Common use of Swingline Facility Clause in Contracts

Swingline Facility. (a) Each Swingline Facility Agent may perform its duties in respect of its respective Swingline Facility (as applicable) through an Affiliate. (b) 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 relevant Swingline Facility Agent for its Pro Rata Share of any liability or loss incurred by that Swingline Facility Agent or its Affiliate which relates solely to it acting as the Swingline Facility Agent under the relevant Swingline Facility, except to the extent that the liability or loss is caused by the Affiliate’s or the relevant Swingline Facility Agent’s gross negligence or wilful misconduct.