Common use of Selection of Lending Installation; Mitigation Obligations; Lender Statements; Survival of Indemnity Clause in Contracts

Selection of Lending Installation; Mitigation Obligations; Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Revolving Loans and its participation in Swing Line Loans and Facility LCs to reduce any liability of the Borrower to such Lender under Sections 3.1, 3.2 and 3.5 or to avoid the unavailability of EurodollarEurocurrency Advances or Daily EurodollarEurocurrency Loans under Section 3.3 or to eliminate the need for notice pursuant to Section 3.7, so long as such designation is not, in the judgment of such Lender, disadvantageous to such Lender. Each Lender shall deliver a written statement of such Lender to the Borrower (with a copy to the Administrative Agent) as to the amount due, if any, under Section 3.1, 3.2, 3.4 or 3.5. Such written statement shall set forth in reasonable detail the calculations upon which such Lender determined such amount and shall be final, conclusive and binding on the Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a EurodollarEurocurrency Loan or Daily EurodollarEurocurrency Loan shall be calculated as though each Lender funded its EurodollarEurocurrency Loan and the Swing Line Lender funded its Daily EurodollarEurocurrency Loan through the purchase of a deposit of the type and maturity corresponding to the deposit used as a reference in determining the EurodollarEurocurrency Rate or Daily EurodollarEurocurrency Rate applicable to such Loan, whether in fact that is the case or not. Unless otherwise provided herein, the amount specified in the written statement of any Lender shall be payable on demand after receipt by the Borrower of such written statement. The obligations of the Borrower under Sections 3.1, 3.2, 3.4 and 3.5 shall survive payment of the Obligations and termination of this Agreement.

Selection of Lending Installation; Mitigation Obligations; Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Revolving Eurodollar Loans and its participation or Daily Eurodollar Loans (in the case of the Swing Line Loans and Facility LCs Lender) to reduce any liability of the Borrower Borrowers to such Lender under Sections 3.1, 3.2 3.2, 3.5 and 3.5 or 3.7 and to avoid the unavailability of EurodollarEurocurrency Eurodollar Advances or Daily EurodollarEurocurrency Eurodollar Loans under Section Sections 3.3 or to eliminate the need for notice pursuant to Section 3.7, so long as such designation is not, in the judgment of would not subject such Lender, Lender to any unreimbursed cost or expense and would not otherwise be disadvantageous to such LenderLender in any material respect. Each Lender shall deliver a written statement of such Lender to the Borrower Borrowers (with a copy to the Administrative Agent) as to the amount due, if any, under Section 3.1, 3.2, 3.4 3.4. 3.5 or 3.53.7. Such written statement shall set forth in reasonable detail the calculations upon which such Lender determined such amount and shall be final, conclusive and binding on the Borrower Borrowers in the absence of manifest error. Determination of amounts payable under such Sections in connection with a EurodollarEurocurrency Eurodollar Loan or Daily EurodollarEurocurrency Eurodollar Loan shall be calculated as though each Lender funded its EurodollarEurocurrency Eurodollar Loan and the Swing Line Lender funded its Daily EurodollarEurocurrency Eurodollar Loan through the purchase of a deposit of the type and maturity corresponding to the deposit used as a reference in determining the EurodollarEurocurrency Eurodollar Rate or Daily EurodollarEurocurrency Eurodollar Rate applicable to such Loan, whether in fact that is the case or not. Unless otherwise provided herein, the amount specified in the written statement of any Lender shall be payable on demand after receipt by the Borrower Borrowers of such written statement. The obligations of the Borrower Borrowers under Sections 3.1, 3.2, 3.4 3.4, 3.5 and 3.5 3.7 shall survive payment of the Obligations and termination of this Agreement.

Selection of Lending Installation; Mitigation Obligations; Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Revolving Eurocurrency Loans and its participation or Daily Eurocurrency Loan (in the case of Swing Line Loans and Facility LCs Lender) to reduce any liability of the Borrower to such Lender under Sections 3.1, 3.2 and 3.5 or to avoid the unavailability of EurodollarEurocurrency Eurocurrency Advances or Daily EurodollarEurocurrency Eurocurrency Loans under Section 3.3 or to eliminate the need for notice pursuant to Section 3.73.3, so long as such designation is not, in the judgment of such Lender, disadvantageous to such Lender. Each Lender shall deliver a written statement of such Lender to the Borrower (with a copy to the Administrative Agent) as to the amount due, if any, under Section 3.1, 3.2, 3.4 or 3.5. Such written statement shall set forth in reasonable detail the calculations upon which such Lender determined such amount and shall be final, conclusive and binding on the Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a EurodollarEurocurrency Eurocurrency Loan or Daily EurodollarEurocurrency Eurocurrency Loan shall be calculated as though each Lender funded its EurodollarEurocurrency Eurocurrency Loan and the Swing Line Lender funded its Daily EurodollarEurocurrency Loan Eurocurrency Loans through the purchase of a deposit of the type and maturity corresponding to the deposit used as a reference in determining the EurodollarEurocurrency Eurocurrency Rate or Daily EurodollarEurocurrency Rate applicable to such Loan, whether in fact that is the case or not. Unless otherwise provided herein, the amount specified in the written statement of any Lender shall be payable on demand after receipt by the Borrower of such written statement. The obligations of the Borrower under Sections 3.1, 3.2, 3.4 and 3.5 shall survive payment of the Obligations and termination of this Agreement.Eurocurrency Rate

Selection of Lending Installation; Mitigation Obligations; Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Revolving Eurocurrency Loans and its participation or Daily Eurocurrency Loans (in the case of the Swing Line Loans and Facility LCs Lenders) to reduce any liability of the Borrower to such Lender under Sections 3.1, 3.2 and 3.5 or to avoid the unavailability of EurodollarEurocurrency Eurocurrency Advances or Daily EurodollarEurocurrency Eurocurrency Loans under Section 3.3 or to eliminate the need for notice pursuant to Section 3.73.3, so long as such designation is not, in the judgment of such Lender, disadvantageous to such Lender. Each Lender shall deliver a written statement of such Lender to the Borrower (with a copy to the Administrative Agent) as to the amount due, if any, under Section 3.1, 3.2, 3.4 or 3.5. Such written statement shall set forth in reasonable detail the calculations upon which such Lender determined such amount and shall be final, conclusive and binding on the Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a EurodollarEurocurrency Eurocurrency Loan or Daily EurodollarEurocurrency Eurocurrency Loan shall be calculated as though each Lender funded its EurodollarEurocurrency Eurocurrency Loan and the each Swing Line Lender funded its Daily EurodollarEurocurrency Eurocurrency Loan through the purchase of a deposit of the type and maturity corresponding to the deposit used as a reference in determining the EurodollarEurocurrency Eurocurrency Rate or Daily EurodollarEurocurrency Eurocurrency Rate applicable to such Loan, whether in fact that is the case or not. Unless otherwise provided herein, the amount specified in the written statement of any Lender shall be payable on demand after receipt by the Borrower of such written statement. The obligations of the Borrower under Sections 3.1, 3.2, 3.4 and 3.5 shall survive payment of the Obligations and termination of this Agreement.