Swingline Agents. (a) Each Swingline Agent may perform its duties in respect of the relevant Swingline Facility through an Affiliate acting as its agent. (b) Notwithstanding any other term of this Agreement and without limiting the liability of any Obligor under the Finance Documents: (i) each Lender shall (in proportion to its share of the Total Revolving Facility Commitments or, if the Total Revolving Facility Commitments are then zero, to its share of the Total Revolving Facility Commitments immediately prior to their reduction to zero) pay to or indemnify the €/£ Swingline Agent, within three Business Days of demand, for or against any cost, loss or liability (including, without limitation, for negligence or any other category of loss whatsoever) incurred by that €/£ Swingline Agent or its Affiliate (other than by reason of that €/£ Swingline Agent's or its Affiliate's gross negligence or wilful misconduct) or, in the case of any cost, loss or liability pursuant to Clause 32.11 (Disruption to payment systems etc.) notwithstanding that €/£ Swingline Agent’s or its Affiliate’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of that €/£ Swingline Agent or its Affiliate in acting as a €/£ Swingline Agent under the Finance Documents (unless that €/£ Swingline Agent or its Affiliate has been reimbursed by an Obligor pursuant to a Finance Document); (ii) each Revolving Facility B Lender shall (in proportion to its share of the Total Revolving Facility B Commitments or, if the Total Revolving Facility B Commitments are then zero, to its share of the Total Revolving Facility B Commitments immediately prior to their reduction to zero) pay to or indemnify the U.S. Dollar Swingline Agent, within three Business Days of demand, for or against any cost, loss or liability (including, without limitation, for negligence or any other category of loss whatsoever) incurred by that U.S. Dollar Swingline Agent or its Affiliates (other than by reason of that U.S. Dollar Swingline Agent’s or its Affiliate's gross negligence or wilful misconduct) or, in the case of any cost, loss or liability pursuant to Clause 32.11 (Disruption to payment systems etc.) notwithstanding that U.S. Dollar Swingline Agent’s or its Affiliate’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of that U.S. Dollar Swingline Agent or its Affiliate in acting as a U.S. Dollar Swingline Agent under the Finance Documents (unless that U.S. Dollar Swingline Agent or its Affiliate has been reimbursed by an Obligor pursuant to a Finance Document); (iii) the Revolving Facility C Lender shall (in proportion to its share of the Total Revolving Facility C Commitments or, if the Total Revolving Facility C Commitments are then zero, to its share of the Total Revolving Facility C Commitments immediately prior to their reduction to zero) pay to or indemnify the Facility C Swingline Agent, within three Business Days of demand, for or against any cost, loss or liability (including, without limitation, for negligence or any other category of loss whatsoever) incurred by that Facility C Swingline Agent or its Affiliate (other than by reason of that Swingline Agent’s (as applicable) or its respective Affiliate's gross negligence or wilful misconduct) or, in the case of any cost, loss or liability pursuant to Clause 32.11 (Disruption to payment systems etc.) notwithstanding that Facility C Swingline Agent’s or its Affiliate’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of that Facility C Swingline Agent or its Affiliate in acting as a Facility C Swingline Agent under the Finance Documents (unless that Facility C Swingline Agent or its Affiliate has been reimbursed by an Obligor pursuant to a Finance Document); (iv) the Revolving Facility D Lender shall (in proportion to its share of the Total Revolving Facility D Commitments or, if the Total Revolving Facility D Commitments are then zero, to its share of the Total Revolving Facility D Commitments immediately prior to their reduction to zero) pay to or indemnify the Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent within three Business Days of demand, for or against any cost, loss or liability (including, without limitation, for negligence or any other category of loss whatsoever) incurred by the Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent or its Affiliate (other than by reason of the Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent or its respective Affiliate's gross negligence or wilful misconduct) or, in the case of any cost, loss or liability pursuant to Clause 32.11 (Disruption to payment systems etc.) notwithstanding the Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent's or its Affiliate’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent or its Affiliate in acting as a Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent under the Finance Documents (unless the Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent or its Affiliate has been reimbursed by an Obligor pursuant to a Finance Document); (v) each Revolving Facility E Lender shall (in proportion to its share of the Total Revolving Facility E Commitments or, if the Total Revolving Facility E Commitments are then zero, to its share of the Total Revolving Facility E Commitments immediately prior to their reduction to zero) pay to or indemnify the U.S. Dollar Swingline Agent and the Swiss Francs Swingline Agent (as applicable), within three Business Days of demand, for or against any cost, loss or liability (including, without limitation, for negligence or any other category of loss whatsoever) incurred by that U.S. Dollar Swingline Agent and Swiss Francs Swingline Agent (as applicable) or its Affiliate (other than by reason of that U.S. Dollar Swingline Agent and Swiss Francs Swingline Agent’s (as applicable) or its Affiliate's gross negligence or wilful misconduct) or, in the case of any cost, loss or liability pursuant to Clause 32.11 (Disruption to payment systems etc.) notwithstanding that U.S. Dollar Swingline Agent and Swiss Francs Swingline Agent’s (as applicable) or its Affiliate’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of that U.S. Dollar Swingline Agent and Swiss Francs Swingline Agent (as applicable) or its Affiliate in acting as a U.S. Dollar Swingline Agent and Swiss Francs Swingline Agent (as applicable) under the Finance Documents (unless that U.S. Dollar Swingline Agent and Swiss Francs Swingline Agent (as applicable) or its Affiliate has been reimbursed by an Obligor pursuant to a Finance Document); (vi) the Revolving Facility F Lender shall (in proportion to its share of the Total Revolving Facility F Commitments or, if the Total Revolving Facility F Commitments are then zero, to its share of the Total Revolving Facility F Commitments immediately prior to their reduction to zero) pay to or indemnify the Swiss Francs Swingline Agent and the Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable) within three Business Days of demand, for or against any cost, loss or liability (including, without limitation, for negligence or any other category of loss whatsoever) incurred by that Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable) or its Affiliate (other than by reason of that Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent’s (as applicable) or its Affiliate's gross negligence or wilful misconduct) or, in the case of any cost, loss or liability pursuant to Clause 32.11 (Disruption to payment systems etc.) notwithstanding that Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent’s (as applicable) or its Affiliate’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of that Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable) or its Affiliate in acting as the Swiss Francs Swingline Agent and the Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable) under the Finance Documents (unless the Swiss Francs Swingline Agent and the Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable) or its Affiliate has been reimbursed by an Obligor pursuant to a Finance Document); (vii) the Revolving Facility G Lender shall (in proportion to its share of the Total Revolving Facility G Commitments or, if the Total Revolving Facility G Commitments are then zero, to its share of the Total Revolving Facility G Commitments immediately prior to their reduction to zero) pay to or indemnify the U.S. Dollar Swingline Agent, the Swiss Francs Swingline Agent and the Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable), within three Business Days of demand, for or against any cost, loss or liability (including, without limitation, for negligence or any other category of loss whatsoever) incurred by that U.S. Dollar Swingline Agent, Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable) or its Affiliate (other than by reason of that U.S. Dollar Swingline Agent, Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent’s (as applicable) or its respective Affiliate's gross negligence or wilful misconduct) or, in the case of any cost, loss or liability pursuant to Clause 32.11 (Disruption to payment systems etc.) notwithstanding that U.S. Dollar Swingline Agent, Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent’s (as applicable) or its Affiliate’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of that U.S. Dollar Swingline Agent, Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable) or its Affiliate in acting as a U.S. Dollar Swingline Agent, Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable) under the Finance Documents (unless that U.S. Dollar Swingline Agent, Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable) or its Affiliate has been reimbursed by an Obligor pursuant to a Finance Document); (viii) the Revolving Facility H Lender shall (in proportion to its share of the Total Revolving Facility H Commitments or, if the Total Revolving Facility H Commitments are then zero, to its share of the Total Revolving Facility H Commitments immediately prior to their reduction to zero) pay to or indemnify the Swiss Francs Swingline Agent and the Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable), within three Business Days of demand, for or against any cost, loss or liability (including, without limitation, for negligence or any other category of loss whatsoever) incurred by that Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable) or its Affiliate (other than by reason of that Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent’s (as applicable) or its respective Affiliate's gross negligence or wilful misconduct) or, in the case of any cost, loss or liability pursuant to Clause 32.11 (Disruption to payment systems etc.) notwithstanding that Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable) or its Affiliate’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of that Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable) or its Affiliate in acting as a Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable) under the Finance Documents (unless that a Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable) or its Affiliate has been reimbursed by an Obligor pursuant to a Finance Document); and (ix) each Revolving Facility I Lender shall (in proportion to its share of the Total Revolving Facility I Commitments or, if the Total Revolving Facility I Commitments are then zero, to its share of the Total Revolving Facility I Commitments immediately prior to their reduction to zero) pay to or indemnify the U.S. Dollar Swingline Agent, the Swiss Francs Swingline Agent and the Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable), within three Business Days of demand, for or against any cost, loss or liability (including, without limitation, for negligence or any other category of loss whatsoever) incurred by that U.S. Dollar Swingline Agent, Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable) or its Affiliate (other than by reason of that U.S. Dollar Swingline Agent, Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent’s (as applicable) or its respective Affiliate's gross negligence or wilful misconduct) or, in the case of any cost, loss or liability pursuant to Clause 32.11 (Disruption to payment systems etc.) notwithstanding that U.S. Dollar Swingline Agent, Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent’s (as applicable) or its Affiliate’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of that U.S. Dollar Swingline Agent, Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent’s (as applicable) or its Affiliate in acting as a that U.S. Dollar Swingline Agent, Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent’s (as applicable) under the Finance Documents (unless that U.S. Dollar Swingline Agent, Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent’s (as applicable) or its Affiliate has been reimbursed by an Obligor pursuant to a Finance Document).
Appears in 2 contracts
Sources: Amendment and Restatement Agreement (Cboe Global Markets, Inc.), Amendment and Restatement Agreement (Cboe Global Markets, Inc.)
Swingline Agents. (a) Each Swingline Agent may perform its duties in respect of the relevant Swingline Facility through an Affiliate acting as its agent.
(b) Notwithstanding any other term of this Agreement and without limiting the liability of any Obligor under the Finance Documents:
(i) each Lender shall (in proportion to its share of the Total Revolving Facility Commitments or, if the Total Revolving Facility Commitments are then zero, to its share of the Total Revolving Facility Commitments immediately prior to their reduction to zero) pay to or indemnify the €/£ Swingline Agent, within three Business Days of demand, for or against any cost, loss or liability (including, without limitation, for negligence or any other category of loss whatsoever) incurred by that €/£ Swingline Agent or its Affiliate (other than by reason of that €/£ Swingline Agent's ’s or its Affiliate's ’s gross negligence or wilful misconduct) or, in the case of any cost, loss or liability pursuant to Clause 32.11 (Disruption to payment systems etc.) notwithstanding that €/£ Swingline Agent’s or its Affiliate’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of that €/£ Swingline Agent or its Affiliate in acting as a €/£ Swingline Agent under the Finance Documents (unless that €/£ Swingline Agent or its Affiliate has been reimbursed by an Obligor pursuant to a Finance Document);
(ii) each Revolving Facility B Lender shall (in proportion to its share of the Total Revolving Facility B Commitments or, if the Total Revolving Facility B Commitments are then zero, to its share of the Total Revolving Facility B Commitments immediately prior to their reduction to zero) pay to or indemnify the U.S. Dollar Swingline Agent, within three Business Days of demand, for or against any cost, loss or liability (including, without limitation, for negligence or any other category of loss whatsoever) incurred by that U.S. Dollar Swingline Agent or its Affiliates (other than by reason of that U.S. Dollar Swingline Agent’s or its Affiliate's ’s gross negligence or wilful misconduct) or, in the case of any cost, loss or liability pursuant to Clause 32.11 (Disruption to payment systems etc.) notwithstanding that U.S. Dollar Swingline Agent’s or its Affiliate’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of that U.S. Dollar Swingline Agent or its Affiliate in acting as a U.S. Dollar Swingline Agent under the Finance Documents (unless that U.S. Dollar Swingline Agent or its Affiliate has been reimbursed by an Obligor pursuant to a Finance Document);
(iii) the Revolving Facility C Lender shall (in proportion to its share of the Total Revolving Facility C Commitments or, if the Total Revolving Facility C Commitments are then zero, to its share of the Total Revolving Facility C Commitments immediately prior to their reduction to zero) pay to or indemnify the Facility C Swingline Agent, within three Business Days of demand, for or against any cost, loss or liability (including, without limitation, for negligence or any other category of loss whatsoever) incurred by that Facility C Swingline Agent or its Affiliate (other than by reason of that Swingline Agent’s (as applicable) or its respective Affiliate's ’s gross negligence or wilful misconduct) or, in the case of any cost, loss or liability pursuant to Clause 32.11 (Disruption to payment systems etc.) notwithstanding that Facility C Swingline Agent’s or its Affiliate’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of that Facility C Swingline Agent or its Affiliate in acting as a Facility C Swingline Agent under the Finance Documents (unless that Facility C Swingline Agent or its Affiliate has been reimbursed by an Obligor pursuant to a Finance Document);
(iv) the Revolving Facility D Lender shall (in proportion to its share of the Total Revolving Facility D Commitments or, if the Total Revolving Facility D Commitments are then zero, to its share of the Total Revolving Facility D Commitments immediately prior to their reduction to zero) pay to or indemnify the Danish Krone/Norwegian Krone/Swedish Krona Swiss Francs Swingline Agent Agent, within three Business Days of demand, for or against any cost, loss or liability (including, without limitation, for negligence or any other category of loss whatsoever) incurred by the Danish Krone/Norwegian Krone/Swedish Krona that Swiss Francs Swingline Agent or its Affiliate (other than by reason of the Danish Krone/Norwegian Krone/Swedish Krona that Swiss Francs Swingline Agent Agent’s or its respective Affiliate's ’s gross negligence or wilful misconduct) or, in the case of any cost, loss or liability pursuant to Clause 32.11 (Disruption to payment systems etc.) notwithstanding the Danish Krone/Norwegian Krone/Swedish Krona that Swiss Francs Swingline Agent's ’s or its Affiliate’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Danish Krone/Norwegian Krone/Swedish Krona that Swiss Francs Swingline Agent or its Affiliate in acting as a Danish Krone/Norwegian Krone/Swedish Krona Swiss Francs Swingline Agent under the Finance Documents (unless the Danish Krone/Norwegian Krone/Swedish Krona that Swiss Francs Swingline Agent or its Affiliate has been reimbursed by an Obligor pursuant to a Finance Document);
(v) each Revolving Facility E Lender shall (in proportion to its share of the Total Revolving Facility E Commitments or, if the Total Revolving Facility E Commitments are then zero, to its share of the Total Revolving Facility E Commitments immediately prior to their reduction to zero) pay to or indemnify the U.S. Dollar Swingline Agent and the Swiss Francs Swingline Agent (as applicable), within three Business Days of demand, for or against any cost, loss or liability (including, without limitation, for negligence or any other category of loss whatsoever) incurred by that U.S. Dollar Swingline Agent and Swiss Francs Swingline Agent (as applicable) or its Affiliate (other than by reason of that U.S. Dollar Swingline Agent and Swiss Francs Swingline Agent’s (as applicable) or its Affiliate's ’s gross negligence or wilful misconduct) or, in the case of any cost, loss or liability pursuant to Clause 32.11 (Disruption to payment systems etc.) notwithstanding that U.S. Dollar Swingline Agent and Swiss Francs Swingline Agent’s (as applicable) or its Affiliate’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of that U.S. Dollar Swingline Agent and Swiss Francs Swingline Agent (as applicable) or its Affiliate in acting as a U.S. Dollar Swingline Agent and Swiss Francs Swingline Agent (as applicable) under the Finance Documents (unless that U.S. Dollar Swingline Agent and Swiss Francs Swingline Agent (as applicable) or its Affiliate has been reimbursed by an Obligor pursuant to a Finance Document);
(vi) the Revolving Facility F Lender shall (in proportion to its share of the Total Revolving Facility F Commitments or, if the Total Revolving Facility F Commitments are then zero, to its share of the Total Revolving Facility F Commitments immediately prior to their reduction to zero) pay to or indemnify the Swiss Francs Swingline Agent and the Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable) within three Business Days of demand, for or against any cost, loss or liability (including, without limitation, for negligence or any other category of loss whatsoever) incurred by that Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable) or its Affiliate (other than by reason of that Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent’s (as applicable) or its Affiliate's ’s gross negligence or wilful misconduct) or, in the case of any cost, loss or liability pursuant to Clause 32.11 (Disruption to payment systems etc.) notwithstanding that Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent’s (as applicable) or its Affiliate’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of that Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable) or its Affiliate in acting as the Swiss Francs Swingline Agent and the Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable) under the Finance Documents (unless the Swiss Francs Swingline Agent and the Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable) or its Affiliate has been reimbursed by an Obligor pursuant to a Finance Document);
(vii) the Revolving Facility G Lender shall (in proportion to its share of the Total Revolving Facility G Commitments or, if the Total Revolving Facility G Commitments are then zero, to its share of the Total Revolving Facility G Commitments immediately prior to their reduction to zero) pay to or indemnify the U.S. Dollar Swingline Agent, the Swiss Francs Swingline Agent and the Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable), within three Business Days of demand, for or against any cost, loss or liability (including, without limitation, for negligence or any other category of loss whatsoever) incurred by that U.S. Dollar Swingline Agent, Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable) or its Affiliate (other than by reason of that U.S. Dollar Swingline Agent, Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent’s (as applicable) or its respective Affiliate's ’s gross negligence or wilful misconduct) or, in the case of any cost, loss or liability pursuant to Clause 32.11 (Disruption to payment systems etc.) notwithstanding that U.S. Dollar Swingline Agent, Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent’s (as applicable) or its Affiliate’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of that U.S. Dollar Swingline Agent, Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable) or its Affiliate in acting as a U.S. Dollar Swingline Agent, Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable) under the Finance Documents (unless that U.S. Dollar Swingline Agent, Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable) or its Affiliate has been reimbursed by an Obligor pursuant to a Finance Document);
(viii) the Revolving Facility H Lender shall (in proportion to its share of the Total Revolving Facility H G Commitments or, if the Total Revolving Facility H Commitments are then zero, to its share of the Total Revolving Facility H Commitments immediately prior to their reduction to zero) pay to or indemnify the Swiss Francs Swingline Agent, the Facility C Swingline Agent and the Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent within three Business Days of demand, for or against any cost, loss or liability (including, without limitation, for negligence or any other category of loss whatsoever) incurred by that Swiss Francs Swingline Agent, Facility C Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable) or its Affiliate (other than by reason of that Swiss Francs Facility Agent, Facility C Swingline Agent’s and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable) or its respective Affiliate’s gross negligence or wilful misconduct) or, in the case of any cost, loss or liability pursuant to Clause 32.11 (Disruption to payment systems etc.) notwithstanding that Swiss Francs Swingline Agent, Facility C Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent’s (as applicable) or its Affiliate’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of that Swiss Francs Swingline Agent, Facility C Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable) or its Affiliate in acting as a Swiss Francs Facility Agent, Facility C Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable) under the Finance Documents (unless that Swiss Francs Swingline Agent, Facility C Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable) or its Affiliate has been reimbursed by an Obligor pursuant to a Finance Document);
(ix) the Revolving Facility I Lender shall (in proportion to its share of the Total Revolving Facility G Commitments or, if the Total Revolving Facility I Commitments are then zero, to its share of the Total Revolving Facility I Commitments immediately prior to their reduction to zero) pay to or indemnify the Swiss Francs Swingline Agent and the Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable), within three Business Days of demand, for or against any cost, loss or liability (including, without limitation, for negligence or any other category of loss whatsoever) incurred by that Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable) or its Affiliate (other than by reason of that Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent’s (as applicable) or its respective Affiliate's ’s gross negligence or wilful misconduct) or, in the case of any cost, loss or liability pursuant to Clause 32.11 (Disruption to payment systems etc.) notwithstanding that Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable) or its Affiliate’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of that Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable) or its Affiliate in acting as a Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable) under the Finance Documents (unless that a Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable) or its Affiliate has been reimbursed by an Obligor pursuant to a Finance Document); and
(ixx) each Revolving Facility I J Lender shall (in proportion to its share of the Total Revolving Facility I J Commitments or, if the Total Revolving Facility I J Commitments are then zero, to its share of the Total Revolving Facility I J Commitments immediately prior to their reduction to zero) pay to or indemnify the U.S. Dollar Swingline Agent, the Swiss Francs Swingline Agent and the Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable), within three Business Days of demand, for or against any cost, loss or liability (including, without limitation, for negligence or any other category of loss whatsoever) incurred by that U.S. Dollar Swingline Agent, Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent (as applicable) or its Affiliate (other than by reason of that U.S. Dollar Swingline Agent, Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent’s (as applicable) or its respective Affiliate's ’s gross negligence or wilful misconduct) or, in the case of any cost, loss or liability pursuant to Clause 32.11 (Disruption to payment systems etc.) notwithstanding that U.S. Dollar Swingline Agent, Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent’s (as applicable) or its Affiliate’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of that U.S. Dollar Swingline Agent, Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent’s (as applicable) or its Affiliate in acting as a that U.S. Dollar Swingline Agent, Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent’s (as applicable) under the Finance Documents (unless that U.S. Dollar Swingline Agent, Swiss Francs Swingline Agent and Danish Krone/Norwegian Krone/Swedish Krona Swingline Agent’s (as applicable) or its Affiliate has been reimbursed by an Obligor pursuant to a Finance Document).Affil
Appears in 1 contract
Sources: Amendment and Restatement Agreement (Cboe Global Markets, Inc.)