Common use of Reliance by Administrative Agent, Letter of Credit Issuer and Lenders Clause in Contracts

Reliance by Administrative Agent, Letter of Credit Issuer and Lenders. Administrative Agent, Letter of Credit Issuer and the Lenders shall be entitled to rely and act upon any notices (including telephonic notices, Loan Notices and Letter of Credit Applications) purportedly given by or on behalf of Borrower even if: (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein; or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. Borrower shall indemnify the Administrative Agent, the Letter of Credit Issuer, each Lender and the Related Parties of each of them from all losses, costs, expenses and other liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of Borrower except where such liabilities result from the gross negligence or willful misconduct of the indemnitee. All telephonic notices to and other telephonic communications with Administrative Agent may be recorded by Administrative Agent, and each of the parties hereto hereby consents to such recording.

Appears in 3 contracts

Samples: Revolving Credit Agreement (GOLUB CAPITAL INVESTMENT Corp), Revolving Credit Agreement (Golub Capital BDC 3, Inc.), Revolving Credit Agreement (Golub Capital Investment Corp)

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Reliance by Administrative Agent, Letter of Credit Issuer and Lenders. The Administrative Agent, the Letter of Credit Issuer and the Lenders shall be entitled to rely and act upon any notices (including telephonic notices, Committed Loan Notices and Letter of Credit ApplicationsSwing Line Loan Notices) purportedly given by or on behalf of Borrower the Borrowers even if: if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein; , or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. Borrower The Borrowers shall indemnify the Administrative Agent, the Letter of Credit Issuer, each Lender and the Related Parties of each of them from all losses, costs, expenses and other liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of Borrower the Borrowers, except where such liabilities result to the extent resulting from the gross negligence or willful misconduct (as determined by a court of the indemniteecompetent jurisdiction in a final and non-appealable decision) of any such Person. All telephonic notices to and other telephonic communications with the Administrative Agent may be recorded by the Administrative Agent, and each of the parties hereto hereby consents to such recording.

Appears in 1 contract

Samples: Credit Agreement (Roadrunner Transportation Systems, Inc.)

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