Nature of Reimbursement Obligations. The Borrower and, to the extent set forth in Section 2.6.1, each Lender with a Revolving Loan Commitment, shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The Issuer (except to the extent of its own gross negligence or willful misconduct) shall not be responsible for:
Appears in 12 contracts
Samples: Credit Agreement (Aegis Communications Group Inc), Credit Agreement (Weight Watchers International Inc), Credit Agreement (Weight Watchers International Inc)
Nature of Reimbursement Obligations. The Borrower and, to the extent set forth in Section 2.6.1, each Lender with a Revolving Loan Commitment, shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The Issuer (except to the extent of its own gross negligence or willful misconductmisconduct (as determined by a court of competent jurisdiction in a final and non-appealable decision)) shall not be responsible for:
Appears in 10 contracts
Samples: Credit Agreement (Strategic Hotels & Resorts, Inc), Credit Agreement (Spirit Realty Capital, Inc.), Credit Agreement (Strategic Hotel Capital Inc)
Nature of Reimbursement Obligations. The Borrower and, to the extent set forth in Section 2.6.1, each Lender with a Revolving Loan Commitment, shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The No Issuer (except to the extent of its own gross negligence or willful misconduct) shall not be responsible for:
Appears in 6 contracts
Samples: Credit Agreement (Advanstar Communications Inc), And Combined Credit Agreement (Merrill Corp), Credit Agreement (Charles River Laboratories Inc)
Nature of Reimbursement Obligations. The Borrower Each Obligor and, to the extent set forth in Section 2.6.1, each Lender with a Revolving Loan Commitment, Lender shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The No Issuer (except to the extent of its own bad faith, gross negligence or willful misconduct) shall not be responsible for:
Appears in 6 contracts
Samples: Credit Agreement (Associated Materials Inc), Credit Agreement (Associated Materials Inc), Credit Agreement (AMH Holdings, Inc.)
Nature of Reimbursement Obligations. The Borrower Borrower, each other Obligor and, to the extent set forth in Section 2.6.1, each Lender with a Revolving Loan Commitment, Lender shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The No Issuer (except to the extent of its own gross negligence or willful misconduct) shall not be responsible for:
Appears in 6 contracts
Samples: Credit Agreement (Reddy Ice Holdings Inc), Credit Agreement (Reddy Ice Holdings Inc), Credit Agreement (Southern Bottled Water Co Inc)
Nature of Reimbursement Obligations. The Borrower Borrower, each other Obligor and, to the extent set forth in Section 2.6.1, each Lender with a Revolving Loan Commitment, Lender shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The No Issuer (except to the extent of its own gross negligence negligence, bad faith or willful misconduct) shall not be responsible for:
Appears in 5 contracts
Samples: Credit Agreement (Hanesbrands Inc.), Credit Agreement (Hanesbrands Inc.), Credit Agreement (Hanesbrands Inc.)
Nature of Reimbursement Obligations. The Borrower Borrower, each other Obligor and, to the extent set forth in Section 2.6.1, each Lender with a Revolving Loan Commitment, shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The No Issuer (except to the extent of its own gross negligence or willful misconductmisconduct (as determined by a court of competent jurisdiction in a final and non-appealable judgment) shall not be responsible for:
Appears in 5 contracts
Samples: Lien Credit Agreement (Energy XXI Texas, LP), Credit Agreement (Energy Xxi (Bermuda) LTD), Lien Credit Agreement (Energy Xxi (Bermuda) LTD)
Nature of Reimbursement Obligations. The Borrower Borrowers, each other Obligor and, to the extent set forth in Section 2.6.1, each Lender with a Revolving Loan Commitment, Lender and Synthetic Lender shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The No Issuer (except to the extent of its own gross negligence or willful misconduct) shall not be responsible for:
Appears in 4 contracts
Samples: Credit Agreement (Swift Holdings Corp.), Credit Agreement (Swift Holdings Corp.), Credit Agreement (Swift Transportation Co Inc)
Nature of Reimbursement Obligations. The Borrower Borrower, each other Obligor and, to the extent set forth in Section 2.6.1, each Lender with a Revolving Loan Commitment, Lender shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The No Issuer (except to the extent of its own gross negligence negligence, willful misconduct or willful misconductbad faith) shall not be responsible for:
Appears in 3 contracts
Samples: Credit Agreement (Kansas City Southern De Mexico, S.A. De C.V.), Credit Agreement (Kansas City Southern), Credit Agreement (Kansas City Southern De Mexico, S.A. De C.V.)
Nature of Reimbursement Obligations. The Borrower Borrowers, each other Obligor and, to the extent set forth in Section 2.6.12.7.1, each Revolving Lender with a Revolving Loan Commitment, shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The No Issuer (except to the extent of its own gross negligence negligence, bad faith or willful misconduct) shall not be responsible for:
Appears in 3 contracts
Samples: Credit Agreement (Ferro Corp), Credit Agreement (Ferro Corp), Pledge and Security Agreement (Ferro Corp)
Nature of Reimbursement Obligations. The Borrower Each Borrower, each other Obligor and, to the extent set forth in Section 2.6.1, each Lender with a Revolving Loan Commitment, Lender shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The No Issuer (except to the extent of its own gross negligence or willful misconduct) shall not be responsible for:
Appears in 3 contracts
Samples: Credit Agreement (Sabre Industries, Inc.), Credit Agreement (Sabre Industries, Inc.), Credit Agreement (3055854 Nova Scotia Co)
Nature of Reimbursement Obligations. The Borrower Each Borrower, each other Obligor and, to the extent set forth in Section 2.6.1, each Lender with a Revolving Loan Commitment, Lender shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The Issuer (except to the extent of its own gross negligence or willful wilful misconduct) shall not be responsible for:
Appears in 3 contracts
Samples: Credit Agreement (Chesapeake Corp /Va/), Credit Agreement (Chesapeake Corp /Va/), Credit Agreement (Chesapeake Corp /Va/)
Nature of Reimbursement Obligations. The Borrower Borrowers, each other Obligor and, to the extent set forth in Section 2.6.12.7.1, each Lender with a Revolving Loan Commitment, Lender shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The No Issuer (except to the extent of its own gross negligence or willful misconduct) shall not be responsible for:
Appears in 3 contracts
Samples: Credit Agreement (Ferro Corp), Credit Agreement (Ferro Corp), Credit Agreement (Ferro Corp)
Nature of Reimbursement Obligations. The Borrower Borrower, each other Obligor and, to the extent set forth in Section 2.6.12.11(b), each Lender with a Revolving Loan Commitment, Lender shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The No Issuer (except to the extent of its own gross negligence or willful misconduct) shall not be responsible for:
Appears in 3 contracts
Samples: Senior Secured Credit Agreement (Titan Corp), Senior Secured Credit Agreement (Titan Corp), Senior Secured Credit Agreement (Titan Corp)
Nature of Reimbursement Obligations. The Borrower and, to ----------------------------------- the extent set forth in Section 2.6.1, each Lender with a Revolving Loan Commitment, shall assume all risks of the ------------- acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The Issuer (except to the extent of its own gross negligence or willful wilful misconduct) shall not be responsible for:
Appears in 3 contracts
Samples: Revolving Credit Agreement (Spiegel Inc), Credit Agreement (Tci Satellite Entertainment Inc), Credit Agreement (One Source Telecommunications Inc)
Nature of Reimbursement Obligations. The Borrower Each Obligor and, to the extent set forth in Section 2.6.1, each Lender with a Revolving Loan Commitment, Lender shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The Issuer (except to the extent of its own gross negligence or willful wilful misconduct) shall not be responsible for:
Appears in 2 contracts
Samples: Credit Agreement (Stericycle Inc), Credit Agreement (Stericycle Inc)
Nature of Reimbursement Obligations. The Borrower and, to the extent set forth in Section 2.6.1, each Lender with a Revolving Loan CommitmentLender, shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The Issuer (except to the extent of its own gross negligence or willful misconduct) shall not be responsible for:
Appears in 2 contracts
Samples: Credit Agreement (W-H Energy Services Inc), Credit Agreement (W-H Energy Services Inc)
Nature of Reimbursement Obligations. The Borrower Borrowers and, to the extent set forth in Section 2.6.1, each Lender with a Revolving Loan Commitment, shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The Issuer (except to the extent of its own gross negligence or willful misconduct) shall not be responsible for:
Appears in 2 contracts
Samples: Credit Agreement (Triarc Companies Inc), Credit Agreement (Triarc Companies Inc)
Nature of Reimbursement Obligations. The Borrower Parent Borrower, each other Obligor and, to the extent set forth in Section 2.6.1, each Lender with a Revolving Loan Commitment, Lender shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The No Issuer (except to the extent of its own gross negligence negligence, bad faith or willful misconduct) shall not be responsible for:
Appears in 2 contracts
Samples: Credit Agreement (Hanesbrands Inc.), Credit Agreement (Hanesbrands Inc.)
Nature of Reimbursement Obligations. The Borrower and, to the extent set forth in Section SECTION 2.6.1, each Lender with a Revolving Loan Commitment, Commitment shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The Issuer (except to the extent of its own gross negligence or willful wilful misconduct) shall not be responsible for:
Appears in 2 contracts
Samples: Credit Agreement (KSL Recreation Group Inc), Credit Agreement (KSL Recreation Group Inc)
Nature of Reimbursement Obligations. The Borrower and, to the extent set forth in Section SECTION 2.6.1, each Lender with a Revolving Loan Commitment, shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The Issuer (except to the extent of its own gross negligence or willful misconduct) shall not be responsible for:
Appears in 2 contracts
Samples: Credit Agreement (Aegis Communications Group Inc), Credit Agreement (Keebler Corp)
Nature of Reimbursement Obligations. The Borrower Borrower, each other Obligor and, to the extent set forth in Section 2.6.1, each Lender with a Revolving Loan Commitment, Lender shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The No Issuer (except to the extent of its own gross negligence or willful wilful misconduct) shall not be responsible for:
Appears in 2 contracts
Samples: Credit Agreement (North Shore Agency Inc), Security Agreement (Titan Corp)
Nature of Reimbursement Obligations. The Borrower Each Obligor and, to the extent set forth in Section 2.6.1, each Lender with a Revolving Loan Commitment, Lender shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The Issuer (except to the extent of its own bad faith, gross negligence or willful misconduct) shall not be responsible for:
Appears in 2 contracts
Samples: Credit Agreement (Global Power Equipment Group Inc/), Credit Agreement (Global Power Equipment Group Inc/)
Nature of Reimbursement Obligations. The Borrower Borrower, each other Obligor and, to the extent set forth in Section 2.6.1, each Lender with a Revolving Loan CommitmentLender and Synthetic Lender, shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The No Issuer (except to the extent of its own gross negligence or willful misconduct) shall not be responsible for:
Appears in 2 contracts
Samples: Credit Agreement (Champion Enterprises Inc), Credit Agreement (Champion Enterprises Inc)
Nature of Reimbursement Obligations. The Borrower Borrowers and, to the extent set forth in Section 2.6.12.7(b), each Revolving Lender with a Revolving Loan Commitment, shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The Issuer (except to the extent of its own gross negligence or willful misconduct) shall not be responsible for:
Appears in 2 contracts
Samples: Credit Agreement (Parametric Sound Corp), Credit Agreement (Parametric Sound Corp)
Nature of Reimbursement Obligations. The Borrower and, to the extent set forth in Section 2.6.1, each Lender with a Revolving Loan Commitment, Commitment shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The Issuer (except to the extent of its own gross negligence or willful wilful misconduct) shall not be responsible for:
Appears in 2 contracts
Samples: Credit Agreement (KSL Recreation Group Inc), Credit Agreement (Regal Cinemas Inc)
Nature of Reimbursement Obligations. The Borrower and, to the extent set forth in Section 2.6.12.8.1, each Lender with a Revolving Loan Commitment, shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The Issuer (except to the extent of its own gross negligence or willful wilful misconduct) shall not be responsible for:
Appears in 1 contract
Nature of Reimbursement Obligations. The Borrower Borrower, each ----------------------------------- other Obligor and, to the extent set forth in Section 2.6.1, each Lender with a Revolving Loan Commitment, ------------- Lender shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The No Issuer (except to the extent of its own gross negligence or willful wilful misconduct) shall not be responsible for:
Appears in 1 contract
Nature of Reimbursement Obligations. The Borrower and, to ----------------------------------- the extent set forth in Section 2.6.1, each Lender with a Revolving Loan Commitment, shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The Issuer (except to the extent of its own gross negligence or willful wilful misconduct) shall not be responsible for:
Appears in 1 contract
Samples: Credit Agreement (Spiegel Inc)
Nature of Reimbursement Obligations. The Borrower and, to the extent set forth in Section 2.6.1, each Lender with a Revolving Loan Commitment, shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The Issuer (except to the extent of its own gross negligence or willful wilful misconduct) shall not be responsible for:
Appears in 1 contract
Samples: Credit Agreement (Prosource Inc)
Nature of Reimbursement Obligations. The Each Borrower and, to the extent set forth in Section 2.6.12.8.1, each Lender with a an applicable Revolving Loan Commitment, shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The No Issuer (except to the extent of its own gross negligence or willful misconductmisconduct determined by a court of competent jurisdiction) shall not be responsible for:
Appears in 1 contract
Samples: Credit Agreement (Formica Corp)
Nature of Reimbursement Obligations. The Each Borrower and, to the extent set forth in Section 2.6.12.8.1, each Lender with a an applicable Revolving Loan Commitment, shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The No Issuer (except to the extent of its own gross negligence or willful misconduct) shall not be responsible for:
Appears in 1 contract
Nature of Reimbursement Obligations. The Borrower Borrower, each other Obligated Party and, to the extent set forth in Section 2.6.1, each Lender with a Revolving Loan Commitment, Lender shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The No Issuer (except to the extent of its own gross negligence or willful wilful misconduct) shall not be responsible for:
Appears in 1 contract
Nature of Reimbursement Obligations. The Borrower Borrower, each other Obligor and, to the extent set forth in Section 2.6.1, each Three Year Loan Lender with a Revolving Loan Commitment, shall assume all risks of the acts, omissions or misuse of any the Letter of Credit by the beneficiary thereof. The Letter of Credit Issuer (except to the extent of its own gross negligence or willful wilful misconduct) shall not be responsible for:
Appears in 1 contract
Samples: Credit Agreement (Ust Inc)
Nature of Reimbursement Obligations. The Each Borrower and, to the extent set forth in Section 2.6.12.8.1, each Lender with a an applicable Revolving Loan Commitment, shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The No Issuer (except to the extent of its own gross negligence or willful misconductmisconduct determined by a court of competent jurisdiction in a final proceeding) shall not be responsible for:
Appears in 1 contract
Samples: Credit Agreement (Formica Corp)
Nature of Reimbursement Obligations. The Borrower Each Borrower, each other Obligated Party and, to the extent set forth in Section 2.6.1, each Lender with a Revolving Loan Commitment, Lender shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The Issuer (except to the extent of its own gross negligence or willful wilful misconduct) shall not be responsible for:
Appears in 1 contract
Nature of Reimbursement Obligations. The Borrower Borrowers, each other Obligor and, to the extent set forth in Section 2.6.12.7.1, each Lender with a Original Revolving Loan CommitmentLender or each Extended Revolving Loan Lender, as applicable, shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The No Issuer (except to the extent of its own gross negligence or willful misconduct) shall not be responsible for:
Appears in 1 contract
Samples: Original Extended (Ferro Corp)
Nature of Reimbursement Obligations. The Borrower Each Borrower, each other Obligor and, to the extent set forth in Section 2.6.1, each Lender with a Revolving Loan Commitment, Lender shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The Issuer (except to the extent of its own gross negligence or willful misconduct) shall not be responsible for:
Appears in 1 contract
Nature of Reimbursement Obligations. The Borrower and, to the extent set forth in Section 2.6.12.7(b), each Revolving Lender with a Revolving Loan Commitment, shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The Issuer (except to the extent of its own gross negligence or willful misconduct) shall not be responsible for:
Appears in 1 contract
Nature of Reimbursement Obligations. The Borrower Each Borrower, each other Obligor, the Seller and, to the extent set forth in Section 2.6.1, each Lender with a Revolving Loan Commitment, Lender shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The No Issuer (except to the extent of its own gross negligence or willful wilful misconduct) shall not be responsible for:
Appears in 1 contract
Samples: Credit Agreement (WRC Media Inc)
Nature of Reimbursement Obligations. The Borrower and, to ----------------------------------- the extent set forth in Section 2.6.1, each Lender with a Revolving Loan ------------- Commitment, shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The No Issuer (except to the extent of its own gross negligence or willful misconduct) shall not be responsible for:
Appears in 1 contract
Samples: Credit Agreement (Advanstar Inc)
Nature of Reimbursement Obligations. The Borrower and, to the extent set forth in Section 2.6.1, each Lender with a Revolving Loan Commitment, shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The Issuer (except to the extent of its own gross negligence or willful misconduct) shall not be responsible for:The
Appears in 1 contract
Nature of Reimbursement Obligations. The Borrower and the Co-Borrowers and, to the extent set forth in Section 2.6.1, each Lender with a Revolving Loan Commitment, shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The Issuer (except to the extent of its own gross negligence or willful misconduct) shall not be responsible for:
Appears in 1 contract
Nature of Reimbursement Obligations. The Each Borrower and, to the extent set forth in Section 2.6.12.7.1, each Lender with a Revolving Loan Commitment, shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The Issuer (except to the extent of its own gross negligence or willful misconduct) shall not be responsible for:
Appears in 1 contract
Samples: Multicurrency Credit Agreement (Dura Automotive Systems Inc)
Nature of Reimbursement Obligations. The Borrower and, to the extent set forth in Section 2.6.1, each -45- Lender with a Revolving Loan Commitment, shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The Issuer (except to the extent of its own gross negligence or willful misconduct) shall not be responsible for:
Appears in 1 contract
Nature of Reimbursement Obligations. The Borrower Each Borrower, each other Obligor and, to the extent set forth in Section 2.6.1, each Lender with a Revolving Loan Commitment, Lender shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The No Issuer (except to the extent of its own gross negligence or willful wilful misconduct) shall not be responsible for:
Appears in 1 contract
Samples: Credit Agreement (WRC Media Inc)
