Common use of Reimbursement by Xxxxxxx Clause in Contracts

Reimbursement by Xxxxxxx. To the extent that any Borrower for any reason fails to indefeasibly pay any amount required under Section 11.04(a) or Section 11.04(b) to be paid to the Agents (or any sub-agent thereof), the Syndication Agent, the Arrangers, the L/C Issuers or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Agents (or any such sub-agent), the Syndication Agent, the Arrangers, the L/C Issuers or such Related Party, as the case may be, such Xxxxxx’s Pro Rata Share (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought) of such unpaid amount, provided that the unreimbursed expense or indemnified loss, claim, damage, liability or related expense, as the case may be, was incurred by or asserted against the Agents (or any such sub-agent), the Syndication Agent, the Arrangers or the L/C Issuers in their capacity as such, or against any Related Party of any of the foregoing acting for the Agents (or any such sub-agent), the Syndication Agent, the Arrangers or the L/C Issuers in connection with such capacity. The obligations of the Lenders under this Section 11.04(c) are subject to the provisions of Section 2.12(d).

Reimbursement by Xxxxxxx. To the extent that any the Borrower for any reason fails to indefeasibly pay any amount required under Section 11.04(asubsection (a) or (b) of this Section 11.04(b) to be paid by it to the Agents Administrative Agent (or any sub-agent thereof), the Syndication Agent, the Arrangers, the any L/C Issuers Issuer, any Arranger or any Related Party of any of the foregoingforegoing (and without limiting the obligation of the Borrower to do so), each Lender severally agrees to pay to the Agents Administrative Agent (or any such sub-agent), the Syndication Agent, the Arrangers, the any L/C Issuers Issuer, such Arranger or such Related Party, as the case may be, such XxxxxxLender’s Pro Rata Share Applicable Percentage of such unpaid amount (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought) of such unpaid amount); provided, provided that the unreimbursed expense or indemnified loss, claim, damage, liability or related expense, as the case may be, was incurred by or asserted against the Agents Administrative Agent (or any such sub-agent), the Syndication Agent, the Arrangers or the any L/C Issuers Issuer or any Arranger in their its capacity as such, or against any Related Party of any of the foregoing acting for the Agents Administrative Agent (or any such sub-agent), the Syndication Agent, the Arrangers or the any L/C Issuers Issuer or any Arranger in connection with such capacity. The obligations of the Lenders under this Section 11.04(csubsection (c) are subject to the provisions of Section 2.12(d2.13(d).

Reimbursement by Xxxxxxx. To the extent that any Borrower the Company for any reason fails to indefeasibly pay any amount required under Section 11.04(a) or Section 11.04(b(b) to be paid by it to the Agents Administrative Agent (or any sub-agent thereof), the Syndication Agent, the Arrangers, the any L/C Issuers Issuer, the Swing Line Lender or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Agents Administrative Agent (or any such sub-agent), the Syndication Agent, the Arrangers, the such L/C Issuers Issuer, the Swing Line Lender or such Related Party, as the case may be, such XxxxxxLender’s Pro Rata Share Applicable Percentage (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought) of such unpaid amount, ; provided that the unreimbursed expense or indemnified loss, claim, damage, liability or related expense, as the case may be, was incurred by or asserted against the Agents Administrative Agent (or any such sub-agent), the Syndication Agent, the Arrangers or the such L/C Issuers Issuer or the Swing Line Lender in their its capacity as such, or against any Related Party of any of the foregoing acting for the Agents Administrative Agent (or any such sub-agent), the Syndication Agent, the Arrangers or the such L/C Issuers Issuer or the Swing Line Lender in connection with such capacity. The obligations of the Lenders under this Section 11.04(c) are subject to the provisions of Section 2.12(d).

Reimbursement by Xxxxxxx. To the extent that any the Borrower for any reason fails to indefeasibly pay any amount required under Section 11.04(asubsection (a) or (b) of this Section 11.04(b) to be paid by it to the Agents Administrative Agent (or any sub-agent thereof), the Syndication Agent, the Arrangers, the L/C Issuers Issuer, the Swing Line Lender or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Agents Administrative Agent (or any such sub-agent), the Syndication Agent, the Arrangers, the L/C Issuers Issuer, the Swing Line Lender or such Related Party, as the case may be, such Xxxxxx’s Pro Rata Share pro rata share (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought) of such unpaid amount, provided that the unreimbursed expense or indemnified loss, claim, damage, liability or related expense, as the case may be, was incurred by or asserted against the Agents Administrative Agent (or any such sub-agent), the Syndication Agent, the Arrangers or the L/C Issuers Issuer or the Swing Line Lender in their its capacity as such, or against any Related Party of any of the foregoing acting for the Agents Administrative Agent (or any such sub-agent), the Syndication Agent, the Arrangers or the L/C Issuers Issuer or the Swing Line Lender in connection with such capacity. The obligations of the Lenders under this Section 11.04(csubsection (c) are subject to the provisions of Section 2.12(d2.13(d).

Reimbursement by Xxxxxxx. To the extent that any the Borrower for any any(c) reason fails fail to indefeasibly pay any amount required under Section 11.04(asubsection (a) or (b) of this Section 11.04(b) to be paid by them to the Agents Administrative Agent (or any sub-agent thereof), the Syndication Collateral Agent, the Arrangers, the L/C Issuers Issuer or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Agents Administrative Agent (or any such sub-agent), the Syndication Collateral Agent, the Arrangers, the L/C Issuers Issuer or such Related Party, as the case may be, such XxxxxxLender’s Pro Rata Share pro rata share (determined in each case as of the time that the applicable unreimbursed expense or indemnity payment is sought) of such unpaid amount, ; provided that the unreimbursed expense or indemnified loss, claim, damage, liability or related expense, as the case may be, was incurred by or asserted against the Agents Administrative Agent (or any such sub-agent), the Syndication Collateral Agent, the Arrangers or the L/C Issuers Issuer in their its capacity as such, or against any Related Party of any of the foregoing acting for the Agents Administrative Agent (or any such sub-agent), the Syndication Agent, the Arrangers Collateral Agent or the L/C Issuers Issuer in connection with such capacity. The obligations of the Lenders under this Section 11.04(csubsection (c) are subject to the provisions of Section 2.12(d2.11(b).

Reimbursement by Xxxxxxx. To the extent that any Borrower the Borrowers for any reason fails fail to indefeasibly pay any amount required under Section 11.04(asubsection (a) or (b) of this Section 11.04(b) to be paid by it to the Agents Agent (or any sub-agent thereof), the Syndication Agent, the Arrangers, the any L/C Issuers Issuer, the Arrangers or any Related Party of any of the foregoingforegoing (it being acknowledged that, for the avoidance of doubt, such required amounts do not include any fees arising solely from the Fee Letter), each Lender severally agrees to pay to the Agents Agent (or any such sub-agent), the Syndication Agent, the Arrangers, the any L/C Issuers Issuer, the Arrangers or such Related Party, as the case may be, such Xxxxxx’s Pro Rata Share (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought) of such unpaid amount, provided that the unreimbursed expense or indemnified loss, claim, damage, liability or related expense, as the case may be, was incurred by or asserted against the Agents Agent (or any such sub-agent), the Syndication Agent, the Arrangers ) or the any L/C Issuers Issuer in their its capacity as such, or against any Related Party of any of the foregoing acting for the Agents Agent (or any such sub-agent), the Syndication Agent, the Arrangers ) or the any L/C Issuers Issuer in connection with such capacity. The 102 obligations of the Lenders under this Section 11.04(csubsection (b) are subject to the provisions of Section 2.12(d).

Reimbursement by Xxxxxxx. To the extent that any the Borrower for any reason fails to indefeasibly pay any amount required under Section 11.04(asubsection (a) or (b) of this Section 11.04(b) to be paid by it to the Agents Agent (or any sub-agent thereof), the Syndication Agent, the Arrangers, the L/C Issuers Arrangers or any Related Party of any of the foregoingforegoing (it being acknowledged that, for the avoidance of doubt, such required amounts do not include any fees arising solely from the Fee Letter), each Lender severally agrees to pay to the Agents Agent (or any such sub-agent), the Syndication Agent, the Arrangers, the L/C Issuers Arrangers or such Related Party, as the case may be, such Xxxxxx’s Pro Rata Share (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought) of such unpaid amount, provided that the unreimbursed expense or indemnified loss, claim, damage, liability or related expense, as the case may be, was incurred by or asserted against the Agents Agent (or any such sub-agent), the Syndication Agent, the Arrangers or the L/C Issuers ) in their its capacity as such, or against any Related Party of any of the foregoing acting for the Agents Agent (or any such sub-agent), the Syndication Agent, the Arrangers or the L/C Issuers ) in connection with such capacity. The obligations of the Lenders under this Section 11.04(csubsection (b) are subject to the provisions of Section 2.12(d).

Reimbursement by Xxxxxxx. To the extent that any the Borrower for any reason fails to indefeasibly pay any amount required under Section 11.04(asubsection (a) or (b) of this Section 11.04(b) 10.04 to be paid by it to the Agents Administrative Agent (or any sub-agent thereof), the Syndication Agent, the Arrangers, the L/C Issuers any Arranger or any Related Party of any of the foregoingforegoing (and without limiting the obligation of the Borrower to do so), each Lender severally agrees to pay to the Agents Administrative Agent (or any such sub-agent), the Syndication Agent, the Arrangers, the L/C Issuers such Arranger or such Related Party, as the case may be, such XxxxxxLender’s Pro Rata Share Applicable Percentage of such unpaid amount (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought) of such unpaid amount); provided, provided that the unreimbursed expense or indemnified loss, claim, damage, liability or related expense, as the case may be, was incurred by or asserted against the Agents Administrative Agent (or any such sub-agent), the Syndication Agent, the Arrangers ) or the L/C Issuers any Arranger in their its capacity as such, or against any Related Party of any of the foregoing acting for the Agents Administrative Agent (or any such sub-agent), the Syndication Agent, the Arrangers ) or the L/C Issuers any Arranger in connection with such capacity. The obligations of the Lenders under this Section 11.04(csubsection (c) are subject to the provisions of Section 2.12(d).

Reimbursement by Xxxxxxx. To the extent that any the Borrower for any reason fails fail to indefeasibly pay any amount required under Section 11.04(asubsection (a) or (b) of this Section 11.04(b) to be paid by them to the Agents Administrative Agent (or any sub-agent thereof), the Syndication Collateral Agent, the Arrangers, the L/C Issuers Issuer or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Agents Administrative Agent (or any such sub-agent), the Syndication Collateral Agent, the Arrangers, the L/C Issuers Issuer or such Related Party, as the case may be, such XxxxxxLender’s Pro Rata Share pro rata share (determined in each case as of the time that the applicable unreimbursed expense or indemnity payment is sought) of such unpaid amount, ; provided that the unreimbursed expense or indemnified loss, claim, damage, liability or related expense, as the case may be, was incurred by or asserted against the Agents Administrative Agent (or any such sub-agent), the Syndication Collateral Agent, the Arrangers or the L/C Issuers Issuer in their its capacity as such, or against any Related Party of any of the foregoing acting for the Agents Administrative Agent (or any such sub-agent), the Syndication Agent, the Arrangers Collateral Agent or the L/C Issuers Issuer in connection with such capacity. The obligations of the Lenders under this Section 11.04(csubsection (c) are subject to the provisions of Section 2.12(d2.11(b).

Reimbursement by Xxxxxxx. To the extent that any the Borrower for any reason fails to indefeasibly pay any amount required under Section 11.04(asubsection (a) or (b) of this Section 11.04(b) to be paid by it to the Agents Administrative Agent (or any sub-agent thereof), the Syndication Agent, the Arrangers, the L/C Issuers Issuer, the Swing Line Lender or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Agents Administrative Agent (or any such sub-agent), the Syndication Agent, the Arrangers, the L/C Issuers Issuer, the Swing Line Lender or such Related Party, as the case may be, such XxxxxxLender’s Pro Rata Share pro rata share (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought) of such unpaid amount, provided that the unreimbursed expense or indemnified loss, claim, damage, liability or related expense, as the case may be, was incurred by or asserted against the Agents Administrative Agent (or any such sub-agent), the Syndication Agent, the Arrangers or the L/C Issuers Issuer or the Swing Line Lender in their its capacity as such, or against any Related Party of any of the foregoing acting for the Agents Administrative Agent (or any such sub-agent), the Syndication Agent, the Arrangers or the L/C Issuers Issuer or the Swing Line Lender in connection with such capacity. The obligations of the Lenders under this Section 11.04(csubsection (c) are subject to the provisions of Section 2.12(d2.13(d).

Reimbursement by Xxxxxxx. To the extent that any the Borrower for any reason fails to indefeasibly pay any amount required under Section 11.04(asubsection (a) or (b) of this Section 11.04(b) 10.04 to be paid by it to the Agents Administrative Agent (or any sub-agent thereof), the Syndication Agent, the Arrangers, the L/C Issuers Issuer, the Swing Line Lender or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Agents Administrative Agent (or any such sub-agent), the Syndication Agent, the Arrangers, the L/C Issuers Issuer, the Swing Line Lender or such Related Party, as the case may be, such XxxxxxLender’s Pro Rata Share pro rata share (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought) of such unpaid amount, provided that the unreimbursed expense or indemnified loss, claim, damage, liability or related expense, as the case may be, was incurred by or asserted against the Agents Administrative Agent (or any such sub-agent), the Syndication Agent, the Arrangers or the L/C Issuers Issuer or the Swing Line Lender in their its capacity as such, or against any Related Party of any of the foregoing acting for the Agents Administrative Agent (or any such sub-agent), the Syndication Agent, the Arrangers or the L/C Issuers Issuer or the Swing Line Lender in connection with such capacity. The obligations of the Lenders under this Section 11.04(csubsection (c) are subject to the provisions of Section 2.12(d2.13(d).

Reimbursement by Xxxxxxx. To the extent that any Borrower the Company for any reason fails to indefeasibly pay any amount required under Section 11.04(asubsection (a) or (b) of this Section 11.04(b) to be paid by it to the Agents Administrative Agent (or any sub-agent thereof), the Syndication Agent, the Arrangers, the any L/C Issuers Issuer, the Swing Line Lender or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Agents Administrative Agent (or any such sub-agent), the Syndication Agent, the Arrangers, the such L/C Issuers Issuer, the Swing Line Lender or such Related Party, as the case may be, such XxxxxxLender’s Pro Rata Share applicable Percentage (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought) of such unpaid amount, provided that the unreimbursed expense or indemnified loss, claim, damage, liability or related expense, as the case may be, was incurred by or asserted against the Agents Administrative Agent (or any such sub-agent), the Syndication Agent, the Arrangers or the such L/C Issuers Issuer or the Swing Line Lender in their its capacity as such, or against any Related Party of any of the foregoing acting for the Agents Administrative Agent (or any such sub-agent), the Syndication Agent, the Arrangers ) or the such L/C Issuers Issuer or the Swing Line Lender, in connection with such capacity. The obligations of the Lenders under this Section 11.04(csubsection (c) are subject to the provisions of Section 2.12(d2.04(e).

Reimbursement by Xxxxxxx. To the extent that any the Borrower for any reason fails to indefeasibly pay any amount required under Section 11.04(a) or Section 11.04(b(b) to be paid by it to the Agents any Agent (or any sub-agent thereof), the Syndication Agent, the Arrangers, the L/C Issuers Issuer or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Agents such Agent (or any such sub-agent), the Syndication Agent, the Arrangers, the L/C Issuers Issuer or such Related Party, as the case may bebe (but, in each case, without affecting the Borrower’s obligations with respect thereto), such XxxxxxLender’s Pro Rata Share (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought) of such unpaid amount, ; provided that the unreimbursed expense or indemnified loss, claim, damage, liability or related expense, as the case may be, was incurred by or asserted against the Agents such Agent (or any such sub-agent), the Syndication Agent, the Arrangers or the L/C Issuers Issuer in their its capacity as such, or against any Related Party of any of the foregoing acting for the Agents such Agent (or any such sub-agent), the Syndication Agent, the Arrangers ) or the L/C Issuers Issuer in connection with such capacity. The obligations of the Lenders under this Section 11.04(c) are subject to the provisions of Section 2.12(d2.11(d).

Reimbursement by Xxxxxxx. To the extent that any the Borrower for any reason fails to indefeasibly pay any amount required under Section 11.04(aclause (a) or (b) of this Section 11.04(b) to be paid by it to any Arranger, the Agents Administrative Agent (or any sub-agent thereof), the Syndication Agent, the Arrangers, the any L/C Issuers Issuer or any Related Party of any of the foregoing, each Lender severally agrees to pay to such Arranger, the Agents Administrative Agent (or any such sub-agent), the Syndication Agent, the Arrangers, the such L/C Issuers Issuer or such Related Party, as the case may be, such XxxxxxLender’s Pro Rata Share Applicable Percentage (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought) of such unpaid amount, ; provided that the unreimbursed expense or indemnified loss, claim, damage, liability or related expense, as the case may be, was incurred by by, or asserted against against, the Agents Administrative Agent (or any such sub-agent), the Syndication Agent, the Arrangers ) or the any L/C Issuers Issuer in their its capacity as such, or against any Related Party of any of the foregoing acting for the Agents Administrative Agent (or any such sub-agent), the Syndication Agent, the Arrangers ) or the L/C Issuers Issuer in connection with such capacity. The obligations of the Lenders under this Section 11.04(cclause (c) are subject to the provisions of Section 2.12(d).

Reimbursement by Xxxxxxx. To the extent that any Borrower Xxxxxxxxx for any reason fails to indefeasibly pay any amount required under Section 11.04(asubsection (a) or (b) of this Section 11.04(b) to be paid by it to the Agents Administrative Agent (or any sub-agent thereof), the Syndication Agent, the Arrangers, the L/C Issuers Issuer, the Swing Line Lender or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Agents Administrative Agent (or any such sub-agent), the Syndication Agent, the Arrangers, the L/C Issuers Issuer, the Swing Line Lender or such Related Party, as the case may be, such XxxxxxLender’s Pro Rata Share Applicable Percentage (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought) of such unpaid amount, provided that the unreimbursed expense or indemnified loss, claim, damage, liability or related expense, as the case may be, was incurred by or asserted against the Agents Administrative Agent (or any such sub-agent), the Syndication Agent, the Arrangers or the L/C Issuers Issuer or the Swing Line Lender in their its capacity as such, or against any Related Party of any of the foregoing acting for the Agents Administrative Agent (or any such sub-agent), the Syndication Agent, the Arrangers or the L/C Issuers Issuer or the Swing Line Lender in connection with such capacity. The obligations of the Lenders under this Section 11.04(csubsection (c) are subject to the provisions of Section 2.12(d2.13(d).

Reimbursement by Xxxxxxx. To the extent that any the Borrower for any reason fails to indefeasibly pay any amount required under Section 11.04(asubsection (a) or (b) of this Section 11.04(b) to be paid by it to the Agents Administrative Agent (or any sub-agent thereof), the Syndication Agent, the Arrangers, the any L/C Issuers Issuer, any Swingline Lender or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Agents Administrative Agent (or any such sub-agent), the Syndication Agent, the Arrangers, the any L/C Issuers Issuer, any Swingline Lender or such Related Party, as the case may be, such XxxxxxLender’s Pro Rata Share Applicable Percentage (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought) of such unpaid amount, provided that the unreimbursed expense or indemnified loss, claim, damage, liability Liabilities or related expense, as the case may be, was incurred by or asserted against the Agents Administrative Agent (or any such sub-agent), the Syndication Agent, the Arrangers any Swingline Lender or the any L/C Issuers Issuer in their its capacity as such, or against any Related Party of any of the foregoing acting for the Agents Administrative Agent (or any such sub-agent), the Syndication Agent, the Arrangers any Swingline Lender or the any L/C Issuers Issuer in connection with such capacity. The obligations of the Lenders under this Section 11.04(csubsection (c) are subject to the provisions of Section 2.12(d).

Reimbursement by Xxxxxxx. To the extent that any Borrower for any reason fails to indefeasibly pay any amount required under Section 11.04(a) or Section 11.04(b) to be paid to the Agents (or any sub-agent thereof), the Syndication AgentArrangers, the ArrangersSwingline Lender, the L/C Issuers or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Agents (or any such sub-agent), the Syndication Agent, the Arrangers, the L/C Issuers Issuers, the Swingline Lender or such Related Party, as the case may be, such Xxxxxx’s Pro Rata Share (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought) of such unpaid amount, provided that the unreimbursed expense or indemnified loss, claim, damage, liability or related expense, as the case may be, was incurred by or asserted against the Agents (or any such sub-agent), the Syndication AgentArrangers, the Arrangers Swingline Lender or the L/C Issuers in their capacity as such, or against any Related Party of any of the foregoing acting for the Agents (or any such sub-agent), the Syndication AgentArrangers, the Arrangers Swingline Lender or the L/C Issuers in connection with such capacity. The obligations of the Lenders under this Section 11.04(c) are subject to the provisions of Section 2.12(d).