Reimbursement by Banks. To the extent that an Account Party for any reason fails to pay any amount required under this Section to be paid by it to the Administrative Agent (or any sub-agent thereof), Fronting Issuing Bank, or any Related Party of any of the foregoing, each Bank severally agrees to pay to the Administrative Agent (or any such sub-agent), Fronting Issuing Bank, or such Related Party, as the case may be, such Bank’s 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 unused Commitments and Credit Exposure 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 such Banks’ Applicable Percentage (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought), 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 the Administrative Agent (or any such sub-agent), Fronting Issuing Bank in its capacity as such, or against any Related Party of any of the foregoing acting for the Administrative Agent (or any such sub-agent), or Fronting Issuing Bank in connection with such capacity.
Appears in 2 contracts
Samples: Credit Agreement (Lincoln National Corp), Credit Agreement (Lincoln National Corp)
Reimbursement by Banks. To the extent that an Account Party the Borrower for any reason fails to indefeasibly pay any amount required under subsection (a) or (b) of this Section §17 to be paid by it to the Administrative Agent (or any sub-agent thereof), any Fronting Issuing Bank, Bank or any Related Party of any of the foregoing, each Bank severally agrees to pay to the Administrative Agent (or any such sub-agent), such Fronting Issuing Bank, Bank or such Related Party, as the case may be, such Bank’s 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 unused Commitments and Credit Exposure 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 such Banks’ Applicable Percentage each Bank’s applicable Commitment Percentages (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought), provided that provided, 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 the Administrative Agent (or any such sub-agent), ) or such Fronting Issuing Bank in its capacity as such, or against any Related Party of any of the foregoing acting for the Administrative Agent (or any such sub-agent), ) or such Fronting Issuing Bank in connection with such capacity. The obligations of the Banks under this subsection (c) are subject to the provisions of §5.1.5.
Appears in 2 contracts
Samples: Credit Agreement (Boston Properties LTD Partnership), Credit Agreement (Boston Properties LTD Partnership)
Reimbursement by Banks. To the extent that an Account Party the Borrower for any reason fails to indefeasibly pay any amount required under subsection (a) or (b) of this Section §17 to be paid by it to the Administrative Agent (or any sub-agent thereof), the Fronting Issuing Bank, the Swingline Lender or any Related Party of any of the foregoing, each Bank severally agrees to pay to the Administrative Agent (or any such sub-agent), the Fronting Issuing Bank, the Swingline Lender or such Related Party, as the case may be, such Bank’s 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 unused Commitments and Total Credit Exposure 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 such Banks’ Applicable each Bank’s Commitment Percentage (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought), provided that provided, 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 the Administrative Agent (or any such sub-agent), the Fronting Issuing Bank or the Swingline Lender in its capacity as such, or against any Related Party of any of the foregoing acting for the Administrative Agent (or any such sub-agent), the Fronting Bank or Fronting Issuing Bank the Swingline Lender in connection with such capacity. The obligations of the Banks under this subsection (c) are subject to the provisions of §5.1.5.
Appears in 1 contract
Samples: Assignment and Assumption (Boston Properties LTD Partnership)
Reimbursement by Banks. To the extent that an Account Party 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 the Administrative Agent (or any sub-agent thereof), Fronting any Issuing Bank, the Swing Line Bank or any Related Party of any of the foregoing, each Bank severally agrees to pay to the Administrative Agent (or any such sub-agent), Fronting such Issuing Bank, the Swing Line Bank or such Related Party, as the case may be, such Bank’s pro rata share 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 unused Commitments and Credit Exposure Pro Rata Share 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 such Banks’ Applicable Percentage (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought), ; 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 the Administrative Agent (or any such sub-agent), Fronting such Issuing Bank or the Swing Line Bank in its capacity as such, or against any Related Party of any of the foregoing acting for the Administrative Agent (or any such sub-agent), such Issuing Bank or Fronting Issuing any the Swing Line Bank in connection with such capacity. The obligations of the Banks under this paragraph (c) are subject to the provisions of Section 10.4.
Appears in 1 contract
Samples: Credit Agreement (Parsons Corp)