Responsibility of Issuing Lenders. It is expressly understood and agreed that the obligations of each Issuing Lender hereunder to the Lenders are only those expressly set forth in this Credit Agreement and that each Issuing Lender shall be entitled to assume that the conditions precedent set forth in Section 5.2 have been satisfied unless it shall have acquired actual knowledge that any such condition precedent has not been satisfied; provided, however, that nothing set forth in this Section 2.2 shall be deemed to prejudice the right of any Lender to recover from an Issuing Lender any amounts made available by such Lender to such Issuing Lender pursuant to this Section 2.2 in the event that it is determined by a court of competent jurisdiction that the payment with respect to a Letter of Credit constituted gross negligence or willful misconduct on the part of such Issuing Lender.
Appears in 5 contracts
Samples: Credit Agreement (DCP Midstream Partners, LP), Credit Agreement (DCP Midstream Partners, LP), Credit Agreement (DCP Midstream Partners, LP)
Responsibility of Issuing Lenders. It is expressly understood and agreed that the obligations of each the Issuing Lender Lenders hereunder to the Revolving Lenders are only those expressly set forth in this Credit Agreement and that each the Issuing Lender shall be entitled to assume that the conditions precedent set forth in Section 5.2 4.02 have been satisfied unless it shall have acquired actual knowledge that any such condition precedent has not been satisfied; provided, however, provided that nothing set forth in this Section 2.2 2.06 shall be deemed to prejudice the right of any Revolving Lender to recover from an the Issuing Lender any amounts made available by such Revolving Lender to such the Issuing Lender pursuant to this Section 2.2 2.06 in the event that it is determined by a court of competent jurisdiction that the payment with respect to a Letter of Credit constituted gross negligence or willful misconduct on the part of such the Issuing Lender.
Appears in 2 contracts
Samples: Credit Agreement (Worthington Industries Inc), Revolving Credit Agreement (Worthington Industries Inc)
Responsibility of Issuing Lenders. (i) It is expressly understood and agreed as between the Lenders that the obligations of each Issuing Lender hereunder to the Lenders Participants are only those expressly set forth in this Credit Agreement and that each Issuing Lender shall be entitled to assume that the conditions precedent set forth in Section 5.2 have been satisfied unless it shall have acquired actual knowledge that any such condition precedent has not been satisfied; provided, however, that nothing set forth in this Section 2.2 shall be deemed to prejudice the right of any Lender Participant to recover from an any Issuing Lender any amounts made available by such Lender Participant to such Issuing Lender pursuant to this Section 2.2 in the event that it is determined by a court of competent jurisdiction by a final and non-appealable judgment that the payment with respect to a Letter of Credit constituted gross negligence or willful misconduct on the part of such Issuing Lender.
Appears in 2 contracts
Samples: Credit Agreement (Quest Diagnostics Inc), Credit Agreement (Quest Diagnostics Inc)
Responsibility of Issuing Lenders. It is expressly understood and agreed as between the Lenders that the obligations of each the Issuing Lender Lenders hereunder to the Lenders LOC Participants are only those expressly set forth in this Credit Agreement and that each an Issuing Lender shall be entitled to assume that the conditions precedent set forth in Section 5.2 have been satisfied unless it shall have acquired actual knowledge that any such condition precedent has not been satisfied; provided, however, that nothing set forth in this Section 2.2 shall be deemed to prejudice the right of any Lender LOC Participant to recover from an Issuing Lender any amounts made available by such Lender LOC Participant to such Issuing Lender pursuant to this Section 2.2 in the event that it is determined by a court of competent jurisdiction that the payment with respect to a Letter of Credit constituted gross negligence or willful misconduct on the part of such Issuing Lender.
Appears in 1 contract
Responsibility of Issuing Lenders. It is expressly understood and agreed that the obligations of each Issuing Lender hereunder to the Lenders are only those expressly set forth in this Credit Agreement and that each Issuing Lender shall be entitled to assume that the conditions precedent set forth in Section 5.2 have been satisfied unless it shall have acquired actual knowledge that any such condition precedent has not DCP Midstream Operating, LP Credit Agreement been satisfied; provided, however, that nothing set forth in this Section 2.2 shall be deemed to prejudice the right of any Lender to recover from an Issuing Lender any amounts made available by such Lender to such Issuing Lender pursuant to this Section 2.2 in the event that it is determined by a court of competent jurisdiction that the payment with respect to a Letter of Credit constituted gross negligence or willful misconduct on the part of such Issuing Lender.
Appears in 1 contract
Responsibility of Issuing Lenders. It is expressly understood and agreed as between the Lenders that the obligations of each the Issuing Lender Lenders hereunder to the Lenders are only those expressly set forth in this Credit Agreement and that each the Issuing Lender Lenders shall be entitled to assume that the conditions precedent set forth in Section 5.2 5 have been satisfied unless it shall have acquired actual knowledge that any such condition precedent has not been satisfied; provided, however, that nothing set forth in this Section 2.2 shall be deemed to prejudice the right of any Lender to recover from an Issuing Lender any amounts made available by such Lender to such the an Issuing Lender pursuant to this Section 2.2 in the event that it is determined by a court of competent jurisdiction that the payment with respect to a Letter of Credit constituted gross negligence or willful misconduct on the part of such Issuing Lender.
Appears in 1 contract
Samples: Credit Agreement (Delta Woodside Industries Inc /Sc/)