Areas dos
(a) In addition to the payment of expenses pursuant to Area nine.dos and the indemnification offered pursuant to 19(e) and 8.5, whether or not the transactions contemplated hereby shall be consummated, Company agrees to defend (subject to Indemnitees’ selection of counsel), indemnify, pay and hold harmless, each Affected Party and each Lender, their Affiliates and their respective officers, partners, directors, trustees, employees and agents and persons identified in the last sentence of Area dos.4(b) hereof (each, an “Indemnitee”), from and against any and all Indemnified Liabilities, in all cases, whether or not caused by or arising, in whole or in part, out of the comparative, contributory, or sole negligence of such INDEMNITEE excluding any amounts in respect of claims for taxes not otherwise payable by Company under Point 2.16(b)(iii); provided, Company shall not have any obligation to any Indemnitee hereunder with respect to any Indemnified Liabilities to the extent such Indemnified Liabilities arise from the gross negligence, bad faith or willful misconduct, as determined by a court of competent jurisdiction in a final non-appealable order of that Indemnitee. Part 9.step three may be unenforceable in whole or in part because they are violative of any law or public policy, Company shall contribute the maximum portion that it is permitted to pay and satisfy under applicable law to the payment and satisfaction of all Indemnified Liabilities incurred by Indemnitees or any of them. Indemnification of an Affected Party is subject to and not in addition to the indemnification provided pursuant to Section 2.19(e) and 8.5.
(b) To the extent permitted because of the relevant law, Business should not insist, and you may Team hereby waives, any claim against any Influenced Team otherwise Lender and their particular Associates, directors, professionals, attorney otherwise agents, towards the any principle out-of liability, to possess special, indirect, consequential or punitive problems (in lieu of direct or actual damages) (perhaps the claim therefor is based on price, tort otherwise obligations imposed from the one appropriate courtroom specifications) arising out-of, regarding the, right down to, or in in whatever way related to, this Arrangement or people Borrowing File or people agreement or device considered hereby or and so otherwise known herein otherwise therein, the fresh transactions contemplated hereby otherwise and thus, any Loan or the utilization of the proceeds thereof or any act or omission or knowledge taking place in connection therewith, and you can Company Indiana acceptance payday loan hereby waives, launches and you can agrees to not ever adult through to these allege otherwise such injuries, even in the event accumulated and whether or not identified or guessed in order to survive within its favor.
With no written consent of any Bank (except that an effective Defaulting Financial) that would be influenced thereby, no modification, modification, termination, or concur is going to be effective if the impression thereof create:
(a) Called for Lenders’ Agree. Subject to Parts nine.4(b) and nine.4(c), no amendment, modification, termination or waiver of any provision of the Credit Documents, or consent to any departure by Company or Seller therefrom, shall in any event be effective without the written concurrence of Company, Administrative Agent and the Requisite Lenders.
(iii) reduce the rate of interest on any Loan (other than any waiver of any increase in the interest rate applicable to any Loan pursuant to Point 2.8) or any fee payable hereunder;
(vi) (x) amend the definition of “Borrowing Base” or (y) amend, modify, terminate or waive Part dos.12, Area dos.13 or Section 2.14 or any provision of this Point nine.4(b) or Section 9.4(c);
(vii) amend the definition of “Requisite Lenders” “Exposure,” “Pro Rata Share,” “Advance Rate,” “Availability,” or any definition used therein; provided, with the consent of Administrative Agent, Company and the Requisite Lenders, additional extensions of credit pursuant hereto may be included in the determination of “Requisite Lenders” or “Pro Rata Share” on substantially the same basis as the Commitments and the Loans are included on the Closing Date;