Reimbursement by Banks. To the extent that the Borrower for any reason fails to indefeasibly pay any amount required under paragraph (a) or (b) of this Section to be paid by it to any Agent (or any sub-agent thereof), any Issuing Bank or any Related Party of any of the foregoing, each Bank severally agrees to pay to such Agent (or any such sub-agent), such Issuing Bank or such Related Party, as the case may be, such Bank’s Percentage (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought based on each Bank’s share of the Total Outstanding Amount at such time) of such unpaid amount (including any such unpaid amount in respect of a claim asserted by such Bank); provided, that the unreimbursed expense or indemnified loss, claim, damage, liability or related expense, as the case may be, was incurred by or asserted against such Agent (or any such sub-agent) or such Issuing Bank in its capacity as such, or against any Related Party of any of the foregoing acting for such Agent (or any such sub-agent) or such Issuing Bank in connection with such capacity. The obligations of the Banks under this paragraph (c) are several and not joint.
Appears in 4 contracts
Samples: Credit Agreement (Clorox Co /De/), Credit Agreement (Clorox Co /De/), Credit Agreement (Clorox Co /De/)
Reimbursement by Banks. To the extent that the Borrower Borrowers for any reason fails fail to indefeasibly pay any amount required under paragraph (a) or (b) of this Section §18.1 to be paid by it them to any Agent the Agents (or any sub-agent thereof), any the Issuing Bank or any Related Party of any of the foregoing, each Bank severally agrees to pay to such Agent Agent(s) (or any such sub-agent), such the Issuing Bank or such Related Party, as the case may be, such Bank’s Commitment Percentage (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought based on each Bank’s share of the Total Outstanding Amount at such timesought) of such unpaid amount (including any such unpaid amount in respect of a claim asserted by such Bank); providedamount, provided that the unreimbursed expense or indemnified loss, claim, damage, liability or related expense, as the case may be, was incurred by or asserted against such Agent Agent(s) (or any such sub-agent) or such the Issuing Bank in its capacity as such, or against any Related Party of any of the foregoing acting for such Agent Agents (or any such sub-agent) or such Issuing Bank in connection with such capacity. The obligations of the Banks under this paragraph (c) §18.2 are several and not joint.
Appears in 3 contracts
Samples: Global Revolving Credit Agreement (Ryder System Inc), Global Revolving Credit Agreement (Ryder System Inc), Global Revolving Credit Agreement (Ryder System Inc)
Reimbursement by Banks. To the extent that the Borrower for any reason fails to indefeasibly pay any amount required under paragraph subsection (a) or (b) of this Section §17 to be paid by it to any the Agent (or any sub-agent thereof), any Issuing Fronting Bank or any Related Party of any of the foregoing, each Bank severally agrees to pay to such the Agent (or any such sub-agent), such Issuing Fronting Bank or such Related Party, as the case may be, such Bank’s Percentage pro rata share (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought based on each Bank’s share of the Total Outstanding Amount Facilities at such time) of such unpaid amount (including any such unpaid amount in respect of a claim asserted by such Bank); , such payment to be made severally among them based on each Bank’s applicable Commitment Percentages (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought), provided, that further that, the unreimbursed expense or indemnified loss, claim, damage, liability or related expense, as the case may be, was incurred by or asserted against such the Agent (or any such sub-agent) or such Issuing Fronting Bank in its capacity as such, or against any Related Party of any of the foregoing acting for such the Agent (or any such sub-agent) or such Issuing Fronting Bank in connection with such capacity. The obligations of the Banks under this paragraph subsection (c) are several and not jointsubject to the provisions of §5.1.5.
Appears in 2 contracts
Samples: Credit Agreement (Boston Properties LTD Partnership), Credit Agreement (Boston Properties LTD Partnership)