Common use of Reimbursement by the Lenders Clause in Contracts

Reimbursement by the Lenders. To the extent that the Company fails to pay any amount required under subsection 9.2A or 9.2B to be paid by it to any Agent (or any sub-Agent thereof) or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Administrative Agent (or any such sub-Agent) or such Related Party, as the case may be, such Lender’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) 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) in connection with such capacity. The obligations of the Lenders under this subsection 9.2C are subject to the provisions of subsection 9.12.

Appears in 2 contracts

Samples: Credit Agreement (Real Mex Restaurants, Inc.), Credit Agreement (Real Mex Restaurants, Inc.)

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Reimbursement by the Lenders. To the extent that the Company Borrower for any reason fails to indefeasibly pay any amount required under subsection 9.2A or 9.2B this Article to be paid by it to any the Agent (or any sub-Agent agent thereof) or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Administrative Agent (or any such sub-Agentagent) or such Related Party, as the case may be, such Lender’s Pro Rata Share 's 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, damagedemands, liability or related expense, as the case may be, was incurred by or asserted against the Administrative Agent (or any such sub-Agent) in its capacity as such, or against any Related Party of any of the foregoing acting for the Administrative Agent (or any such sub-Agentagent) in connection with such capacity. The obligations of the Lenders under this subsection 9.2C Section are subject to the other provisions of subsection 9.12this Agreement concerning several liability of the Lenders.

Appears in 2 contracts

Samples: Credit Agreement (McEwen Mining Inc.), Credit Agreement (McEwen Mining Inc.)

Reimbursement by the Lenders. To the extent that the Company Borrower for any reason fails to indefeasibly pay any amount required under subsection 9.2A or 9.2B this Article to be paid by it to any the Agent (or any sub-Agent agent thereof) or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Administrative Agent (or any such sub-Agentagent) or such Related Party, as the case may be, such Lender’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, damagedemands, liability or related expense, as the case may be, was incurred by or asserted against the Administrative Agent (or any such sub-Agent) in its capacity as such, or against any Related Party of any of the foregoing acting for the Administrative Agent (or any such sub-Agentagent) in connection with such capacity. The obligations of the Lenders under this subsection 9.2C Section are subject to the other provisions of subsection 9.12this Agreement concerning several liability of the Lenders.

Appears in 1 contract

Samples: Credit Agreement (McEwen Mining Inc.)

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Reimbursement by the Lenders. To the extent that the Company Borrower for any reason fails to indefeasibly pay any amount required under subsection 9.2A or 9.2B this Article to be paid by it to any the Agent (or any sub-Agent agent thereof) or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Administrative Agent (or any such sub-Agentagent) or such Related Party, as the case may be, such Lender’s Pro Rata Share Lxxxxx's 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, damagedemands, liability or related expense, as the case may be, was incurred by or asserted against the Administrative Agent (or any such sub-Agent) in its capacity as such, or against any Related Party of any of the foregoing acting for the Administrative Agent (or any such sub-Agentagent) in connection with such capacity. The obligations of the Lenders under this subsection 9.2C Section are subject to the other provisions of subsection 9.12this Agreement concerning several liability of the Lenders.

Appears in 1 contract

Samples: Credit Agreement (McEwen Mining Inc.)

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