Common use of Requirements For Issuance of Letters of Credit Clause in Contracts

Requirements For Issuance of Letters of Credit. (a) In connection with the issuance of any Letter of Credit, Borrowers shall jointly and severally indemnify, save and hold Agent and each Lender and each Issuer harmless from any loss, cost, expense or liability, including, without limitation, payments made by Agent or any Lender, and expenses and reasonable attorneys' fees incurred by Agent or any Lender arising out of, or in connection with, any Letter of Credit to be issued for a Borrower, except to the extent due to Agent's, a Lenders or an Issuer's gross negligence or willful misconduct. Borrowers shall be bound by Agent's or any Issuer's policies and good faith interpretations of any Letter of Credit issued for the account of a Borrower, although this interpretation may be different from their own; and, neither Agent, nor any Lender, nor any Issuer nor any of their correspondents shall be liable for any error, negligence, or mistakes, whether of omission or commission, in following a Borrower's instructions or those contained in any Letter of Credit or of any modifications, amendments or supplements thereto or in issuing or paying any Letter of Credit, except for Agent's, any Lender's, any Issuer's or such correspondents' gross negligence or willful misconduct.

Requirements For Issuance of Letters of Credit. (a) In connection with the issuance of any Letter of Credit, the Borrowers shall jointly and severally indemnify, save and hold Agent and the Agent, each Lender and each Issuer harmless from any loss, cost, expense or liability, including, without limitation, payments made by Agent the Agent, any Lender or any Lender, Issuer and expenses and reasonable attorneys' ’ fees incurred by Agent or the Agent, any Lender or Issuer arising out of, or in connection with, any Letter of Credit to be issued or created for a any Borrower, except to the extent due to Agent's, a Lenders or an Issuer's gross negligence or willful misconduct. The Borrowers shall be bound by the Agent's ’s or any Issuer's policies ’s regulations and good faith interpretations of any Letter of Credit issued or created for the account of a BorrowerBorrowers’ Account, although this interpretation may be different from their its own; and, neither the Agent, nor any Lender, nor any Issuer nor any of their correspondents shall be liable for any error, negligence, or mistakes, whether of omission or commission, in following a the Borrowing Agent’s or any Borrower's ’s instructions or those contained in any Letter of Credit or of any modifications, amendments or supplements thereto or in issuing or paying any Letter of Credit, except for the Agent's’s, any Lender's’s, any Issuer's ’s or such correspondents' ’ gross negligence or willful misconduct.

Requirements For Issuance of Letters of Credit. (a) In connection with the issuance of any Letter of Credit, Borrowers shall jointly and severally indemnify, save and hold Agent and Agent, each Lender and each Issuer harmless from any loss, cost, expense or liabilityliability arising from a third party claim, including, without limitation, payments made by Agent Agent, any Lender or any Lender, Issuer and expenses and reasonable attorneys' fees incurred by Agent or Agent, any Lender or Issuer arising out of, or in connection with, any Letter of Credit to be issued or created for a Borrower, except to the extent due to Agent's, a Lenders any Borrower or an Issuer's gross negligence or willful misconductSubsidiary. Borrowers shall be bound by Agent's or any Issuer's policies regulations and good faith interpretations of any Letter of Credit issued or created for the account of a BorrowerBorrowers' Account, although this interpretation may be different from their its own; and, neither Agent, nor any Lender, nor any Issuer nor any of their correspondents shall be liable for any error, negligence, or mistakes, whether of omission or commission, in following a Borrowing Agent's or any Borrower's instructions or those contained in any Letter of Credit Credit, or of any modifications, amendments or supplements thereto or in issuing or paying any Letter of Credit, except for Agent's, any Lender's, any Issuer's or such correspondents' gross negligence or willful misconduct.

Requirements For Issuance of Letters of Credit. (a) In connection with the issuance of any Letter of Credit, the Borrowers shall jointly and severally indemnify, save and hold Agent and each the Lender and each the Issuer harmless from any loss, cost, expense or liabilityliability (except to the extent arising from its gross negligence or intentional misconduct), including, without limitation, including payments made by Agent the Lender or any Lender, the Issuer and expenses and reasonable attorneys' ’ fees incurred by Agent the Lender or any Lender the Issuer arising out of, or in connection with, any Letter of Credit to be issued or created for a any Borrower, except to the extent due to Agent's, a Lenders or an Issuer's gross negligence or willful misconduct. The Borrowers shall be bound by Agent's the Lender’s or any the Issuer's policies ’s regulations and good faith interpretations of any Letter of Credit issued for or created to the account of a BorrowerLoan Account, although this interpretation may be different from their its own; and, neither Agent, nor any the Lender, nor any the Issuer nor any of their correspondents shall be liable for any error, negligence, or mistakesmistakes (except to the extent arising from its gross negligence or intentional misconduct), whether of omission or commission, in following a any Borrower's ’s instructions or those contained in any Letter of Credit or of any modifications, amendments or supplements thereto or in issuing or paying any Letter of Credit, except for Agent's, any Lender's, any Issuer's or such correspondents' gross negligence or willful misconduct.

Requirements For Issuance of Letters of Credit. (a) In connection with the issuance of any Letter of Credit, Borrowers shall jointly and severally indemnify, save and hold Agent and Agent, each Lender and each Issuer harmless from any loss, cost, expense or liability, including, without limitation, payments made by Agent or Agent, any Lender, any bank accepting such Letter of Credit (an "Accepting Bank"), or any Issuer and expenses and reasonable attorneys' fees incurred by Agent Agent, any Lender or any Lender Issuer arising out of, or in connection with, any Letter of Credit to be issued for any Borrower; provided that no Borrower shall be liable for the payment of any portion of such loss, cost, expense or liability determined by a Borrower, except court of competent jurisdiction in a final proceeding to have resulted primarily from the extent due to Agent's, a Lenders or an Issuer's gross (not mere) negligence or willful misconductmisconduct of the Agent, such Issuer or such Lender, respectively. Borrowers shall be bound by Agent's or any Issuer's policies regulations and good faith interpretations of any Letter of Credit issued or created for the account of a BorrowerBorrowers' Account, although this interpretation may be different from their its own; and, neither Agent, nor any Lender, nor any Issuer nor any of their correspondents shall be liable for any error, negligence, or mistakes, whether of omission or commission, in following a any Borrower's instructions or those contained in any Letter of Credit or of any modifications, amendments or supplements thereto or in issuing or paying any Letter of Credit, except for Agent's, any Lender's, any Issuer's or such correspondents' gross negligence or willful misconduct.

Requirements For Issuance of Letters of Credit. (a) In connection with the issuance of any Letter of Credit, Borrowers shall jointly and severally indemnify, save and hold Agent and Administrative Agent, each Lender and each Issuer harmless from any loss, cost, expense or liability, including, without limitation, payments made by Agent Administrative Agent, any Lender or any Lender, Issuer and expenses and reasonable attorneys' ’ fees incurred by Agent or Administrative Agent, any Lender or Issuer arising out of, or in connection with, any Letter of Credit to be issued or created for a any Borrower, except to the extent due to Agent's, a Lenders or an Issuer's gross negligence or willful misconduct. Borrowers shall be bound by Administrative Agent's ’s or any Issuer's policies ’s regulations and good faith interpretations of any Letter of Credit issued or created for the account of a BorrowerBorrowers’ Account, although this interpretation may be different from their its own; and, neither Administrative Agent, nor any Lender, nor any Issuer nor any of their correspondents shall be liable for any error, negligence, or mistakes, whether of omission or commission, in following a Borrowing Agent’s or any Borrower's ’s instructions or those contained in any Letter of Credit or of any modifications, amendments or supplements thereto or in issuing or paying any Letter of Credit, except for Administrative Agent's’s, any Lender's’s, any Issuer's ’s or such correspondents' ’ gross negligence or willful misconductmisconduct as finally determined by a court of competent jurisdiction.

Requirements For Issuance of Letters of Credit. (a) In connection with the issuance of any Letter of Credit, the Borrowers shall jointly and severally indemnify, save and hold Agent and each the Lender and each the Issuer harmless from any loss, cost, expense or liability, including, without limitation, including payments made by Agent the Lender or any Lender, the Issuer and expenses and reasonable attorneys' ’ fees incurred by Agent the Lender or any Lender the Issuer arising out of, or in connection with, any Letter of Credit to be issued or created for a any Borrower, except to unless such loss, cost, expense or liability is caused by the extent due to Agent's, a Lenders or an Issuer's Lender’s gross negligence or willful misconductmisconduct as determined by a final judgment of a court of competent jurisdiction. The Borrowers shall be bound by Agent's the Lender’s or any the Issuer's policies ’s regulations and good faith interpretations of any Letter of Credit issued for or created to the account of a BorrowerLoan Account, although this interpretation may be different from their its own; and, neither Agent, nor any the Lender, nor any the Issuer nor any of their correspondents shall be liable for any error, negligence, or mistakes, whether of omission or commission, in following a any Borrower's ’s instructions or those contained in any Letter of Credit or of any modifications, amendments or supplements thereto or in issuing or paying any Letter of Credit, except for Agent's, any Lender's, any Issuer's or such correspondents' gross negligence or willful misconduct.

Requirements For Issuance of Letters of Credit. (a) In connection with the issuance of any Letter of Credit, Borrowers shall jointly and severally indemnify, save and hold Agent and Agent, each Lender and each Issuer harmless from any loss, cost, expense or liability, including, without limitation, payments made by Agent Agent, any Lender or any Lender, Issuer and expenses and reasonable attorneys' ’ fees incurred by Agent Agent, any Lender or any Lender Issuer arising out of, or in connection with, any Letter of Credit to be issued or created for a Borrower, any Borrower except to the extent due to arising out of Agent's’s, a Lenders such Lender’s or an such Issuer's ’s gross negligence or willful misconduct. Borrowers shall be bound by Agent's ’s or any Issuer's policies ’s regulations and good faith interpretations of any Letter of Credit issued or created for the account of a any Borrower’s Account, although this interpretation may be different from their its own; and, neither Agent, nor any Lender, nor any Issuer nor any of their correspondents shall be liable for any error, negligence, or mistakes, whether of omission or commission, in following a any Borrower's ’s instructions or those contained in any Letter of Credit or of any modifications, amendments or supplements thereto or in issuing or paying any Letter of Credit, Credit except for Agent's’s, any Lender's’s, any Issuer's ’s or such correspondents' ’ gross negligence or willful misconduct.

Requirements For Issuance of Letters of Credit. (a) In connection with the issuance of any Letter of Credit, the Borrowers shall jointly and severally indemnify, save and hold Agent and the Agent, each Lender and each Issuer harmless from any loss, cost, expense or liability, including, without limitation, payments made by Agent the Agent, any Lender or any Lender, Issuer and expenses and reasonable attorneys' ’ fees incurred by Agent or the Agent, any Lender or Issuer arising out of, or in connection with, any Letter of Credit to be issued or created for a any Borrower, except unless such loss, cost, expense or liability is due to the extent due to Agent's, a Lenders or an Issuer's gross negligence or willful misconductmisconduct of the Agent or any Lender. The Borrowers shall be bound by the Agent's ’s or any Issuer's policies ’s regulations and good faith interpretations of any Letter of Credit issued or created for the account of a BorrowerLoan Account, although this interpretation may be different from their its own; and, neither the Agent, nor any Lender, nor any Issuer nor any of their correspondents shall be liable for any error, negligence, or mistakes, whether of omission or commission, in following a the Borrowing Agent’s or any Borrower's ’s instructions or those contained in any Letter of Credit or of any modifications, amendments or supplements thereto or in issuing or paying any Letter of Credit, except for the Agent's’s, any Lender's’s, any Issuer's ’s or such correspondents' ’ actual gross negligence or willful misconduct.

Requirements For Issuance of Letters of Credit. (a) In connection with the issuance of any Letter of Credit, Borrowers the Credit Parties shall jointly and severally indemnify, save and hold Agent and the Agent, each Lender and each Issuer harmless from any loss, cost, expense or liability, including, without limitation, payments made by Agent the Agent, any Lender or any Lender, Issuer and expenses and reasonable attorneys' fees incurred by Agent or the Agent, any Lender or Issuer arising out of, or in connection with, any Letter of Credit to be issued or created for a Borrower, except to the extent due to Agent's, a Lenders or an Issuer's gross negligence or willful misconduct. Borrowers Each Credit Party shall be bound by the Agent's or any Issuer's policies regulations and good faith interpretations of any Letter of Credit issued or created for the account of a Borrower's Account, although this interpretation may be different from their its own; and, neither the Agent, nor any Lender, nor any Issuer nor any of their correspondents shall be liable for any error, negligence, or mistakes, whether of omission or commission, in following a Borrower's instructions or those contained in any Letter of Credit or of any modifications, amendments or supplements thereto or in issuing or paying any Letter of Credit, except for the Agent's, any Lender's, any Issuer's or such correspondents' gross negligence or willful misconduct.