Common use of Other indemnities Clause in Contracts

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 29 (Sharing among the Finance Parties); (c) funding, or making arrangements to fund, its participation in a 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 Utilisation (or part of a Utilisation) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company or as required by this Agreement.

Appears in 6 contracts

Samples: Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC), Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC), Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC)

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Other indemnities. (a) The Company shall (or shall procure that an Obligor will), within three (3) 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 29 32 (Sharing among the Finance Parties); (ciii) funding, or making arrangements to fund, its participation in a 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 (div) a Utilisation (or part of a Utilisation) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company or as required by this AgreementCompany.

Appears in 6 contracts

Samples: Senior Revolving Facility Agreement (Nord Anglia Education, Inc.), Amendment and Restatement Agreement (Nord Anglia Education, Inc.), Revolving Facility Agreement (Nord Anglia Education, Inc.)

Other indemnities. The Company Each Borrower shall (or shall procure that an Obligor will), within three (3) Business Days of demand, indemnify the Arranging Parties and each other Finance 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 including, without limitation, any cost, loss or liability arising as a result of Clause 29 34 (Sharing among the Finance Parties); (c) funding, or making arrangements to fund, its participation in a Utilisation requested by a Borrower it 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 Utilisation (or part of a Utilisation) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company or as required by this Agreementit.

Appears in 4 contracts

Samples: Loan Agreement (International Game Technology PLC), Loan Agreement (International Game Technology PLC), Loan Agreement (International Game Technology PLC)

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 Arranger against any cost, loss or liability incurred by that Finance Secured Party or Arranger 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 29 (Sharing among the Finance Parties); (c) funding, or making arrangements to fund, its participation in a Utilisation 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 Utilisation Loan (or part of a UtilisationLoan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company or as required by this AgreementObligors’ Agent.

Appears in 3 contracts

Samples: Facility Agreement (InterXion Holding N.V.), Facility Agreement (InterXion Holding N.V.), Facility Agreement (InterXion Holding N.V.)

Other indemnities. The Company shall (or shall procure that an Obligor will)Borrower shall, within three Business Days of demanddemand (which demand must be accompanied by calculations and details of the amount demanded), 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 the Company 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 29 24 (Sharing among the Finance Parties); (c) funding, or making arrangements to fund, its participation in a Utilisation 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 Utilisation Loan (or part of a UtilisationLoan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company or as required by this AgreementBorrower.

Appears in 2 contracts

Samples: Facility Agreement (Nordic Telephone CO ApS), Facility Agreement (Nordic Telephone CO ApS)

Other indemnities. The Company relevant Borrower shall (or and Avis Europe shall procure that an Obligor willeach relevant Borrower that is a member of the Avis Europe Group shall), within three 10 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 Senior Finance Document on its due date, including including, without limitation, any cost, loss or liability arising as a result of Clause 29 28 (Sharing among the Finance Parties); (c) funding, or making arrangements to fund, its participation in a Utilisation 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 Utilisation an Advance (or part of a Utilisationan Advance) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company or as required by this AgreementCo-ordinator.

Appears in 2 contracts

Samples: Fleet Financing Facility Agreement (Avis Budget Group, Inc.), Avis Europe Interim Fleet Financing Facility Agreement (Avis Budget Group, 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 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 or to fulfil any other obligation under a Finance Document on its due date, including without limitation, any cost, loss or liability arising as a result of Clause 29 28 (Sharing among the Finance Parties); (c) 15.2.3 funding, or making arrangements to fund, its participation in a Utilisation requested by the Company or 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 Utilisation (or part of a Utilisation) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company or as required by this AgreementCompany.

Appears in 1 contract

Samples: Senior Facilities Agreement (Equinix Inc)

Other indemnities. The Company Original Borrower shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party the Lender against any costCost, expense, loss or liability (including reasonable legal fees) incurred by that Finance Party the Lender as a result of: (a) the occurrence of any Event of DefaultDefault ; (b) any enquiry, investigation, subpoena (or similar order) or litigation with respect to any Transaction Party or with respect to the transactions contemplated or financed under this Agreement; (c) a failure by an Obligor a Transaction Party 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 29 (Sharing among the Finance Parties); (cd) funding, or making arrangements to fund, its participation in a Utilisation 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 the Lender alone); or (de) a Utilisation Loan (or part of a UtilisationLoan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company or as required by this AgreementBorrower.

Appears in 1 contract

Samples: Facility Agreement (Oil States International, Inc)

Other indemnities. 17.2.1 The Company shall (or shall procure that an Obligor will), 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: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 29 31 (Sharing among the Finance Parties); (c) funding, or making arrangements to fund, its participation in a 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 Utilisation (or part of a Utilisation) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company or as required by this AgreementCompany.

Appears in 1 contract

Samples: Revolving Facility Agreement (Penske Automotive Group, Inc.)

Other indemnities. The Parent 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: (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 including, without limitation, any cost, loss or liability arising as a result of Clause 29 30 (Sharing among the Finance Parties); (cC) funding, or making arrangements to fund, its participation in a Utilisation Loan requested by a Borrower (or the Parent 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 (dD) a Utilisation Loan (or part of a UtilisationLoan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company or as required by this AgreementParent Company.

Appears in 1 contract

Samples: Term Facilities Agreement (Shire PLC)

Other indemnities. The Company Borrower shall (or shall procure that an Obligor will), within three 3 (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 29 24 (Sharing among Among the Finance Parties); (c) funding, or making arrangements to fund, its participation in a Utilisation Disbursement requested by a the Borrower in a Utilisation Disbursement 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 Utilisation the Facility (or any part of a Utilisationthereof) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company or as required by this AgreementBorrower.

Appears in 1 contract

Samples: Covered Export Credit Agreement (Hughes Network Systems, LLC)

Other indemnities. The Company shall (or shall procure that an Obligor will)Borrower shall, within three Business Days of demand, indemnify each Finance Party the Lender against any cost, loss or liability incurred by that Finance Party the Lender as a result of: (a) the occurrence of any Event of Default; (b) a failure any written information produced or approved by an Obligor the Borrower being or being alleged to pay be misleading and/or deceptive in 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 29 (Sharing among the Finance Parties)respect; (c) any enquiry, investigation, subpoena (or similar order) or litigation with respect to the Borrower or with respect to the transactions contemplated or financed under this Agreement; (d) funding, or making arrangements to fund, its participation in a Utilisation any 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 the Lender alone); or (de) a Utilisation any Loan (or part of a UtilisationLoan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company or as required by this AgreementBorrower.

Appears in 1 contract

Samples: Facility Agreement

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 the Borrower and/or the Guarantor (as the case may be) 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 29 27 (Sharing among the Finance Parties); (c) the funding, or making arrangements to fund, its participation in a Utilisation Tranche or the Loan (as the case may be) 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 (d) a Utilisation the Loan (or part of a UtilisationTranche) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company or as required by this AgreementBorrower.

Appears in 1 contract

Samples: Term Loan Facility Agreement (B Plus H Ocean Carriers LTD)

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 Arranger against any cost, loss or liability incurred by that Finance Secured Party or Arranger 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 29 30 (Sharing among the Finance Parties); (c) funding, or making arrangements to fund, its participation in a 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 Utilisation (or part of a Utilisation) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company or as required by this AgreementCompany.

Appears in 1 contract

Samples: Multipurpose Facilities Agreement (SunOpta Inc.)

Other indemnities. The Company Borrowers 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 any of the Borrowers and/or the Guarantor (as the case may be) 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 29 27 (Sharing among the Finance Parties); (c) the funding, or making arrangements to fund, its participation in a Utilisation Drawing or a Loan (as the case may be) requested by a Borrower the Borrowers 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 (d) a Utilisation Loan (or part of a UtilisationLoan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company or as required by this AgreementBorrowers.

Appears in 1 contract

Samples: Credit Agreement (B Plus H Ocean Carriers LTD)

Other indemnities. The Company Borrower shall (or shall procure that an Obligor will), within three ten (10) Business Days of demand, indemnify the Arranger and each Finance other Secured Party against any documented 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 29 25 (Sharing among the Finance Parties); (c) funding, or making arrangements to fund, its participation in a Utilisation 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 Utilisation the Loan (or part of a Utilisationthe Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company or as required by this AgreementBorrower.

Appears in 1 contract

Samples: Facility Agreement (Ozon Holdings PLC)

Other indemnities. The Company Borrower shall (or shall procure that an Obligor will), 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: (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 29 31 (Sharing among the Finance Parties); (c) funding, or making arrangements to fund, its participation in a 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 Utilisation (or part of a Utilisation) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company or as required by this AgreementBorrower.

Appears in 1 contract

Samples: Facility Agreement (Cascal N.V.)

Other indemnities. The Company shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify the Mandated Lead Arrangers and each other Finance Party against any cost, loss or liability incurred by that Finance Party it 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 29 33 (Sharing among the Finance Parties); (cC) funding, or making arrangements to fund, its participation in a Utilisation Loan requested by the Company or 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); orand (dD) a Utilisation Loan (or part of a UtilisationLoan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company or as required by this AgreementCompany.

Appears in 1 contract

Samples: Multicurrency Revolving Facility Agreement (Endava 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 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 29 26 (Sharing among the Finance Parties); (; 10127241/1 42 c) the funding, or making arrangements to fund, its participation in a Utilisation 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 Utilisation Loan (or part of a UtilisationLoan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company or as required by this AgreementBorrower.

Appears in 1 contract

Samples: Facility Agreement (Flex LNG Ltd.)

Other indemnities. The Company shall (or shall procure that an Each Obligor will)shall, within three Business Days of demand, indemnify each Finance Secured Party and the Mandated Lead Arrangers against any cost, loss or liability incurred by that Finance Secured Party or Mandated Lead Arranger 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 29 28 (Sharing among the Finance Parties); (c) funding, or making arrangements to fund, its participation in a Utilisation 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 Utilisation Loan (or part of a UtilisationLoan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company or as required by this AgreementBorrower.

Appears in 1 contract

Samples: Senior Reserve Base Lending Facility Agreement (Fx Energy Inc)

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Other indemnities. The Company shall (or shall procure that an Each Obligor will)shall, within three (3) Business Days of demand, indemnify each Finance Secured Party and the Mandated Lead Arrangers against any cost, loss or liability incurred by that Finance Secured Party or Mandated Lead Arranger 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 29 28 (Sharing among the Finance Parties); (c) funding, or making arrangements to fund, its participation in a Utilisation 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 Utilisation Loan (or part of a UtilisationLoan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company or as required by this AgreementBorrower.

Appears in 1 contract

Samples: Senior Reserve Base Lending Facility Agreement (Fx Energy Inc)

Other indemnities. The Company shall (or shall procure that an Obligor will)Borrower shall, 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 29 26 (Sharing among the Finance Parties) (save to the extent such Finance Party is otherwise compensated under this Agreement); (c) funding, or making arrangements to fund, its participation in a Utilisation 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 Utilisation any Loan (or part of a Utilisationany Loan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company or as required by this AgreementBorrower.

Appears in 1 contract

Samples: Term Loan Facility Agreement (Advanced Micro Devices Inc)

Other indemnities. The Company shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance 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 Obligor, AMC Topco or a Security Provider 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 29 (Sharing among the Finance Parties); (c) funding, or making arrangements to fund, its participation in a Utilisation 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 Utilisation Loan (or part of a UtilisationLoan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company or as required by this AgreementCompany.

Appears in 1 contract

Samples: Term Loan Facility Agreement (Amc Entertainment Holdings, Inc.)

Other indemnities. The Company Each Borrower shall (or shall procure that an Obligor will), within three (3) Business Days of demand, indemnify the Mandated Lead Arrangers and each other Finance 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 including, without limitation, any cost, loss or liability arising as a result of Clause 29 (Sharing among the Finance Parties); (c) funding, or making arrangements to fund, its participation in a Utilisation requested by a Borrower it 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 Utilisation (or part of a Utilisation) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company or as required by this Agreementit.

Appears in 1 contract

Samples: Facilities Agreement (International Game Technology PLC)

Other indemnities. The Company shall (or Holdco shall procure that an Obligor will), within three Business Days of demanddemand together with supporting documentation, indemnify each Finance Party against any reasonable 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 29 (Sharing among Among the Finance Parties); (c) funding, or making arrangements to fund, its participation in a Utilisation 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); oror Back to Contents (d) a Utilisation Loan (or part of a UtilisationLoan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company or as required by this AgreementCompany.

Appears in 1 contract

Samples: Facility Agreement (Legrand Holding Sa)

Other indemnities. The Company shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party within 5 Business Days of demand 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 29 27 (Sharing among the Finance PartiesLenders); (c) funding, or making arrangements to fund, its participation in a Utilisation an Advance requested by a the relevant 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 a Finance Party aloneor any employee or agent of, or other person instructed by, such Finance Party); or; (d) a Utilisation an Advance (or part of a Utilisationan Advance) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company or as required by this Agreement.Company; or

Appears in 1 contract

Samples: Syndicated Revolving Credit Agreement (Koninklijke KPN N V)

Other indemnities. The Company shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party within 5 Business Days of demand 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 29 28 (Sharing among the Finance PartiesLenders); (c) funding, or making arrangements to fund, its participation in a Utilisation an Advance requested by a the relevant 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 a Finance Party aloneor any employee or agent of, or other person instructed by, such Finance Party); or; (d) a Utilisation an Advance (or part of a Utilisationan Advance) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company or as required by this Agreement.Company; or

Appears in 1 contract

Samples: Syndicated Revolving Credit Agreement (Koninklijke KPN N V)

Other indemnities. The Company shall (or shall procure that an Obligor will), within three Business Days of demand, indemnify each Finance Party within 5 Business Days of demand 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 29 28 (Sharing among the Finance PartiesLenders); (c) funding, or making arrangements to fund, its participation in a Utilisation an Advance requested by a the relevant 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 a Finance Party aloneor any employee or agent of, or other person instructed by, such Finance Party); or (d) a Utilisation an Advance (or part of a Utilisationan Advance) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company or as required by this AgreementCompany.

Appears in 1 contract

Samples: Syndicated Revolving Credit Agreement (Koninklijke KPN N V)

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 Arranger against any cost, loss or liability incurred by that Finance Secured Party or Arranger 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 29 clause 31 (Sharing among Among the Finance Parties); (c) funding, or making arrangements to fund, its participation in a 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 Utilisation (or part of a Utilisation) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company or as required by this AgreementCompany.

Appears in 1 contract

Samples: Multipurpose Facilities Agreement (SunOpta Inc.)

Other indemnities. The Company Each Borrower shall (or shall procure that an Obligor will), within three (3) Business Days of demand, indemnify the Arranging Parties and each other Finance 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 including, without limitation, any cost, loss or liability arising as a result of Clause 29 (Sharing among the Finance Parties); (c) funding, or making arrangements to fund, its participation in a Utilisation requested by a Borrower it 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 Utilisation (or part of a Utilisation) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company or as required by this Agreementit.

Appears in 1 contract

Samples: Senior Facility Agreement (International Game Technology PLC)

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 Arranger against any cost, loss or liability incurred by that Finance Secured Party or Arranger 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 29 30 (Sharing among the Finance Parties); (c) funding, or making arrangements to fund, its participation in a Utilisation 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 Utilisation Loan (or part of a UtilisationLoan) not being prepaid in accordance with a notice of prepayment given by a Borrower or the Company or as required by this AgreementCompany.

Appears in 1 contract

Samples: Senior Facilities 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 Secured Party and the Arranger against any cost, loss or liability incurred by that Finance Secured Party or Arranger 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 29 (Sharing among the Finance Parties); (c) funding, or making arrangements to fund, its participation in a Utilisation Loan requested by a the Borrower in a Utilisation Loan 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 Utilisation Loan (or part of a UtilisationLoan) not being prepaid in accordance with a notice of prepayment given by a the Borrower or the Company or as required by this AgreementObligors’ Agent.

Appears in 1 contract

Samples: Facility Agreement (InterXion Holding N.V.)

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