Common use of Reimbursement by Lxxxxxx Clause in Contracts

Reimbursement by Lxxxxxx. To the extent that the Borrower for any reason fails to indefeasibly pay any amount required under subsection (a) of this Section 9.06 or the Borrower for any reason fails to indefeasibly pay or cause to be paid any amount required under subsection (b) of this Section 9.06, in each case, to be paid to the Administrative Agent (or any sub-agent thereof), any Arranger or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Administrative Agent (or any such sub-agent), such Arranger or such Related Party, as the case may be, such Lxxxxx’s Pro Rata 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 the Administrative Agent (or any such sub-agent), such Arranger 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 Arranger in connection with such capacity. The obligations of the Lenders under this subsection (c) are subject to the provisions of Section 2.17(c).

Appears in 1 contract

Samples: Bridge Term Loan Credit Agreement (GXO Logistics, Inc.)

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Reimbursement by Lxxxxxx. To the extent that the Borrower for any reason fails to indefeasibly pay any amount required under subsection (a) of this Section 9.06 10 or the Borrower for any reason fails to indefeasibly pay or cause Section 14.7 to be paid any amount required under subsection (b) of this Section 9.06, in each case, to be paid by it to the Administrative Agent (or any sub-agent thereof), any Arranger or any Related Party related party of any of the foregoing, each Lender severally agrees to pay to the Administrative Agent (or any such sub-agent), such Arranger or such Related Partyrelated party, as the case may be, such Lxxxxx’s Pro Rata Share (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought based on each Lender’s Share at such time) of such unpaid amount (including any such unpaid amount in respect of a claim asserted by such Lender), such payment to be made severally among them based on such Lenders’ Share (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought) of such unpaid amount), 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), such Arranger in its capacity as such ) or against any Related Party related party of any of the foregoing acting for the Administrative Agent (or any such sub-agent), such Arranger in connection with such capacity. The obligations of the Lenders under this subsection (c) are subject to the provisions of Section 2.17(c).

Appears in 1 contract

Samples: Credit and Security Agreement (Sachem Capital Corp.)

Reimbursement by Lxxxxxx. To the extent that the Borrower Company for any reason fails to indefeasibly pay any amount required under subsection clause (a) of this Section 9.06 or the Borrower for any reason fails to indefeasibly pay or cause to be paid any amount required under subsection (b) of this Section 9.06, in each case, to be paid by it to the Administrative Agent (or any sub-agent thereof), any Arranger the Sustainability Coordinator, the L/C Issuer, the Swing Line Lender or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Administrative Agent (or any such sub-agent), such Arranger the Sustainability Coordinator, the L/C Issuer, the Swing Line Lender or such Related Party, as the case may be, such LxxxxxLender’s Pro Rata 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 the Administrative Agent (or any such sub-agent), such Arranger the Sustainability Coordinator, the L/C Issuer or the Swing Line Lender in its capacity as such such, or against any Related Party of any of the foregoing acting for the Administrative Agent (or any such sub-agent), such Arranger the Sustainability Coordinator, the L/C Issuer or the Swing Line Lender in connection with such capacity. The obligations of the Lenders under this subsection clause (c) are subject to the provisions of Section 2.17(c2.12(d).

Appears in 1 contract

Samples: Credit Agreement (Methode Electronics Inc)

Reimbursement by Lxxxxxx. To the extent that the Borrower Company for any reason fails to indefeasibly pay any amount required under subsection (a) of this Section 9.06 or the Borrower for any reason fails to indefeasibly pay or cause to be paid any amount required under subsection (b) of this Section 9.06, in each case, to be paid by it to the Administrative Agent (or any sub-agent thereof), any Arranger L/C Issuer, the Swing Line Lender or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Administrative Agent (or any such sub-agent), such Arranger L/C Issuer, the Swing Line Lender or such Related Party, as the case may be, such LxxxxxLender’s Pro Rata Share applicable 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 the Administrative Agent (or any such sub-agent), such Arranger L/C Issuer or the Swing Line Lender in its capacity as such such, or against any Related Party of any of the foregoing acting for the Administrative Agent (or any such sub-agent)) or such L/C Issuer or the Swing Line Lender, such Arranger in connection with such capacity. The obligations of the Lenders under this subsection (c) are subject to the provisions of Section 2.17(c2.04(e).. 106

Appears in 1 contract

Samples: Guaranty Agreement (LyondellBasell Industries N.V.)

Reimbursement by Lxxxxxx. To the extent that the Borrower for any reason fails to indefeasibly pay any amount required under subsection (a) of this Section 9.06 or the Borrower for any reason fails to indefeasibly pay or cause to be paid any amount required under subsection (b) of this Section 9.06, in each case, to be paid by it to the Administrative Agent (or any sub-agent thereof), any Arranger the L/C Issuer, the Swing Line Lender or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Administrative Agent (or any such sub-agent), such Arranger the L/C Issuer or such Related Party, as the case may be, such LxxxxxLender’s Pro Rata Share Applicable 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 the Administrative Agent (or any such sub-agent), such Arranger the L/C Issuer or the Swing Line Lender in its capacity as such such, or against any Related Party of any of the foregoing acting for the Administrative Agent (or any such sub-agent), such Arranger the L/C Issuer or the Swing Line Lender in connection with such capacity. The obligations of the Lenders under this subsection (c) are subject to the provisions of Section 2.17(c2.12(d).

Appears in 1 contract

Samples: Credit Agreement (California Water Service Group)

Reimbursement by Lxxxxxx. To the extent that the Borrower for any reason fails to indefeasibly pay any amount required under subsection (a) of this Section 9.06 or the Borrower for any reason fails to indefeasibly pay or cause to be paid any amount required under subsection (b) of this Section 9.06, in each case, to be paid by it to the Administrative Agent (or any sub-agent thereof), any Arranger L/C Issuer, the Swing Line Lender or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Administrative Agent (or any such sub-agent), such Arranger L/C Issuer or such Related Party, as the case may be, such LxxxxxLender’s Pro Rata Share Applicable 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 the Administrative Agent (or any such sub-agent), such Arranger ) or any L/C Issuer or the Swing Line Lender in its capacity as such such, or against any Related Party of any of the foregoing acting for the Administrative Agent (or any such sub-agent), ) or such Arranger L/C Issuer or the Swing Line Lender in connection with such capacity. The obligations of the Lenders under this subsection (c) are subject to the provisions of Section 2.17(c2.12(d).

Appears in 1 contract

Samples: Credit Agreement (Suburban Propane Partners Lp)

Reimbursement by Lxxxxxx. To the extent that the Borrower Borrowers for any reason fails fail to indefeasibly pay any amount required under subsection paragraph (a) of this Section 9.06 or the Borrower for any reason fails to indefeasibly pay or cause to be paid any amount required under subsection (b) of this Section 9.06, in each case, to be paid by it to the Administrative Agent (or any sub-agent thereof), any Arranger ) or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Administrative Agent (or any such sub-agent), such Arranger ) or such Related Party, as the case may be, such Lxxxxx’s Pro Rata Share pro rata share (determined as of the time that the applicable unreimbursed expense or indemnity payment is soughtsought based on each Lender’s share of the aggregate principal amount of the Advances at such time) of such unpaid amountamount (including any such unpaid amount in respect of a claim asserted by such Lender); provided, 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), such Arranger ) in its capacity as such such, or against any Related Party of any of the foregoing acting for the Administrative Agent (or any such sub-agent), such Arranger ) in connection with such capacity. The obligations of the Lenders under this subsection paragraph (c) are subject to the provisions of Section 2.17(c2.02(d).

Appears in 1 contract

Samples: Credit Agreement (Mirae Asset Discovery Funds)

Reimbursement by Lxxxxxx. To the extent that the Borrower for any reason fails to indefeasibly pay any amount required under subsection (a) of this Section 9.06 or the Borrower for any reason fails to indefeasibly pay or cause to be paid any amount required under subsection (b) of this Section 9.06, in each case, to be paid by it to the Administrative Agent (or any sub-agent thereof), any Arranger the L/C Issuer, or any Related Party of any of the foregoingforegoing (and without limiting its obligation to do so), each Lender severally agrees to pay to the Administrative Agent (or any such sub-agent), such Arranger the L/C Issuer, or such Related Party, as the case may be, such LxxxxxLender’s Pro Rata Share pro rata share (determined as of the time that the applicable unreimbursed expense or indemnity payment is soughtsought based on each Lender’s share of the Total Credit Exposure at such time) of such unpaid amountamount (including any such unpaid amount in respect of a claim asserted by such Lender), 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), such Arranger the L/C Issuer in its capacity as such such, or against any Related Party of any of the foregoing acting for the Administrative Agent (or any such sub-agent), such Arranger ) or the L/C Issuer in connection with such capacity. The obligations of the Lenders under this subsection (c) are subject to the provisions of Section 2.17(c2.11(d).. 132

Appears in 1 contract

Samples: Credit Agreement (Braemar Hotels & Resorts Inc.)

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Reimbursement by Lxxxxxx. To the extent that the Borrower for any reason fails to indefeasibly pay any amount required under subsection (aSection 9.06(a) of this Section 9.06 or the Borrower for any reason fails to indefeasibly pay or cause to be paid any amount required under subsection (b‎(b) of this Section 9.06, in each case, to be paid to the Administrative Agent (or any sub-agent thereof), any Arranger or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Administrative Agent (or any such sub-agent), such Arranger or such Related Party, as the case may be, such Lxxxxx’s Pro Rata 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 the Administrative Agent (or any such sub-agent), such Arranger 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 Arranger in connection with such capacity. The obligations of the Lenders under this subsection (c‎(c) are subject to the provisions of Section ‎Section 2.17(c).

Appears in 1 contract

Samples: Term Loan Credit Agreement (GXO Logistics, Inc.)

Reimbursement by Lxxxxxx. To the extent that the Borrower for any reason fails to indefeasibly pay any amount required under subsection (a‎(a) of this Section 9.06 or the Borrower for any reason fails to indefeasibly pay or cause to be paid any amount required under subsection (b‎(b) of this Section 9.06, in each case, to be paid to the Administrative Agent (or any sub-agent thereof), any Arranger or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Administrative Agent (or any such sub-agent), such Arranger or such Related Party, as the case may be, such Lxxxxx’s Pro Rata 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 the Administrative Agent (or any such sub-agent), such Arranger 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 Arranger in connection with such capacity. The obligations of the Lenders under this subsection (c‎(c) are subject to the provisions of Section ‎Section 2.17(c).

Appears in 1 contract

Samples: Bridge Term Loan Credit Agreement (GXO Logistics, Inc.)

Reimbursement by Lxxxxxx. To the extent that the Borrower Cxxxxxxxx for any reason fails to indefeasibly pay any amount required under subsection (a) of this Section 9.06 or the Borrower for any reason fails to indefeasibly pay or cause to be paid any amount required under subsection (b) of this Section 9.06, in each case, to be paid by it to the Administrative Agent (or any sub-agent thereof), any Arranger the L/C Issuer, the Swing Line Lender or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Administrative Agent (or any such sub-agent), such Arranger the L/C Issuer, the Swing Line Lender or such Related Party, as the case may be, such LxxxxxLender’s Pro Rata Share Applicable 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 the Administrative Agent (or any such sub-agent), such Arranger the L/C Issuer or the Swing Line Lender in its capacity as such such, or against any Related Party of any of the foregoing acting for the Administrative Agent (or any such sub-agent), such Arranger the L/C Issuer or the Swing Line Lender in connection with such capacity. The obligations of the Lenders under this subsection (c) are subject to the provisions of Section 2.17(c2.13(d).

Appears in 1 contract

Samples: Credit Agreement (Carpenter Technology Corp)

Reimbursement by Lxxxxxx. To the extent that the Borrower for any reason fails to indefeasibly pay any amount required under subsection (a) of this Section 9.06 or the Borrower for any reason fails to indefeasibly pay or cause to be paid any amount required under subsection (b) of this Section 9.06, in each case, to be paid by it to the Administrative Agent (or any sub-agent thereof), any Arranger ) or any Related Party of any of the foregoingforegoing (and without limiting its obligation to do so), each Lender severally agrees to pay to the Administrative Agent (or any such sub-agent), such Arranger ) or such Related Party, as the case may be, such LxxxxxLender’s Pro Rata Share pro rata share (determined as of the time that the applicable unreimbursed expense or indemnity payment is soughtsought based on each Lender’s share of the Total Credit Exposure at such time) of such unpaid amountamount (including any such unpaid amount in respect of a claim asserted by such Lender), 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), such Arranger ) in its capacity as such such, or against any Related Party of any of the foregoing acting for the Administrative Agent (or any such sub-agent), such Arranger ) in connection with such capacity. The obligations of the Lenders under this subsection (c) are subject to the provisions of Section 2.17(c2.11(d).

Appears in 1 contract

Samples: Credit Agreement (Ashford Hospitality Trust Inc)

Reimbursement by Lxxxxxx. To the extent that the Borrower Borrowerany Loan Party for any reason fails to indefeasibly pay any amount required under subsection (aSection 10.04(a) of this Section 9.06 or the Borrower for any reason fails to indefeasibly pay or cause 10.04(b) to be paid any amount required under subsection (b) of this Section 9.06, in each case, to be paid by it to the Administrative Agent (or any sub-agent thereof), any Arranger the L/C Issuer or any Related Party of any of the foregoingforegoing and without relieving the Borrowersuch Loan Party of its obligations with respect thereto, each Lender severally agrees to pay to the Administrative Agent (or any such sub-agent), such Arranger the L/C Issuer or such Related Party, as the case may be, such LxxxxxLender’s Pro Rata Share Applicable 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 the Administrative Agent (or any such sub-agent), such Arranger ) or the L/C Issuer in its capacity as such such, or against any Related Party of any of the foregoing acting for the Administrative Agent (or any such sub-agent), such Arranger ) or L/C Issuer in connection with such capacity. The obligations of the Lenders under this subsection (cSection 10.04(c) are subject to the provisions of Section 2.17(c2.13(d).. (d)

Appears in 1 contract

Samples: Credit Agreement (Healthpeak Properties, Inc.)

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