its due date, including any resulting from any distribution or redistribution of any amount among the Lenders under this Agreement;
(iii) (other than by reason of negligence or default by that Finance Party) a Loan Credit not being made after a Request has been delivered for that LoanCredit; or
(iv) a Loan Credit (or part of a LoanCredit) not being prepaid in accordance with this Agreement when required under this Agreement. Each Borrower’s The Borrowers’ liability in each case includes any loss or expense on account of funds borrowed, contracted for or utilised to fund any amount payable under any Finance Document or any LoanCredit.
(b) Each Borrower The Borrowers must indemnify the Facility Agent against any loss or liability incurred by the Facility Agent as a result of:
(i) investigating any event which the Facility Agent reasonably believes to be a Default; or
(ii) acting or relying on any notice which the Facility Agent reasonably believes to be genuine, correct and appropriately authorised.
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Other indemnities. (a) Each Borrower The Company must indemnify each Finance Party against any loss or liability which that Finance Party incurs as a consequence of:
(i) the occurrence of any Event of Default;
(ii) any failure by an Obligor to pay any amount due under a Finance Document on its due date, including any resulting from any distribution or redistribution of any amount among the Lenders Banks under this Agreement;
(iii) (other than by reason of negligence or default by that Finance Party) a Loan not being made or a Letter of Credit not being issued after a Request has been delivered for that LoanCredit; or
(iv) a Loan Credit (or part of a LoanCredit) not being prepaid in accordance with this Agreement when required under this Agreementa notice of prepayment. Each Borrower’s The Company's liability in each case includes any loss or expense on account of funds borrowed, contracted for or utilised to fund any amount payable under any Finance Document Document, any amount repaid or prepaid or any LoanCredit.
(b) Each Borrower The Company must indemnify the Facility Agent against any loss or liability incurred by the Facility Agent as a result of:
(i) investigating any event which the Facility Agent reasonably believes to be a Default; or
(ii) acting or relying on any notice which the Facility Agent reasonably believes to be genuine, correct and appropriately authorised.
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Other indemnities. (a) Each Borrower The Company must indemnify each Finance Party against any loss or liability which that Finance Party incurs as a consequence of:
(i) the occurrence of any Event of Default;
(ii) Clause 20.11 (Acceleration);
(iii) any failure by an Obligor the Company to pay any amount due under a Finance Document on its due date, including any resulting from any distribution or redistribution of any amount among the Lenders under this Agreement;
(iiiiv) (other than by reason of negligence or default by that Finance Party) a Loan not being made after a Request has been delivered for that Loan; or
(ivv) a Loan (or part of a Loan) not being prepaid in accordance with this Agreement when required under this Agreement. Each Borrower’s The Company's liability in each case includes any loss or expense on account of funds borrowed, contracted for or utilised to fund any amount payable under any Finance Document or any Loan.
(b) Each Borrower The Company must indemnify the Facility Agent against any loss or liability incurred by the Facility Agent as a result of:
(i) investigating any event which the Facility Agent reasonably believes to be a Default; or
(ii) acting or relying on any notice which that the Facility Agent reasonably believes to be genuine, correct and appropriately authorised.
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Sources: Multicurrency Revolving Credit Facility (United States Steel Corp)