Indemnification of Agent. The Banks agree to indemnify Agent (to the extent not reimbursed by Borrower), ratably according to their respective Commitment Percentages from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever which may be imposed on, incurred by or asserted against Agent in its capacity as agent in any way relating to or arising out of this Agreement or any Loan Document or any action taken or omitted by Agent with respect to this Agreement or any Loan Document, provided that no Bank shall be liable for any portion of such liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses (including attorney fees) or disbursements resulting from Agent's gross negligence, willful misconduct or from any action taken or omitted by Agent in any capacity other than as agent under this Agreement.
Appears in 6 contracts
Samples: Assignment and Acceptance Agreement (Steris Corp), Credit Agreement (Amcast Industrial Corp), Credit Agreement (Amcast Industrial Corp)
Indemnification of Agent. The Banks agree to indemnify Agent (to the extent not reimbursed by Borrower)Borrowers) ratably, ratably according to their respective Commitment Percentages Percentages, from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever which that may be imposed on, incurred by or asserted against Agent in its agency capacity as agent in any way relating to or arising out of this Agreement or any Loan Document or any action taken or omitted by Agent it with respect to this Agreement or any Loan Document, provided that no Bank shall be liable for any portion of such liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses (including attorney attorneys’ fees) or disbursements resulting from Agent's ’s gross negligence, willful misconduct or from any action taken or omitted by Agent it in any capacity other than as agent under this Agreement.
Appears in 5 contracts
Samples: Credit Agreement (Nordson Corp), Credit Agreement (Nordson Corp), Assignment and Assumption Agreement (Nordson Corp)
Indemnification of Agent. The Banks agree to indemnify Agent (to the extent not reimbursed by Borrower)) ratably, ratably according to their respective Commitment Percentages Percentages, from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever which that may be imposed on, incurred by or asserted against Agent in its capacity as agent in any way relating to or arising out of this Agreement or any Loan Document or any action taken or omitted by Agent with respect to this Agreement or any Loan Document, provided that no Bank shall be liable for any portion of such liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses (including attorney attorneys' fees) or disbursements resulting from Agent's gross negligence, willful misconduct or from any action taken or omitted by Agent in any capacity other than as agent under this Agreement.
Appears in 4 contracts
Samples: Assignment and Acceptance Agreement (Standard Register Co), Credit Agreement (Davey Tree Expert Co), Credit Agreement (Davey Tree Expert Co)
Indemnification of Agent. The Banks agree to indemnify Agent (to the extent not reimbursed by Borrower)) ratably, ratably according to their respective Commitment Percentages Percentages, from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever which that may be imposed on, incurred by or asserted against Agent in its agency capacity as agent in any way relating to or arising out of this Agreement or any Loan Document or any action taken or omitted by Agent it with respect to this Agreement or any Loan Document, provided that no Bank shall be liable for any portion of such liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses (including attorney attorneys’ fees) or disbursements resulting from Agent's ’s gross negligence, willful misconduct or from any action taken or omitted by Agent it in any capacity other than as agent under this Agreement.
Appears in 4 contracts
Samples: Credit Agreement (Nordson Corp), Credit Agreement (Nordson Corp), Credit Agreement (Nordson Corp)
Indemnification of Agent. The Banks agree to indemnify Agent (to the extent not reimbursed by Borrower)Borrowers) ratably, ratably according to their respective Commitment Percentages Percentages, from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever which that may be imposed on, incurred by or asserted against Agent in its capacity as agent in any way relating to or arising out of this Agreement or any Loan Document or any action taken or omitted by Agent with respect to this Agreement or any Loan Document, provided that no Bank shall be liable for any portion of such liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses (including attorney attorneys' fees) or disbursements resulting from Agent's gross negligence, willful misconduct or from any action taken or omitted by Agent in any capacity other than as agent under this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Schulman a Inc), Credit and Security Agreement (Res Care Inc /Ky/)
Indemnification of Agent. The Banks agree to indemnify Agent (to the extent not reimbursed by Borrower), ratably according to their respective Commitment Percentages from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever which may be imposed on, incurred by or asserted against Agent in its capacity as agent in any way relating to or arising out of this Agreement or any Loan Document or any action taken or omitted by Agent with respect to this Agreement or any Loan Document, provided that no Bank shall be liable for any portion of such liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses (including 35 attorney fees) or disbursements resulting from Agent's gross negligence, willful misconduct or from any action taken or omitted by Agent in any capacity other than as agent under this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Timken Co)
Indemnification of Agent. The Banks agree to indemnify Agent (to the extent not reimbursed by BorrowerBorrowers), ratably according to their respective Commitment Percentages from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever which may be imposed on, incurred by or asserted against Agent in its capacity as agent in any way relating to or arising out of this Agreement or any Loan Document or any action taken or omitted by Agent with respect to this Agreement or any Loan Document, provided that no Bank shall be liable for any portion of such liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses (including attorney fees) or disbursements resulting from Agent's gross negligence, willful misconduct or from any action taken or omitted by Agent in any capacity other than as agent under this Agreement.
Appears in 1 contract
Samples: Assignment and Acceptance Agreement (Advanced Lighting Technologies Inc)
Indemnification of Agent. The Banks agree to indemnify Agent (to the extent not reimbursed by Borrower), ratably according to their respective Commitment Percentages from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever which that may be imposed on, incurred by or asserted against Agent in its capacity as agent in any way relating to or arising out of this Agreement or any Loan Document or any action taken or omitted by Agent with respect to this Agreement or any Loan Document, provided that no Bank shall be liable for any portion of such liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses (including attorney attorneys' fees) or disbursements resulting from Agent's gross negligence, willful misconduct or from any action taken or omitted by Agent in any capacity other than as agent under this Agreement.
Appears in 1 contract
Samples: Assignment Agreement (Steris Corp)
Indemnification of Agent. The Banks agree to indemnify Agent (to the extent not reimbursed by Borrower)) ratably, ratably according to their respective Commitment Percentages Percentages, from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever which that may be imposed on, incurred by or asserted against Agent in its capacity as agent in any way relating to or arising out of this Agreement or any Loan Document or any action taken or omitted by Agent with respect to this Agreement or any Loan Document, provided that no Bank shall be liable for any portion of such liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses (including attorney attorneys’ fees) or disbursements resulting from Agent's ’s gross negligence, willful misconduct or from any action taken or omitted by Agent in any capacity other than as agent under this Agreement.
Appears in 1 contract
Indemnification of Agent. The Banks agree to indemnify Agent (to the extent not reimbursed by Borrower)) ratably, ratably according to their respective Commitment Percentages Percentages, from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever which that may be imposed on, incurred by or asserted against Agent in its capacity as agent in any way relating to or arising out of this Agreement or any Loan Document or any action taken or omitted by Agent with respect to this Agreement or any Loan Document, provided that no Bank shall be liable for any portion of such liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses (including attorney attorneys’ fees) or disbursements resulting from Agent's ’s gross negligence, willful misconduct or from any action taken or omitted by Agent in any capacity other than as agent under this AgreementAgreement in each case, as determined by a final non-appealable judgment by a court of competent jurisdiction.
Appears in 1 contract
Indemnification of Agent. The Banks agree to indemnify Agent (to the extent not reimbursed by Borrower)Xxxxxxxx) ratably, ratably according to their respective Commitment Percentages Percentages, from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever which that may be imposed on, incurred by or asserted against Agent in its capacity as agent in any way relating to or arising out of this Agreement or any Loan Document or any action taken or omitted by Agent with respect to this Agreement or any Loan Document, provided that no Bank shall be liable for any portion of such liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses (including attorney attorneys’ fees) or disbursements resulting from Agent's ’s gross negligence, willful misconduct or from any action taken or omitted by Agent in any capacity other than as agent under this Agreement.any
Appears in 1 contract