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This excerpt taken from the CVS 8-K filed Mar 23, 2007. multiplied by (i)
at any time when no Loans are outstanding,
its Commitment Percentage, or if no Commitments then exist, its Commitment
Percentage on the last day on which Commitments did exist, and (ii) at any
time
when Loans are outstanding (x) if the Commitments then exist, its Commitment
Percentage or (y) if the Commitments have been terminated or otherwise no longer
exist, the percentage equal to the fraction, (A) the numerator of which is
the
sum of such Lender’s Credit Exposure and (B) the denominator of which is the sum
of the Aggregate Credit Exposure (in each case determined as of the time that
the applicable unreimbursed expense or indemnity payment is sought),
provided
that the unreimbursed expense or indemnified
loss, claim, damage, liability or related expense, as applicable, was incurred
by or asserted against the Administrative Agent in its capacity as
such.
(c) The obligations
of the Borrower and the
Lenders under this Section 11.10 shall survive the termination of the
Commitments and the payment of the Loans and the Notes and all other amounts
payable under the Loan Documents.
(d) To the extent
permitted by applicable law,
the Borrower shall not assert, and hereby waives, any claim against any
Indemnified Person, on any theory of liability, for special, indirect,
consequential or punitive damages (as opposed to direct and actual damages)
66 arising out of,
in
connection with, or as a result of, any Loan Document or any agreement,
instrument or other document contemplated thereby, the transactions contemplated
hereby or any Loan or any Letter of Credit or the use of the proceeds
thereof.
11.11 |
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