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 rule or regulation adversely affecting, in Agent's sole determination (which determination shall be conclusive in the absence of manifest error), any Lender's or the Issuing Bank's extension of credit described in this Agreement and/or the selling of participations therein, such Borrower shall, at such Borrower's option, either (i) pay to Lenders the then outstanding balance of its Liabilities, and hold Lenders 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 such Borrower by reason of Agent's, any Lender's or the Issuing Bank's failure or inability to comply with the terms of this Agreement or any of the other Financing Agreements, or (ii) indemnify and hold Agent, Lenders and each Issuing Bank 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 Agent, any Lender or the Issuing Bank by reason of such amendment, deletion, revision, modification, or other change. The obligations of the Borrowers under this 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)

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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 rule law or regulation adversely regulation, affecting, in Agent's sole determination (which determination shall be conclusive in the absence of manifest error)Lender’s reasonable determination, any the Lender's or the Issuing Bank's ’s extension of credit described in this Agreement and/or or the selling of participations therein, such the Borrower shall, at such Borrower's option, shall either (i) pay to Lenders the Lender the then outstanding balance of its Liabilitiesthe Liabilities which are in violation thereof, and hold Lenders 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 such the Borrower by reason of Agent's, any the Lender's or the Issuing Bank's ’s failure or inability to comply with the terms of this Agreement or any of the other Financing AgreementsLoan Documents as a result of, but only to the extent of such change, or (ii) indemnify and hold Agent, Lenders and each Issuing Bank 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 Agent, any the Lender or the 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 Borrowers Borrower under this Subsection subsection 7.10 shall survive payment of the Liabilities and termination of this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (Lawson Products Inc/New/De/), Credit Agreement (Lawson Products Inc/New/De/), 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 rule law or regulation adversely regulation, affecting, in Agent's sole determination (which determination shall be conclusive in the absence of manifest error)reasonable determination, any Lender's Lenders' or the Issuing Bank's extension of credit described in this Agreement and/or or the selling of participations therein, such Borrower shall, at such Borrower's option, either (i) pay to Lenders the then outstanding balance of its the Liabilities, and hold Lenders 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 such Borrower by reason of Agent's, any Lender's or the Issuing Bank's failure or inability to comply with the terms of this Agreement or any of the other Financing Agreements, or (ii) indemnify and hold Agent, Lenders and each the Issuing Bank 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 Agent, any Lender or the Issuing Bank by reason of such amendment, deletion, revision, modification, or other change. The obligations of the Borrowers Borrower under this 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)

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Supervening Illegality. If, If at any time or times hereafter, after the date of this Agreement there shall become effective any amendment toamendment, deletion from or deletion, revision, modification modification, or other change in any provision of any applicable statute, rule, or regulation or in the interpretation of any applicable statute, rule, or regulation, or any rulesimilar law or regulation, regulation or interpretation thereunder or any similar rule or regulation adversely affectingwhich makes, in Agent's sole determination (which determination shall be conclusive in Lender’s reasonable determination, the absence of manifest error), any Lender's or the Issuing Bank's ’s extension of credit described in under this Agreement and/or illegal, the selling of participations therein, such Borrower shall, at such Borrower's option, either (i) shall pay to Lenders the Lender the then outstanding balance of its Liabilitiesthe Liabilities 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 Financing Agreements; provided, however, that in the event that the Borrower fails to pay to the Lender the then outstanding balance of the Liabilities in accordance with this Section 4.7, the Borrower shall indemnify and hold Lenders 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 such Borrower the Lender by reason of Agent's, any Lender's or the Issuing Bank's failure or inability to comply with the terms of this Agreement or any of the other Financing Agreements, or (ii) indemnify and hold Agent, Lenders and each Issuing Bank 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 Agent, any Lender or the Issuing Bank by reason of such amendment, deletion, revision, modification, or other change, and the indemnification shall satisfy the Borrower’s obligation under this Section 4.7. The obligations of the Borrowers Borrower under this Subsection 7.10 Section 4.7 shall survive payment of the other Liabilities and termination of this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Lm Funding America, Inc.)

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