Common use of Supervening Illegality Clause in Contracts

Supervening Illegality. If, at any time or times hereafter, there shall become effective any amendment to, deletion from or revision, modification or other change in any provision of any statute, or any rule, regulation or interpretation thereunder or any similar law or regulation, affecting, in the Lender’s reasonable determination, the Lender’s extension of credit described in this Agreement or the selling of participations therein, the Borrower shall either (i) pay to the Lender the then outstanding balance of the Liabilities which are in violation thereof, and hold the Lender harmless from and against any and all obligations, fees, liabilities, losses, penalties, costs, expenses and damages of every kind and nature imposed upon or incurred by the Borrower by reason of the Lender’s failure or inability to comply with the terms of this Agreement or any of the other Loan Documents as a result of, but only to the extent of such change, or (ii) indemnify and hold the Lender harmless from and against any and all obligations, fees, liabilities, losses, penalties, costs, expenses and damages of every kind and nature imposed upon or incurred by the Lender by reason of such amendment, deletion, revision, modification, or other change as a result of, but only to the extent of such change. The obligations of the Borrower under this subsection 7.10 shall survive payment of the Liabilities and termination of this Agreement.

Appears in 4 contracts

Samples: Credit Agreement (Lawson Products Inc/New/De/), Credit Agreement (Lawson Products Inc/New/De/), Credit Agreement (Lawson Products Inc/New/De/)

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Supervening Illegality. If, at any time or times hereafter, there shall become effective any amendment to, deletion from or revision, modification or other change in any provision of any statute, or any rule, regulation or interpretation thereunder or any similar law rule or regulation, regulation adversely affecting, in Agent's sole determination (which determination shall be conclusive in the absence of manifest error), any Lender’s reasonable determination, 's or the Lender’s Issuing Bank's extension of credit described in this Agreement or and/or the selling of participations therein, the such Borrower shall shall, at such Borrower's option, either (i) pay to the Lender Lenders the then outstanding balance of the Liabilities which are in violation thereofits Liabilities, and hold the Lender Lenders harmless from and against any and all obligations, fees, liabilities, losses, penalties, costs, expenses and damages damages, of every kind and nature nature, imposed upon or incurred by the such Borrower by reason of Agent's, any Lender's or the Lender’s Issuing Bank's failure or inability to comply with the terms of this Agreement or any of the other Loan Documents as a result of, but only to the extent of such changeFinancing Agreements, or (ii) indemnify and hold the Lender Agent, Lenders and each Issuing Bank harmless from and against any and all obligations, fees, liabilities, losses, penalties, costs, expenses and damages damages, of every kind and nature nature, imposed upon or incurred by Agent, any Lender or the Lender Issuing Bank by reason of such amendment, deletion, revision, modification, or other change as a result of, but only to the extent of such change. The obligations of the Borrower Borrowers under this subsection Subsection 7.10 shall survive payment of the Liabilities and termination of this Agreement.

Appears in 3 contracts

Samples: Loan and Security Agreement (Abc Rail Products Corp), Loan and Security Agreement (Abc Rail Products Corp), Loan and Security Agreement (Abc Rail Products Corp)

Supervening Illegality. If, at any time or times hereafter, there shall become effective any amendment to, deletion from or revision, modification or other change in any provision of any statute, or any rule, regulation or interpretation thereunder or any similar law or regulation, affecting, in the Lender’s Agent's reasonable determination, Lenders' or the Lender’s Issuing Bank's extension of credit described in this Agreement or the selling of participations therein, the Borrower shall shall, at Borrower's option, either (i) pay to the Lender Lenders the then outstanding balance of the Liabilities which are in violation thereofLiabilities, and hold the Lender Lenders harmless from and against any and all obligations, fees, liabilities, losses, penalties, costs, expenses and damages damages, of every kind and nature nature, imposed upon or incurred by the Borrower by reason of Agent's, any Lender's or the Lender’s Issuing Bank's failure or inability to comply with the terms of this Agreement or any of the other Loan Documents as a result of, but only to the extent of such changeFinancing Agreements, or (ii) indemnify and hold Agent, Lenders and the Lender Issuing Bank harmless from and against any and all obligations, fees, liabilities, losses, penalties, costs, expenses and damages damages, of every kind and nature nature, imposed upon or incurred by Agent, any Lender or the Lender Issuing Bank by reason of such amendment, deletion, revision, modification, or other change as a result of, but only to the extent of such change. The obligations of the Borrower under this subsection Subsection 7.10 shall survive payment of the Liabilities and termination of this Agreement.

Appears in 2 contracts

Samples: Loan and Security Agreement (Webco Industries Inc), Loan and Security Agreement (Webco Industries Inc)

Supervening Illegality. If, at any time or times hereafter, there shall become effective any amendment to, deletion from or revision, modification or other change in any provision of any statute, or any rule, regulation or interpretation thereunder or any similar law or regulation, affecting, in the adversely affecting any Lender’s reasonable determination, the Lender’s 's extension of credit described in this Agreement or and/or the selling of participations therein, the Borrower shall shall, at any Lender's option, either (ia) pay to the such Lender the then outstanding balance of such Lender's Pro Rata Share of the Liabilities which are in violation thereofLiabilities, indemnify and hold the such Lender harmless from and against any and all obligations, fees, liabilities, losses, penalties, costs, expenses and damages damages, of every kind and nature nature, imposed upon or incurred by the Borrower by reason of the such Lender’s 's failure or inability to comply with the terms of this Agreement or any of the other Loan Documents as a result of, but only to the extent of such change, Financing Agreements or (iib) indemnify and hold the such Lender harmless from and against any and all obligations, fees, liabilities, losses, penalties, costs, expenses and damages damages, of every kind and nature nature, imposed upon or incurred by the such Lender by reason of such amendment, deletion, revision, modification, or other change as a result of, but only to the extent of such change. The obligations In the event that any such amendment to, deletion from or revision, modification or other change does not materially adversely affect a Lender's extension of credit described in this Agreement or the Borrower under this subsection 7.10 selling of participations therein, such Lender shall survive payment not elect the provisions of the Liabilities and termination of this Agreementclause (a) above.

Appears in 2 contracts

Samples: Loan and Security Agreement (American Builders & Contractors Supply Co Inc), Loan and Security Agreement (Amcraft Building Products Co Inc)

Supervening Illegality. If, at any time or times hereafter, there shall become effective any amendment to, deletion from or revision, modification or other change in any provision of any statute, or any rule, regulation or interpretation thereunder or any similar law rule or regulation, adversely affecting, in the Lender’s 's reasonable determination, the Lender’s 's extension of credit described in this Agreement or and/or the selling of participations therein, the Borrower shall shall, at Borrower's option, either (i) pay to the Lender the then outstanding balance of the Liabilities which are in violation thereofLiabilities, and hold the Lender harmless from and against any and all obligations, fees, liabilities, losses, penalties, costs, expenses and damages damages, of every kind and nature nature, imposed upon or incurred by the Borrower by reason of the Lender’s 's failure or inability to comply with the terms of this Agreement or any of the other Loan Documents as a result of, but only to the extent of such changeFinancing Agreements, or (ii) indemnify and hold the Lender harmless from and against any and all obligations, fees, liabilities, losses, penalties, costs, expenses and damages damages, of every kind and nature nature, imposed upon or incurred by the Lender by reason of such amendment, deletion, revision, modification, or other change as a result of, but only to the extent of such change. The obligations of the Borrower under this subsection 7.10 (other than the obligation to pay the Liabilities referred to in clause (i) above) shall survive payment of the Liabilities and termination of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Allied Digital Technologies Corp)

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Supervening Illegality. If, at any time or times hereafter, there shall become effective any amendment to, deletion from or revision, modification or other change in any provision of any statute, or any rule, regulation or interpretation thereunder or any similar law or regulation, affecting, in the Lender’s 's reasonable determination, the Lender’s 's extension of credit described in this Agreement or the selling of participations therein, the Borrower shall either (i) pay to the Lender the then outstanding balance of the Liabilities which are in violation thereof, and hold the Lender harmless from and against any and all obligations, fees, liabilities, losses, penalties, costs, expenses and damages of every kind and nature imposed upon or incurred by the Borrower by reason of the Lender’s 's failure or inability to comply with the terms of this Agreement or any of the other Loan Documents as a result of, but only to the extent of such change, or (ii) indemnify and hold the Lender harmless from and against any and all obligations, fees, liabilities, losses, penalties, costs, expenses and damages of every kind and nature imposed upon or incurred by the Lender by reason of such amendment, deletion, revision, modification, or other change as a result of, but only to the extent of such change. The obligations of the Borrower under this subsection 7.10 shall survive payment of the Liabilities and termination of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Lawson Products Inc/New/De/)

Supervening Illegality. If, at any time or times hereafter, ---------------------- there shall become effective any amendment to, deletion from or revision, modification or other change in any provision of any statute, or any rule, regulation or interpretation thereunder or any similar law or regulation, affecting, in the adversely affecting any Lender’s reasonable determination, the Lender’s 's extension of credit described in this Agreement or and/or the selling of participations therein, the Borrower shall shall, at any Lender's option, either (ia) pay to the such Lender the then outstanding balance of such Lender's Pro Rata Share of the Liabilities which are in violation thereofLiabilities, indemnify and hold the such Lender harmless from and against any and all obligations, fees, liabilities, losses, penalties, costs, expenses and damages damages, of every kind and nature nature, imposed upon or incurred by the Borrower by reason of the such Lender’s 's failure or inability to comply with the terms of this Agreement or any of the other Loan Documents as a result of, but only to the extent of such change, Financing Agreements or (iib) indemnify and hold the such Lender harmless from and against any and all obligations, fees, liabilities, losses, penalties, costs, expenses and damages damages, of every kind and nature nature, imposed upon or incurred by the such Lender by reason of such amendment, deletion, revision, modification, or other change as a result of, but only to the extent of such change. The obligations In the event that any such amendment to, deletion from or revision, modification or other change does not materially adversely affect a Lender's extension of credit described in this Agreement or the Borrower under this subsection 7.10 selling of participations therein, such Lender shall survive payment not elect the provisions of the Liabilities and termination of this Agreement.clause (a) above. ----------

Appears in 1 contract

Samples: Loan and Security Agreement (American Builders & Contractors Supply Co Inc)

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