Common use of Reimbursement by Lxxxxxx Clause in Contracts

Reimbursement by Lxxxxxx. To the extent that Borrower for any reason fails to indefeasibly pay any amount required under Section 2.4 to be paid by it to the Collateral Agent (or any sub-agent thereof) or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Collateral Agent (or any such sub-agent) or such Related Party, as the case may be, such Lxxxxx’s pro rata share (based upon the percentages as used in determining the Required Lenders 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, damage, liability or related expense, as the case may be, was incurred by or asserted against the Collateral Agent (or any such sub-agent) in its capacity as such or against any Related Party of any of the foregoing acting for the Collateral Agent (or any sub-agent) in connection with such capacity.

Appears in 2 contracts

Samples: Sixteenth Amendment (LumiraDx LTD), Fifteenth Amendment (LumiraDx LTD)

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Reimbursement by Lxxxxxx. To the extent that Borrower for any reason fails to indefeasibly pay any amount required under clause (a) or (b) of this Section 2.4 to be paid by it to the Collateral any Agent (or any sub-agent thereof) or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Collateral such Agent (or any such sub-agent) or such Related Party, as the case may be, such LxxxxxLender’s pro rata share Applicable Percentage (based upon the percentages as used in determining the Required Lenders 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 Collateral such Agent (or any such sub-agent) in its capacity as such such, or against any Related Party of any of the foregoing acting for the Collateral such Agent (or any such sub-agent) in connection with such capacity. The obligations of Lenders under this clause (e) are subject to the provisions of Section 2.12.

Appears in 1 contract

Samples: Margin Loan Agreement (Star Holdings)

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Reimbursement by Lxxxxxx. To the extent that Borrower any Credit Party for any reason fails to indefeasibly pay any amount required under paragraph (a) or (b) of this Section 2.4 to be paid by it to the Collateral Agent (or any sub-agent thereof) or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Collateral Agent (or any such sub-agent) ), or such Related Party, as the case may be, such Lxxxxx’s pro rata ratable share (based upon the percentages as used in determining the Required Lenders determined as of the time that the applicable unreimbursed expense or indemnity payment is soughtsought based on the proportion that the Loans held by such Lender bears to all outstanding the Loans) 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 Collateral Agent (or any such sub-agent) in its capacity as such such, or against any Related Party of any of the foregoing acting for the Collateral Agent (or any such sub-agent) in connection with such capacity.

Appears in 1 contract

Samples: Loan Agreement (Guerrilla RF, Inc.)

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