Common use of Responsibility of Issuing Lenders Clause in Contracts

Responsibility of Issuing Lenders. It is expressly understood and agreed that the obligations of the Issuing Lenders hereunder to the Revolving Lenders are only those expressly set forth in this Agreement and that the Issuing Lender shall be entitled to assume that the conditions precedent set forth in Section 4.02 have been satisfied unless it shall have acquired actual knowledge that any such condition precedent has not been satisfied; provided, however, that nothing set forth in this Section 2.06 shall be deemed to prejudice the right of any Revolving Lender to recover from the Issuing Lender any amounts made available by such Revolving Lender to the Issuing Lender pursuant to this Section 2.06 in the event that it is determined by a court of competent jurisdiction that the payment with respect to a Letter of Credit constituted gross negligence or willful misconduct on the part of the Issuing Lender.

Appears in 2 contracts

Samples: Credit Agreement (Carpenter Technology Corp), Five Year Revolving Credit Agreement (Carpenter Technology Corp)

AutoNDA by SimpleDocs

Responsibility of Issuing Lenders. It is expressly understood and agreed that the obligations of the Issuing Lenders hereunder to the Revolving Lenders are only those expressly set forth in this Credit Agreement and that the Issuing Lender Lenders shall be entitled to assume that the conditions precedent set forth in Section 4.02 5.03 have been satisfied unless it shall have acquired actual knowledge or received written notice from the applicable Borrower, the Administrative Agent or any Lender that any such condition precedent has not been satisfied; provided, however, that nothing set forth in this Section 2.06 2.04 shall be deemed to prejudice the right of any Revolving Lender to recover from the any Issuing Lender any amounts made available by such Revolving Lender to the such Issuing Lender pursuant to this Section 2.06 2.04 in the event that it is determined by a court of competent jurisdiction that the payment with respect to a Letter of Credit constituted gross negligence or willful misconduct on the part of the such Issuing Lender.

Appears in 2 contracts

Samples: Long Term Credit Agreement (Whirlpool Corp /De/), Assignment Agreement (Whirlpool Corp /De/)

Responsibility of Issuing Lenders. It is expressly understood and agreed that the obligations of the Issuing Lenders hereunder to the Revolving Lenders are only those expressly set forth in this Credit Agreement and that the Issuing Lender Lenders shall be entitled to assume that the conditions precedent set forth in Section 4.02 5.03 have been satisfied unless it shall have acquired actual knowledge or received written notice from the Borrower, the Administrative Agent or any Lender that any such condition precedent has not been satisfied; provided, however, that nothing set forth in this Section 2.06 2.04 shall be deemed to prejudice the right of any Revolving Lender to recover from the any Issuing Lender any amounts made available by such Revolving Lender to the such Issuing Lender pursuant to this Section 2.06 2.04 in the event that it is determined by a court of competent jurisdiction that the payment with respect to a Letter of Credit constituted gross negligence or willful misconduct on the part of the such Issuing Lender.

Appears in 2 contracts

Samples: Assignment Agreement (Whirlpool Corp /De/), Assignment Agreement (Whirlpool Corp /De/)

Responsibility of Issuing Lenders. It is expressly understood and agreed that the obligations of the Issuing Lenders hereunder to the Revolving Lenders are only those expressly set forth in this Agreement and that the Issuing Lender shall be entitled to assume that the conditions precedent set forth in Section SECTION 4.02 have been satisfied unless it shall have acquired actual knowledge that any such condition precedent has not been satisfied; providedPROVIDED, howeverHOWEVER, that nothing set forth in this Section SECTION 2.06 shall be deemed to prejudice the right of any Revolving Lender to recover from the Issuing Lender any amounts made available by such Revolving Lender to the Issuing Lender pursuant to this Section SECTION 2.06 in the event that it is determined by a court of competent jurisdiction that the payment with respect to a Letter of Credit constituted gross negligence or willful misconduct on the part of the Issuing Lender.

Appears in 1 contract

Samples: Worthington Industries Inc

AutoNDA by SimpleDocs

Responsibility of Issuing Lenders. It is expressly understood and agreed that the obligations of the Issuing Lenders hereunder to the Revolving Lenders are only those expressly set forth in this Credit Agreement and that the Issuing Lender Lenders shall be entitled to assume that the conditions precedent set forth in Section 4.02 5.03 have been satisfied unless it shall have acquired actual knowledge or received written notice from the applicable Borrower, the Administrative Agent or any Lender that any such condition precedent has not been satisfied; provided, however, that nothing set forth in this Section 2.06 2.04 shall be deemed to prejudice the right of any Revolving Lender to recover from the any Issuing Lender any amounts made available by such Revolving Lender to the such Issuing Lender pursuant to this Section 2.06 2.04 in the event that it is determined by a court of competent jurisdiction by final and nonappealable judgment that the payment with respect to a Letter of Credit constituted gross negligence or willful misconduct on the part of the such Issuing Lender.

Appears in 1 contract

Samples: Long Term Credit Agreement (Whirlpool Corp /De/)

Time is Money Join Law Insider Premium to draft better contracts faster.