Swingline Facility. Notwithstanding any other term of this Agreement and without limiting the liability of any Obligor under the Finance Documents, each Swingline Lender must indemnify the Swingline Agent for its Pro Rata Share of any liability or loss incurred by the Swingline Agent which relates solely to it acting as the Swingline Agent under the Swingline Facility, except to the extent that the liability or loss is caused by Swingline Agent’s gross negligence or wilful misconduct.
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Sources: Credit Facility Agreement (Merck Kgaa /Fi), Credit Facility Agreement (E. Merck oHG)
Swingline Facility. Notwithstanding any other term of this Agreement and without limiting the liability of any Obligor under the Finance Documents, each Swingline Lender must indemnify the Swingline Agent for its Pro Rata Share of any liability or loss incurred by the Swingline Agent or its Affiliate which relates solely to it acting as the Swingline Agent under the Swingline Facility, except to the extent that the liability or loss is caused by the Affiliate’s or the Swingline Agent’s gross negligence or wilful misconduct.
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