Obligation to Reimburse. (1) The Indemnitor shall reimburse to the Indemnitee the amount of any Losses, as of the later of (i) date that the Indemnitee incurs any such Losses and (ii) the date of demand by the Indemnitee, together with interest thereon from that date until payment in full, at the rate per annum equal to the prime lending rate of the Royal Bank of Canada from time to time plus 5%, that payment being made without prejudice to the Indemnitor’s right to contest the basis of the Indemnitee’s Claim for indemnification.
Obligation to Reimburse. A Party providing indemnification under this Agreement (the “Indemnifying Party”) will be obligated to reimburse to a Party being indemnified under this Agreement (the “Indemnified Party”) the amount of any Losses suffered or incurred by the Indemnified Party, as of the date that the Indemnified Party incurs any such Losses, that payment being made without prejudice to the Indemnifying Party’s right to contest the basis of the Indemnified Party’s Claim for indemnification.
Obligation to Reimburse. The amount of any Damages suffered or incurred by a party being indemnified hereunder (the "INDEMNIFIED PARTY") shall accrue interest at a rate per annum equal to the Prime Rate, plus two percent from the date it is determined that the Indemnified Party incurs any such Damages until payment in full by the Party providing for indemnification hereunder (the "INDEMNIFYING PARTY").
Obligation to Reimburse. The Company shall reimburse each Holder (and its Control Persons) and each underwriter (and its Control Persons) for any legal and any other expenses reasonably incurred by them in connection with investigating or defending any Claims referred to in subsection 9.1.1.
Obligation to Reimburse. Each Borrower agrees to reimburse each Issuing Lender all amounts required to pay all drafts presented under Letters of Credit in accordance with the provisions of Section 2.9 of the Credit Agreement.
Obligation to Reimburse. The L/C Issuer will promptly notify, by telephone, Borrower or Agent who shall promptly notify, by telephone, Borrower, of any draft drawn pursuant to a Letter of Credit and presented for payment and of the date the L/C Issuer intends to pay such draft; if that is the case. The L/C Issuer will provide the Lenders with a monthly report for the immediately preceding month describing each draft drawn pursuant to a Letter of Credit and presented for payment during such period and the dates on which the L/C Issuer has paid such drafts. With respect to any draft paid pursuant to a Letter of Credit, Borrower agrees to pay to the L/C Issuer the amount of such payment by depositing with the L/C Issuer immediately available funds in the amount of such draft (x) on the date of payment if Borrower is notified of such payment by Agent prior to 1:00 p.m. (New York City time) on the date of payment or (y) prior to 10:00 a.m. (New York City time) on the Business Day following the date of payment, if the Borrower is notified of such payment by Agent after 1:00 p.m. (New York City time) on the date of payment. The failure to so deposit shall not be a Default hereunder to the extent that Excess Availability at such time exceeds such amount paid but shall be deemed a request for Dollar Denominated Revolving Loans in accordance with Section 2.15 hereof and subject to the conditions in Section 3.23 hereof in an aggregate amount equal to the lesser of the amount paid or such Excess Availability and if such Dollar Denominated Revolving Loan is made it shall be deemed to be an Advance hereunder. If such Dollar Denominated Revolving Loans are not able to be advanced to Borrower as a result of the failure to satisfy the conditions to borrowing in Section 3.23 hereof or the failure of a Lender to fund its pro rata portion of an Advance, or such amount exceeds Excess Availability, Borrower shall immediately pay the excess amount of the draft to the L/C Issuer, together with interest at a per annum rate equal to Applicable L/C Margin for the period from the date of payment of such draft until payment is made by Borrower to the L/C Issuer.
Obligation to Reimburse. Chase will promptly notify by telephone the Borrower of any draft drawn pursuant to a Letter of Credit and presented for payment and of the date Chase intends to pay such draft; if that is the case. With respect to any draft paid pursuant to a Letter of Credit, the Borrower hereby agrees to pay to the Administrative Agent the amount of such payment on the date of payment by depositing with the Administrative Agent prior to 10:00 a.m. (New York time) immediately available funds in the amount of such draft. The failure to so deposit shall be deemed a request for Advances in an aggregate amount equal to the amount paid.
Obligation to Reimburse. HSBC Bank will notify the Company by telephone promptly upon the occurrence of the presentation for payment of any draft drawn pursuant to a Letter of Credit and of the date HSBC Bank intends to pay such draft ("Payment Date") if that is the case, and will endeavor to give such notification two (2) days prior to the Payment Date. With respect to any draft paid pursuant to a Letter of Credit, the Company hereby agrees to pay to HSBC Bank the amount of such draft on the date of payment by depositing with HSBC Bank prior to 10:00 a.m. (Buffalo, New York time) immediately available funds in the amount of such draft. The failure of the Company to so deposit shall be deemed a request for a Line Loan in an aggregate amount equal to the amount paid.
Obligation to Reimburse. The party providing indemnification hereunder (the "Indemnifying Party") shall reimburse, within five (5) Business Days of demand thereof, to the Person being indemnified hereunder (the "Indemnified Party"), the amount of Damages suffered or incurred by the Indemnified Party.
Obligation to Reimburse. The Borrower agrees to reimburse each Fund Guarantor for any and all amounts paid by such Fund Guarantors under or pursuant to the Guaranty (including without limitation any amounts paid from a cash collateral account established by such Fund Guarantor pursuant to the Guaranty) (the "Guarantee Amounts"), on demand, which demand may be made prior to, on or after the date of any such payments, to the account of each such Fund Guarantor set forth on Annex 1 hereto or such account as each such Fund Guarantor may designate in writing from time to time. If such demand is made after 11:00 a.m. (Central time), such payment shall be due on the next succeeding Business Day. If any Fund Guarantor makes a demand prior to the date of any such payment, reimbursement from the Borrower will be due on the date of any such payment.
