Common use of Responsibility of Issuing Lenders Clause in Contracts

Responsibility of Issuing Lenders. It is expressly understood and agreed that the obligations of the Issuing Lenders hereunder to the Domestic Revolving Lenders are only those expressly set forth in this Agreement and that each Issuing Lender shall be entitled to assume that the conditions precedent set forth in Section 4.02 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 2.05 shall be deemed to prejudice the right of any Domestic Revolving Lender to recover from any Issuing Lender any amounts made available by such Domestic Revolving Lender to such Issuing Lender pursuant to this Section 2.05 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 the Issuing Lender.

Responsibility of Issuing Lenders. It is expressly understood and agreed that the obligations of the Issuing Lenders hereunder to the Domestic Revolving Lenders are only those expressly set forth in this Agreement and that each Issuing Lender shall be entitled to assume that the conditions precedent set forth in Section 4.02 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 2.05 shall be deemed to prejudice the right of any Domestic Revolving Lender to recover from any Issuing Lender any amounts made available by such Domestic Revolving Lender to such the Issuing Lender pursuant to this Section 2.05 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 the Issuing Lender.

Responsibility of Issuing Lenders. It is expressly understood and agreed as between the Lenders that the obligations of the Issuing Lenders hereunder to the Domestic Revolving Lenders LOC Participants 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 4.02 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 2.05 2.2 shall be deemed to prejudice the right of any Domestic Revolving Lender LOC Participant to recover from any an Issuing Lender any amounts made available by such Domestic Revolving Lender LOC Participant to such Issuing Lender pursuant to this Section 2.05 2.2 in the event that it is determined by a court of competent jurisdiction that the issuance of or payment with respect to a Letter of Credit constituted gross negligence or willful misconduct on the part of the such Issuing Lender.

Responsibility of Issuing Lenders. (i) It is expressly understood and agreed as between the Lenders that the obligations of the each Issuing Lenders Lender hereunder to the Domestic Revolving 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 4.02 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 2.05 2.2 shall be deemed to prejudice the right of any Domestic Revolving Lender Participant to recover from any Issuing Lender any amounts made available by such Domestic Revolving Lender Participant to such Issuing Lender pursuant to this Section 2.05 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 the such Issuing Lender.. [[5731659]]

Responsibility of Issuing Lenders. It is expressly understood and agreed that the obligations of the Issuing Lenders hereunder to the Domestic Revolving Lenders are only those expressly set forth in this Agreement and that each Issuing Lender shall be entitled to assume that the conditions precedent set forth in Section 4.02 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 2.05 shall be deemed to prejudice the right of any Domestic Revolving Lender or any Credit-Linked LC Lender to recover from any Issuing Lender any amounts made available by such Domestic Revolving Lender or Credit-Linked LC Lender to such Issuing Lender pursuant to this Section 2.05 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 the Issuing Lender.