Common use of Reimbursement by Purchasers Clause in Contracts

Reimbursement by Purchasers. To the extent that the Borrower for any reason fails to indefeasibly pay any amount required under Section 9.1 or 9.2 to be paid by it to the Collateral Agent (or any sub-agent thereof) or any Related Party of any of the foregoing, each Purchaser severally agrees to pay to the Collateral Agent (or any such sub-agent) or such Related Party, as the case may be, such Purchaser’s pro rata share (based upon the percentages as used in determining the Required Purchasers 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.

Reimbursement by Purchasers. To the extent that the Borrower Company for any reason fails to indefeasibly pay any amount required under Section 9.1 or 9.2 13.5(a) to be paid by it to the Collateral Agent (or any sub-agent thereof) or any Related Party of any of the foregoing, each Purchaser severally agrees to pay to the Collateral Agent (or any such sub-agent) or such Related Party, as the case may be, such Purchaser’s pro rata share (based upon the percentages as used in determining the Required Purchasers determined as of the time that the applicable unreimbursed expense or indemnity payment is sought) of such unpaid amountamount (including any such unpaid amount in respect of a claim asserted by such Purchaser); 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 or against any Related Party of any of the foregoing acting for the Collateral Agent (or any sub-agent) in connection with such capacity.

Reimbursement by Purchasers. To the extent that the Borrower Company for any reason fails to indefeasibly pay any amount required under ‎Section 8.04 or Section 9.1 or 9.2 8.13 to be paid by it to the Collateral Purchaser Agent (or any sub-agent thereof) or any Related Party Affiliate of any of the foregoing, each Purchaser severally agrees to pay to the Collateral Purchaser Agent (or any such sub-agent) or such Related PartyAffiliate, as the case may be, such Purchaser’s pro rata share (based upon the percentages as used in determining the Required Purchasers 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 Purchaser Agent (or any such sub-agent) in its capacity as such or against any Related Party Affiliate of any of the foregoing acting for the Collateral Purchaser Agent (or any sub-agent) in connection with such capacity.. 71

Reimbursement by Purchasers. To the extent that the Borrower Company for any reason fails to indefeasibly pay any amount required under Section 9.1 8.04 or 9.2 Section 8.13 to be paid by it to the Collateral Purchaser Agent (or any sub-agent thereof) or any Related Party of any of the foregoing, each Purchaser severally agrees to pay to the Collateral Purchaser Agent (or any such sub-agent) or such Related Party, as the case may be, such Purchaser’s pro rata share (based upon the percentages as used in determining the Required Purchasers 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 Purchaser 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 Purchaser Agent (or any sub-agent) in connection with such capacity.