Common use of Reimbursement by Xxxxxxx Clause in Contracts

Reimbursement by Xxxxxxx. To the extent that the Parent or the Borrowers for any reason fail to indefeasibly pay any amount required under paragraph (1) or (2) of this Section to be paid by it to the Agent (or any sub-agent thereof) or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Agent (or any such sub-agent) or such Related Party, as the case may be, such Xxxxxx’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, damage, liability or related expense, as the case may be, was incurred by or asserted against the Agent (or any such sub-agent) in its capacity as such, or against any Related Party of any of the foregoing acting for the Agent (or any such sub-agent) in connection with such capacity. The obligations of the Lenders under this paragraph (3) are subject to the other provisions of this Agreement concerning several liability of the Lenders.

Reimbursement by Xxxxxxx. To the extent that the Parent or the Borrowers Borrower for any reason fail fails to indefeasibly pay any amount required under paragraph (1a) or (2b) of this Section to be paid by it to the Agent (or any sub-agent thereof) or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Agent (or any such sub-agent) or such Related Party, as the case may be, such Xxxxxx’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, damage, liability or related expense, as the case may be, was incurred by or asserted against the Agent (or any such sub-agent) in its capacity as such, or against any Related Party of any of the foregoing acting for the Agent (or any such sub-agent) in connection with such capacity. The obligations of the Lenders under this LEGAL_1:81779606.19 BMO – BNS - Berkshire –Credit Agreement paragraph (3a) are subject to the other provisions of this Agreement concerning several liability of the Lenders.

Reimbursement by Xxxxxxx. To the extent that the Parent or the Borrowers Borrower for any reason fail fails to indefeasibly pay any amount required under paragraph subsection (1a) or (2b) of this Section to be paid by it to the Agent (or any sub-agent thereof) or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Agent (or any such sub-agent) or such Related Party, as the case may be, such Xxxxxx’s Applicable Percentage ratable share (determined by each Lender’s Commitment 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 Agent (or any such sub-agent) in its capacity as such, or against any Related Party of any of the foregoing acting for the Agent (or any such sub-agent) in connection with such capacity. The obligations of the Lenders under this paragraph subsection (3e) are subject to the other provisions of this Agreement concerning several liability of the LendersSection 2.02(e).

Reimbursement by Xxxxxxx. To the extent that the Parent or the Borrowers Borrower for any reason fail to indefeasibly pay any amount required under paragraph subsection (1a) or (2b) of this Section to be paid by it to the Agent (or any sub-agent thereof) or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Agent (or any such sub-agent) or such Related Party, as the case may be, such XxxxxxLender’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, damage, liability or related expense, as the case may be, was incurred by or asserted against the Agent (or any such sub-agent) in its capacity as such, or against any Related Party of any of the foregoing acting for the Agent (or any such sub-agent) in connection with such capacity. The obligations of the Lenders under this paragraph subsection (3c) are subject to the other provisions of this Agreement concerning several liability of the LendersSection 2.10(d).

Reimbursement by Xxxxxxx. To the extent that the Parent or the Borrowers Borrower for any reason fail fails to indefeasibly pay any amount required under paragraph clause (1a) or (2b) of this Section 10.04 to be paid 121 ​ by it to the any Agent (or any sub-agent thereof) or any Related Party of any of the foregoing, each Lender severally agrees to pay to the such Agent (or any such sub-agent) or such Related Party, as the case may be, such Xxxxxx’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, damage, liability or related expense, as the case may be, was incurred by or asserted against the such Agent (or any such sub-agentagent thereof) in its capacity as such, or against any Related Party of any of the foregoing acting for the such Agent (or any such sub-agent) in connection with such capacity. The obligations of the Lenders under this paragraph clause (3c) are subject to the other provisions of this Agreement concerning several liability of the LendersSection 2.11(g).

Reimbursement by Xxxxxxx. To the extent that the Parent or the Borrowers a Borrower for any reason fail fails to indefeasibly pay any amount required under paragraph (1a) or (2b) of this Section to be paid by it to the Agent (or any sub-agent thereof) or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Agent (or any such sub-agent) or such Related Party, as the case may be, such Xxxxxx’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, damage, liability or related expense, as the case may be, was incurred by or asserted against the Agent (or any such sub-agent) in its capacity as such, or against any Related Party of any of the foregoing acting for the Agent (or any such sub-agent) in connection with such capacity. The obligations of the Lenders under this paragraph (3a) are subject to the other provisions of this Agreement concerning several liability of the Lenders.

Reimbursement by Xxxxxxx. To the extent that the Parent or the Borrowers Borrower for any reason fail fails to indefeasibly pay any amount required under paragraph subsection (1) or (2a) of this Section 9.5 to be paid by it to the any Agent (or any sub-agent thereof) or any Related Party of any of the foregoing, each Lender severally agrees to pay to the such Agent (or any such sub-agent) or such Related Party, as the case may be, such Xxxxxx’s Applicable Percentage 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 such Agent (or any such sub-agent) in its capacity as such, or against any Related Party of any of the foregoing acting for the such Agent (or any such sub-agent) in connection with such capacity. The obligations of the Lenders under this paragraph (3) are subject to the other provisions of this Agreement concerning several liability of the Lenders.Section 9.6

Reimbursement by Xxxxxxx. To the extent that the Parent or the Borrowers Borrower for any reason fail fails to indefeasibly pay any amount required under paragraph subsection (1a) or (2b) of this Section to be paid by it to the Administrative 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 XxxxxxLender’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, 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 paragraph subsection (3c) are subject to the other provisions of this Agreement concerning several liability of the LendersSection 2.12.

Reimbursement by Xxxxxxx. To Without limiting their obligations under Section 9.14 hereof, to the extent that the Parent or the Borrowers Loan Parties for any reason fail to indefeasibly pay any amount required under paragraph subsection (1a) or (2b) of this Section to be paid by it to the Agent (or any sub-agent thereof) or any Related Party of any of the foregoingit, each Lender severally agrees to pay to the Agent (or any such sub-agent) ), the L/C Issuer or such Related Party, as the case may be, such XxxxxxLender’s Applicable Percentage (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought) of such unpaid amount, provided that 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 Agent (or any such sub-agent) or the L/C Issuer in its capacity as such, or against any Related Party of any of the foregoing acting for the Agent (or any such sub-agent) or L/C Issuer in connection with such capacity. The obligations of the Lenders under this paragraph subsection (3c) are subject to the other provisions of this Agreement concerning several liability of the LendersSection 2.12(d).

Reimbursement by Xxxxxxx. To the extent that the Parent or the Borrowers any Loan Party for any reason fail fails to indefeasibly pay any amount required under paragraph (1) or (2) of this Section to be paid by it to the Agent (or any sub-agent thereof) or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Agent (or any such sub-agent) or such Related Party, as the case may be, such Xxxxxx’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, damage, liability or related expense, as the case may be, was incurred by or asserted against the Agent (or any such sub-agent) in its capacity as such, or against any Related Party of any of the foregoing acting for the Agent (or any such sub-agent) in connection with such capacity. The obligations of the Lenders under this paragraph (3) are subject to the other provisions of this Agreement concerning several liability of the Lenders.

Reimbursement by Xxxxxxx. To the extent that the Parent or the Borrowers Borrower for any reason fail fails to indefeasibly pay any amount required under paragraph clause (1a) or (2b) of this Section 10.04 to be paid 126 by it to the any Agent (or any sub-agent thereof) or any Related Party of any of the foregoing, each Lender severally agrees to pay to the such Agent (or any such sub-agent) or such Related Party, as the case may be, such Xxxxxx’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, damage, liability or related expense, as the case may be, was incurred by or asserted against the such Agent (or any such sub-agentagent thereof) in its capacity as such, or against any Related Party of any of the foregoing acting for the such Agent (or any such sub-agent) in connection with such capacity. The obligations of the Lenders under this paragraph clause (3c) are subject to the other provisions of this Agreement concerning several liability of the LendersSection 2.11(g).

Reimbursement by Xxxxxxx. To the extent that the Parent or the Borrowers Borrower for any reason fail fails to indefeasibly pay any amount required under paragraph Subsection (1a) or (2b) of this Section to be paid by it to the any Agent (or any sub-agent thereof) or any Related Party of any of the foregoing, each Lender severally agrees to pay to the such Agent (or any such sub-agent) or such Related Party, as the case may be, such Xxxxxx’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, damage, liability or related expense, as the case may be, was incurred by or asserted against the such Agent (or any such sub-agent) in its capacity as such, or against any Related Party of any of the foregoing acting for the such Agent (or any such sub-agent) in connection with such capacity. The obligations of the Lenders under this paragraph clause (3e) are subject to the other provisions of this Agreement concerning several liability of the LendersSection 2.14.

Reimbursement by Xxxxxxx. To the extent that the Parent or the Borrowers If a Borrower for any reason fail fails to indefeasibly pay when due any amount that it is required to pay under paragraph (1Section 10.04(a) or (2Section 10.04(b) of this Section to be paid by it to the each Agent (or any sub-agent thereof) or any Related Party of any of the foregoing, each Revolver Lender severally agrees to pay to the Administrative Agent (or any such sub-agent) or such Related Party, as the case may be, such Revolver Xxxxxx’s Applicable pro rata share (based on its Percentage 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 an Agent (or any such sub-agent) in its capacity as such, or against any Related Party of any of the foregoing acting for the such Agent (or any such sub-agent) in connection with such capacity. The obligations of the Lenders under this paragraph subsection (3c) are subject to the other provisions of this Agreement concerning several liability of the Lenders.Section 2.10(e). 147

Reimbursement by Xxxxxxx. To the extent that the Parent or the Borrowers Loan Parties for any reason fail indefeasibly to indefeasibly pay any amount required under paragraph subsection (1a) or (2b) of this Section to be paid by it or them to the any Agent (or any sub-agent thereof) or any Related Party of any of the foregoing, each Lender severally agrees to pay to the applicable Agent (or any such sub-agent) or such Related Party, as the case may be, such Xxxxxx’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, damage, liability or related expense, as the case may be, was incurred by or asserted against the applicable Agent (or any such sub-agent) in its capacity as such, or against any Related Party of any of the foregoing acting for the applicable Agent (or any such sub-agent) in connection with such capacity. The obligations of the Lenders under this paragraph subsection (3c) are subject to the other provisions of this Agreement concerning several liability of the LendersSection 2.10(d).

Reimbursement by Xxxxxxx. To the extent that the Parent or the Borrowers Borrower for any reason fail fails to indefeasibly pay any amount required under paragraph (1) Section 11.1 or (2) of this Section 11.2 to be paid by it to the Administrative Agent (or any sub-agent thereof) or any Related Party of any of the foregoingAdministrative Agent, 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 Xxxxxx’s Applicable Percentage '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 paragraph (3) Section 11.3 are subject to the other provisions of this Agreement concerning several liability of the LendersSection 17.17.

Reimbursement by Xxxxxxx. To If the extent that the Parent or the Borrowers Borrower for any reason fail fails to indefeasibly pay when due any amount that it is required to pay under paragraph (1Section 10.04(a) or (2Section 10.04(b) of this Section to be paid by it to the Administrative Agent (or any sub-agent thereof) or any Related Party of any of the foregoingAdministrative Agent, 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 Xxxxxx’s Applicable pro rata share (based on its Percentage Shares (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 Administrative Agent acting for the Administrative Agent (or any such sub-agent) in connection with such capacity. The obligations of the Lenders under this paragraph subsection (3c) are subject to the other provisions of this Agreement concerning several liability of the LendersSection 2.12(d).

Reimbursement by Xxxxxxx. To the extent that the Parent or the Borrowers Borrower for any reason fail fails to indefeasibly pay any amount required under paragraph subsection (1a) or (2b) of this Section to be paid by it to the Administrative 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 XxxxxxLender’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, 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 paragraph subsection (3c) are subject to the other provisions of this Agreement concerning several liability of the LendersSection 2.12(d).

Reimbursement by Xxxxxxx. To the extent that the Parent or the If any Borrowers for any reason fail fails to indefeasibly pay when due any amount that it is required to pay under paragraph (1Section 10.04(a) or (210.04(b) of this Section to be paid by it to the any Agent (or any sub-agent thereof) or any Related Party of any of the foregoing, each Lender severally agrees to pay to the any Agent (or any such sub-agent) or such Related Party, as the case may be, such Xxxxxx’s Applicable 's pro rata share (based on its Percentage Shares (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought) of such unpaid amount; provided, 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 such Agent (or any such sub-agent) in its capacity as such, or against any Related Party of any of the foregoing acting for the such Agent (or any such sub-agent) in connection with such capacity. The obligations of the Lenders under this paragraph subsection (3c) are subject to the other provisions of this Agreement concerning several liability of the LendersSection 2.10(d).