Agents Indemnification. 40.1 The Lender indemnifies the Administrative Agent for all losses, and all costs, liability and expenses incurred by the Administrative Agent in respect of or in any way related to or arising out of this Agreement and other related documents or any actions taken or omitted by the Administrative Agent. This may include costs which the Borrower or the Guarantor falls to pay, administration costs, agency fees, enforcement costs, and costs of a dispute between the Administrative Agent and the Lender. However, it does not include losses, costs, liability and expenses resulting from the gross negligence or willful misconduct of the Administrative Agent (as found by a court of competent jurisdiction in a final non-appealable judgment). 40.2 This obligation survives payment of all moneys payment pursuant to this Agreement and termination of this Agreement. 40.3 This section E of this Agreement does not limit the obligations of the Borrower or the Guarantor under this Agreement.
Appears in 1 contract
Sources: Facility Agreement (Imc Global Inc)
Agents Indemnification. 40.1 The Lender indemnifies the Administrative Agent for all losses, and all costs, liability and expenses incurred by the Administrative Agent in respect of or in any way related to or arising out of this Agreement and other related documents or any actions taken or omitted by the Administrative Agent. This may include costs which the Borrower or the Guarantor falls fails to pay, administration costs, agency fees, enforcement costs, and costs of a dispute between the Administrative Agent and the Lender. However, it does not include losses, costs, liability and expenses resulting from the gross negligence or willful misconduct of the Administrative Agent (as found by a court of competent jurisdiction in a final non-appealable judgment).
40.2 This obligation survives payment of all moneys payment pursuant to this Agreement and termination of this Agreement.
40.3 This section E of this Agreement does not limit the obligations of the Borrower or the Guarantor under this Agreement.
Appears in 1 contract
Sources: Facility Agreement (Imc Global Inc)