Common use of Reimbursement by Banks Clause in Contracts

Reimbursement by Banks. To the extent that the Borrowers for any reason fail to indefeasibly pay any amount required under §18.1 to be paid by them to the Agents (or any sub-agent thereof), the Issuing Bank or any Related Party of any of the foregoing, each Bank severally agrees to pay to such Agent(s) (or any such sub-agent), 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) of such unpaid amount, 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(s) (or any such sub-agent) or the Issuing Bank in its capacity as such, or against any Related Party of any of the foregoing acting for such Agents (or any such sub-agent) or Issuing Bank in connection with such capacity. The obligations of the Banks under this §18.2 are several and not joint.

Appears in 2 contracts

Samples: Global Revolving Credit Agreement (Ryder System Inc), Global Revolving Credit Agreement (Ryder System Inc)

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Reimbursement by Banks. To the extent that the Borrowers for any reason fail fails to indefeasibly pay any amount required under §18.1 15(a) to be paid by them it to the Agents (or any sub-agent thereof), the Issuing Bank or any Related Party of any of the foregoing, each Bank severally agrees to pay to such Agent(s) (or any such sub-agent), 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) of such unpaid amount, 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(s) (or any such sub-agent) or the Issuing Bank in its capacity as such, or against any Related Party of any of the foregoing acting for such Agents (or any such sub-agent) or Issuing Bank in connection with such capacity. The obligations of the Banks under this §18.2 15(b) are several and not joint.

Appears in 1 contract

Samples: Global Revolving Credit Agreement (Ryder System Inc)

Reimbursement by Banks. To the extent that the Borrowers Borrower for any reason fail fails to indefeasibly pay any amount required under §18.1 Sections 5.6.1 [Costs and Expenses] or 11.3.3 [Indemnification by the Borrower] to be paid by them it to the Agents Agent (or any sub-agent thereof), the Issuing Bank or any Related Party of any of the foregoing, each Bank severally agrees to pay to such Agent(s) the Agent (or any such sub-agent), the Issuing Bank or such Related Party, as the case may be, such Bank’s Commitment Percentage Ratable Share (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought) of such unpaid amount, 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(s) the Agent (or any such sub-agent) or the Issuing Bank in its capacity as such, or against any Related Party of any of the foregoing acting for such Agents the Agent (or any such sub-agent) or Issuing Bank in connection with such capacity. The obligations of the Banks under this §18.2 are several and not joint.

Appears in 1 contract

Samples: Credit Agreement (Westmoreland Coal Co)

Reimbursement by Banks. To the extent that the Borrowers for any reason fail to indefeasibly pay any amount required under §18.1 Sections 11.3.1 [Costs and Expenses] or 11.3.2 [Indemnification by the Loan Parties] to be paid by them to the Agents Administrative Agent (or any sub-sub- agent thereof), the an Issuing Bank or any Related Party of any of the foregoing, each Bank severally agrees to pay to such Agent(s) the Administrative Agent (or any such sub-agent), the an Issuing Bank or such Related Party, as the case may be, such Bank’s Commitment Percentage 's Ratable Share (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought) of such unpaid amount, 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(s) the Administrative Agent (or any such sub-agent) or the any Issuing Bank in its capacity as such, or against any Related Party of any of the foregoing acting for such Agents the Administrative Agent (or any such sub-agent) or Issuing Bank in connection with such capacity. The obligations of the Banks under this §18.2 are several and not joint11.3.4.

Appears in 1 contract

Samples: Credit Agreement (Big Lots Inc)

Reimbursement by Banks. To the extent that the Borrowers for any reason fail to indefeasibly pay any amount required under §18.1 Sections 11.3.1 [Costs and Expenses] or 11.3.2 [Indemnification by the Loan Parties] to be paid by them to the Agents Administrative Agent (or any sub-agent thereof), the an Issuing Bank or any Related Party of any of the foregoing, each Bank severally agrees to pay to such Agent(s) the Administrative Agent (or any such sub-agent), the an Issuing Bank or such Related Party, as the case may be, such Bank’s Commitment Percentage 's Ratable Share (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought) of such unpaid amount, 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(s) the Administrative Agent (or any such sub-agent) or the any Issuing Bank in its capacity as such, or against any Related Party of any of the foregoing acting for such Agents the Administrative Agent (or any such sub-agent) or Issuing Bank in connection with such capacity. The obligations of the Banks under this §18.2 are several and not joint.

Appears in 1 contract

Samples: Credit Agreement (Big Lots Inc)

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Reimbursement by Banks. To the extent that the Borrowers Borrower for any reason fail fails to indefeasibly pay any amount required under subsection (a) or (b) of this §18.1 17 to be paid by them it to the Agents Agent (or any sub-agent thereof), the Issuing Fronting Bank or any Related Party of any of the foregoing, each Bank severally agrees to pay to such Agent(s) the Agent (or any such sub-agent), the Issuing Fronting 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) of such unpaid amount, 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(s) the Agent (or any such sub-agent) or the Issuing Fronting Bank in its capacity as such, or against any Related Party of any of the foregoing acting for such Agents the Agent (or any such sub-agent) or Issuing Fronting Bank in connection with such capacity. The obligations of the Banks under this subsection (c) are subject to the provisions of §18.2 are several and not joint5.1.5.

Appears in 1 contract

Samples: Credit Agreement (Boston Properties LTD Partnership)

Reimbursement by Banks. To the extent that the Borrowers for any reason fail to indefeasibly pay any amount required under §18.1 to be paid by them to the Agents (or 120 any sub-agent thereof), the Issuing Bank or any Related Party of any of the foregoing, each Bank severally agrees to pay to such Agent(s) (or any such sub-agent), 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) of such unpaid amount, 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(s) (or any such sub-agent) or the Issuing Bank in its capacity as such, or against any Related Party of any of the foregoing acting for such Agents (or any such sub-agent) or Issuing Bank in connection with such capacity. The obligations of the Banks under this §18.2 are several and not joint.

Appears in 1 contract

Samples: Global Revolving Credit Agreement (Ryder System Inc)

Reimbursement by Banks. To the extent that the Borrowers Borrower for any reason fail fails to indefeasibly pay any amount required under §18.1 Sections 11.3.1 [Costs and Expenses] or 11.3.2 [Indemnification by the Borrower] to be paid by them it to the Agents Agent (or any sub-agent thereof), the Issuing Bank or any Related Party of any of the foregoing, each Bank severally agrees to pay to such Agent(s) the Agent (or any such sub-agent), the Issuing Bank or such Related Party, as the case may be, such Bank’s Commitment Percentage 's Ratable Share (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought) of such unpaid amount, 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(s) the Agent (or any such sub-agent) or the Issuing Bank in its capacity as such, or against any Related Party of any of the foregoing acting for such Agents the Agent (or any such sub-agent) or Issuing Bank in connection with such capacity. The obligations of the Banks under this §18.2 are several and not joint.

Appears in 1 contract

Samples: Credit Agreement (WESTMORELAND COAL Co)

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