Common use of Requirements For Issuance of Letters of Credit Clause in Contracts

Requirements For Issuance of Letters of Credit. (a) In connection with the issuance of any Letter of Credit, Borrower shall indemnify, save and hold Agent and each Lender harmless from any loss, cost, expense or liability, including, without limitation, payments made by Agent and any Lender, and expenses and reasonable attorneys' fees incurred by Agent or any Lender arising out of, or in connection with, any Letter of Credit to be issued or created for Borrower. Borrower shall be bound by Agent's or any issuing or accepting bank's regulations and good faith interpretations of any Letter of Credit issued or created for its account, although this interpretation may be different from its own; and, neither Agent nor any Lender, the bank which opened the Letter of Credit, nor any of its correspondents shall be liable for any error, negligence, or mistakes, whether of omission or commission, in following Borrower's instructions or those contained in any Letter of Credit or of any modifications, amendments or supplements thereto or in issuing or paying any Letter of Credit, except for Agent's or such Lender's or such correspondents' own willful misconduct.

Appears in 3 contracts

Samples: Security Agreement (Delta Woodside Industries Inc /Sc/), And Security Agreement (Delta Mills Inc), Security Agreement (Delta Mills Inc)

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Requirements For Issuance of Letters of Credit. (a) In connection with the issuance of any Letter of Credit, Borrower Borrowers shall indemnify, save and hold Agent and each Lender Lenders harmless from any loss, cost, expense or liability, including, without limitation, payments made by Agent and any Lenderor Lenders, and expenses and reasonable attorneys' fees incurred by Agent or any Lender and Lenders arising out of, or in connection with, any Letter of Credit to be issued or created for any Borrower. Borrower Borrowers shall be bound by Agent's or any issuing or accepting bankand each Lender's regulations and good faith interpretations of any Letter of Credit issued or created for its account, although this interpretation may be different from its own; , and, neither Agent nor any LenderAgent, the bank which opened the Letter of CreditLenders, nor any of its their correspondents shall be liable for any error, negligence, or mistakes, whether of omission or commission, in following Borrowing Agent's or any Borrower's instructions or those contained in any Letter of Credit or of any modifications, amendments or supplements thereto or in issuing or paying any Letter of Credit, except for Agent's or such 's, any Lender's or such correspondents' own willful misconduct.

Appears in 2 contracts

Samples: Revolving Credit and Security Agreement (E Com Ventures Inc), Revolving Credit and Security Agreement (E Com Ventures Inc)

Requirements For Issuance of Letters of Credit. (a) In connection with the issuance of any Letter of Credit, Borrower Borrowers shall indemnify, save and hold Agent Lender and each Lender Issuer harmless from any loss, cost, expense or liability, including, without limitation, payments made by Agent and Lender or any Lender, Issuer and expenses and reasonable attorneys' fees incurred by Agent Lender or any Lender Issuer arising out of, or in connection with, any Letter of Credit to be issued or created for any Borrower. Borrower Borrowers shall be bound by AgentLender's or any issuing or accepting bankand Issuer's regulations and good faith interpretations of any Letter of Credit issued or created for its accountBorrowers' Account, although this interpretation may be different from its Borrowers' own; and, neither Agent Lender nor any Lender, the bank which opened the Letter of Credit, Issuer nor any of its their respective correspondents shall be liable for any error, negligence, or mistakes, whether of omission or commission, in following any Borrower's instructions or those contained in any Letter of Credit or of any modifications, amendments or supplements thereto or in issuing or paying any Letter of Credit, except for Agent's or such Lender's, any Issuer's or such correspondents' own willful misconductmisconduct or gross negligence.

Appears in 2 contracts

Samples: Credit and Security Agreement (Omni Energy Services Corp), Credit and Security Agreement (Omni Energy Services Corp)

Requirements For Issuance of Letters of Credit. (a) In connection with the issuance of any Letter of Credit, Credit Borrower shall indemnify, save and hold Agent and each Lender harmless from any loss, cost, expense expense, or liability, including, without limitation, payments made by Agent and any Lender, and expenses and reasonable attorneys' fees incurred by Agent or any Lender arising out of, or in connection with, any Letter of Credit to be issued or created for Borrower. Borrower shall be bound by Agent's or any issuing or accepting bank's regulations and good faith interpretations of any Letter of Credit issued or created for its accountBorrower's Account, although this interpretation may be different from its Borrower's own; and, and neither Agent nor any Lender, nor the bank which opened the Letter of Credit, nor any of its correspondents shall be liable for any error, negligence, or mistakes, whether of omission or commission, in following Borrower's instructions or those contained in any Letter of Credit or of any modifications, amendments or supplements thereto or in issuing or paying any Letter of Credit, except for Agent's or such any Lender's or such correspondents' own willful misconduct.

Appears in 2 contracts

Samples: Management and Security Agreement (TMP Worldwide Inc), Management and Security Agreement (TMP Worldwide Inc)

Requirements For Issuance of Letters of Credit. (a) In connection with the issuance of any Letter of Credit, Borrower Borrowers shall indemnify, save and hold Agent Lender and each Lender Issuer harmless from any loss, cost, expense or liability, including, without limitation, payments made by Agent and Lender or any Lender, Issuer and expenses and reasonable attorneys' fees incurred by Agent Lender or any Lender Issuer arising out of, or in connection with, any Letter of Credit to be issued or created for any Borrower. Borrower Borrowers shall be bound by Agent's or any issuing or accepting bank's Lender’s and Issuer’s regulations and good faith interpretations of any Letter of Credit issued or created for its accountBorrowers’ Account, although this interpretation may be different from its Borrowers’ own; and, neither Agent Lender nor any Lender, the bank which opened the Letter of Credit, Issuer nor any of its their respective correspondents shall be liable for any error, negligence, or mistakes, whether of omission or commission, in following any Borrower's ’s instructions or those contained in any Letter of Credit or of any modifications, amendments or supplements thereto or in issuing or paying any Letter of Credit, except for Agent's or such Lender's ’s, any Issuer’s or such correspondents' own willful misconductmisconduct or gross negligence.

Appears in 1 contract

Samples: Credit and Security Agreement (Memry Corp)

Requirements For Issuance of Letters of Credit. (a) In connection with the issuance or creation of any Letter of Credit, Credit Borrower shall indemnify, save and hold Agent and each Lender harmless from any loss, cost, expense or liability, including, without limitation, payments made by Agent and any Lender, and expenses and reasonable attorneys' fees incurred by Agent or any Lender arising out of, or in connection with, any Letter of Credit to be issued or any acceptances created for Borrower. Borrower shall be bound by AgentLender's or any issuing or accepting bank's regulations and good faith interpretations of any Letter of Credit issued or acceptance created for its Borrower's account, although this interpretation may be different from its Borrower's own; and, neither Agent nor any Lender, the bank which opened the Letter of Credit, nor any of its correspondents shall be liable for any error, negligence, or mistakes, whether of by omission or commission, in following Borrower's instructions or those contained in any Letter of Credit or of any modifications, amendments or supplements thereto or in issuing creating or paying any Letter of CreditCredit or acceptance, except for Agent's or such Lender's or such correspondents' own gross negligence or willful misconduct.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Advanced Lighting Technologies Inc)

Requirements For Issuance of Letters of Credit. (a) In connection with the issuance of any Letter of Credit, Credit Borrower shall indemnify, save and hold Agent and each Lender harmless from any loss, cost, expense or liability, including, without limitation, payments made by Agent and any Lender, and expenses and reasonable attorneys' fees incurred by Agent or any Lender arising out of, or in connection with, any Letter of Credit to be issued or created for Borrower. Borrower shall be bound by Agent's or any issuing or accepting bank's regulations and good faith interpretations of any Letter of Credit issued or created for its accountBorrower's Account, although this interpretation may be different from its Borrower's own; and, neither Agent nor any Lender, the bank which opened the Letter of Credit, nor any of its correspondents shall be liable for any error, negligence, or mistakes, whether of omission or commission, in following Borrower's instructions or those contained in any Letter of Credit or of any modifications, amendments or supplements thereto or in issuing or paying any Letter of Credit, Credit except for Agent's or such any Lender's or such correspondents' own gross negligence or willful misconduct.

Appears in 1 contract

Samples: Security Agreement (Danskin Inc)

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Requirements For Issuance of Letters of Credit. (a) a In connection with the issuance of any Letter of Credit, Borrower shall indemnify, save and hold Agent and each Lender harmless from any loss, cost, expense or liability, including, without limitation, payments made by Agent and any Lender, and expenses and reasonable attorneys' fees incurred by Agent or any Lender arising out of, or in connection with, any Letter of Credit to be issued or created for Borrower. Borrower shall be bound by Agent's or any issuing or accepting bank's regulations and good faith interpretations of any Letter of Credit issued or created for its account, although this interpretation may be different from its own; and, neither Agent nor any Lender, the bank which opened the Letter of Credit, nor any of its correspondents shall be liable for any error, negligence, or mistakes, whether of omission or commission, in following Borrower's instructions or those contained in any Letter of Credit or of any modifications, amendments or supplements thereto or in issuing or paying any Letter of Credit, except for Agent's or such Lender's or such correspondents' own willful misconduct.

Appears in 1 contract

Samples: Security Agreement (Signal Apparel Company Inc)

Requirements For Issuance of Letters of Credit. (a) In connection with the issuance of any Letter of Credit, Credit Borrower shall indemnify, save and hold Agent and each Lender harmless from any loss, reasonable cost, reasonable expense or liability, including, without limitation, payments made by Agent and any Lender, and reasonable expenses and reasonable attorneys' fees incurred by Agent or any Lender arising out of, or in connection with, any Letter of Credit to be issued or created for Borrower. Borrower shall be bound by AgentLender's or any issuing or accepting bank's regulations and good faith interpretations of any Letter of Credit issued or created for its accountBorrower's Account, although this interpretation may be different from its Borrower's own; and, neither Agent nor any Lender, the bank which opened the Letter of Credit, nor any of its correspondents shall be liable for any error, negligence, or mistakes, whether of omission or commission, in following Borrower's instructions or those contained in any Letter of Credit or of any modifications, amendments or supplements thereto or in issuing or paying any Letter of Credit, except for Agent's or such Lender's or such correspondents' own willful misconductmisconduct or gross (not mere) negligence.

Appears in 1 contract

Samples: Security Agreement (Meridian Sports Inc)

Requirements For Issuance of Letters of Credit. (a) In connection with the issuance of any Letter of Credit, Borrower each of the Borrowers shall indemnify, save and hold Agent and each Lender harmless from any loss, cost, expense or liability, including, without limitation, payments made by Agent and any Lender, and expenses and reasonable attorneys' fees incurred by Agent or any Lender arising out of, or in connection with, any Letter of Credit to be issued or created for any Borrower. Borrower Each of the Borrowers shall be bound by AgentLender's or any issuing or accepting bank's regulations and good faith interpretations of any Letter of Credit issued or created for its account, although this interpretation may be different from its own; , and, neither Agent nor any Lender, the bank which opened the Letter of Credit, nor any of its correspondents shall be liable for any error, negligence, or mistakes, whether of omission or commission, in following BorrowerBorrowing Agent's instructions or those contained in any Letter of Credit or of any modifications, amendments or supplements thereto or in issuing or paying any Letter of Credit, except for Agent's or such Lender's gross negligence or willful misconduct or such correspondents' own willful misconduct.

Appears in 1 contract

Samples: Security Agreement (E Com Ventures Inc)

Requirements For Issuance of Letters of Credit. (a) In connection with the issuance of any Letter of Credit, Borrower shall indemnify, save and hold Agent Agent, each Lender and each Lender Issuer harmless from any loss, cost, expense or liability, including, without limitation, payments made by Agent and Agent, any Lender, Lender or any Issuer and expenses and reasonable attorneys' fees incurred by Agent or Agent, any Lender or Issuer arising out of, or in connection with, any Letter of Credit to be issued or created for Borrower. Borrower shall be bound by Agent's or any issuing or accepting bankIssuer's regulations and good faith interpretations of any Letter of Credit issued or created for its accountBorrower's Account, although this interpretation may be different from its own; and, neither Agent Agent, nor any Lender, the bank which opened the Letter of Credit, nor any Issuer nor any of its their correspondents shall be liable for any error, negligence, or mistakes, whether of omission or commission, in following Borrower's instructions or those contained in any Letter of Credit or of any modifications, amendments or supplements thereto or in issuing or paying any Letter of Credit, except for Agent's or such 's, any Lender's, any Issuer's or such correspondents' own gross negligence or willful misconduct.

Appears in 1 contract

Samples: Credit and Security Agreement (Badger Paper Mills Inc)

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