ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 of the Loan Agreement.
Appears in 23 contracts
Samples: Mortgage and Security Agreement (Glimcher Realty Trust), Trust and Security Agreement (Behringer Harvard Reit I Inc), Trust and Security Agreement (Glimcher Realty Trust)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's ’s sole discretion) that Lender the Indemnified Parties may incur, directly or indirectly, as a result of a default under Sections 4.1.9 Section 4.9 or 5.2.12 Section 5.18 of the Loan this Agreement.
Appears in 20 contracts
Samples: Loan Agreement (Griffin Capital Essential Asset REIT II, Inc.), Senior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's ’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 Section 4.9 or 5.2.12 Section 5.18 of the Loan this Agreement.
Appears in 17 contracts
Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Acadia Realty Trust), Loan Agreement (Consolidated Tomoka Land Co)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's ’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 3.7 or 5.2.12 4.19 of the Loan this Agreement.
Appears in 15 contracts
Samples: Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 4.2 or 5.2.12 of the Loan Agreement5.9.
Appears in 13 contracts
Samples: Mortgage and Security Agreement (Butler International Inc /Md/), And Consolidated Mortgage and Security Agreement (Alexanders Inc), Security Agreement (Ramco Gershenson Properties Trust)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 Section 4.9 or 5.2.12 Section 5.18 of the Loan this Agreement.
Appears in 12 contracts
Samples: Junior Mezzanine Loan Agreement (Maguire Properties Inc), Loan Agreement (Sun Communities Inc), Loan Agreement (Sun Communities Inc)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's ’s sole discretion) that Lender Indemnified Parties may incur, directly or indirectly, as a result of a default under Sections 4.1.9 3.7 or 5.2.12 4.19 of the Loan this Agreement.
Appears in 10 contracts
Samples: Loan Agreement (American Realty Capital New York Recovery Reit Inc), Loan Agreement (Condor Hospitality Trust, Inc.), Loan Agreement (American Realty Capital Trust III, Inc.)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties Persons from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's ’s sole discretion) that Lender may incur, directly or indirectly, incur as a result of a default under Sections 4.1.9 3.7 or 5.2.12 4.19 of the Loan this Agreement.
Appears in 8 contracts
Samples: Mezzanine a Loan Agreement (NorthStar Healthcare Income, Inc.), Mezzanine B Loan Agreement (NorthStar Healthcare Income, Inc.), Mezzanine a Loan Agreement (Northstar Realty Finance Corp.)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 Section 4.8 or 5.2.12 Section 5.18 of the Loan this Agreement.
Appears in 7 contracts
Samples: Loan Agreement (Corporate Property Associates 15 Inc), Loan Agreement (Manufactured Home Communities Inc), Loan Agreement (Corporate Property Associates 16 Global Inc)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's ’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 of the Loan Agreement.
Appears in 6 contracts
Samples: Security Agreement (Behringer Harvard Reit I Inc), Security Agreement (Behringer Harvard Reit I Inc), Security Agreement and Fixture Filing (Behringer Harvard Reit I Inc)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties Indemnitee from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's ’s sole discretion) that Lender Indemnitee may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 5.1(i) and 7.2 of the Loan this Agreement.
Appears in 4 contracts
Samples: Loan Agreement (Dividend Capital Total Realty Trust Inc.), Loan Agreement (Dividend Capital Total Realty Trust Inc.), Loan Agreement (Industrial Income Trust Inc.)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses Liabilities (including, without limitation, including reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses Liabilities incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole ’s reasonable discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 Section 4.9 or 5.2.12 Section 5.18 of the Loan this Agreement.
Appears in 4 contracts
Samples: Letter Agreement (Ashford Hospitality Trust Inc), Management Agreement (Ashford Hospitality Trust Inc), Letter Agreement (Ashford Hospitality Trust Inc)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction transaction, or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's ’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 3.7 or 5.2.12 4.19 of the Loan this Agreement.
Appears in 4 contracts
Samples: Mezzanine B Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Mezzanine a Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Mezzanine B Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)
ERISA Indemnification. Subject to Article 13, Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties Persons from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's ’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 3.7 or 5.2.12 4.19 of the Loan this Agreement.
Appears in 4 contracts
Samples: Loan Agreement (American Finance Trust, Inc), Loan Agreement (American Realty Capital New York City REIT, Inc.), Loan Agreement (American Finance Trust, Inc)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties Persons from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's ’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 3.7 or 5.2.12 4.19 of the Loan this Agreement.
Appears in 4 contracts
Samples: Loan Agreement (Retail Value Inc.), Loan Agreement (DDR Corp), Loan Agreement (Retail Value Inc.)
ERISA Indemnification. Borrower shall, at its Borrower’s sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's Bank’s sole and absolute discretion) that Lender Bank may incur, directly or indirectly, as a result of a default under Sections 4.1.9 Section 4.9 or 5.2.12 of the Loan AgreementSection 5.17 hereof.
Appears in 3 contracts
Samples: Loan Agreement (City Office REIT, Inc.), Loan Agreement (City Office REIT, Inc.), Loan Agreement (City Office REIT, Inc.)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's ’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 5.2.9 of the Loan Agreement.
Appears in 3 contracts
Samples: Security Agreement (Koger Equity Inc), Deed of Trust and Security Agreement (Maguire Properties Inc), Deed of Trust and Security Agreement
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 3.1.8 or 5.2.12 4.2.11 of the Loan Agreement.
Appears in 3 contracts
Samples: Rents and Security Agreement (Glimcher Realty Trust), Security Agreement (Glimcher Realty Trust), Security Agreement (Glimcher Realty Trust)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's ’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 Section 4.8 or 5.2.12 Section 5.18 of the Loan this Agreement.
Appears in 3 contracts
Samples: Mezzanine Loan Agreement (Capital Lodging), Loan Agreement (Capital Lodging), Loan Agreement (RFS Partnership Lp)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's ’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 3.15 or 5.2.12 4.22 of the Loan this Agreement.. 116
Appears in 2 contracts
Samples: Loan Agreement (Medalist Diversified REIT, Inc.), Loan Agreement (Medalist Diversified REIT, Inc.)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's ’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 Section 4.09 or 5.2.12 Section 5.18 of the Loan this Agreement.
Appears in 2 contracts
Samples: Loan Agreement (Bon Ton Stores Inc), Loan Agreement (Bon Ton Stores Inc)
ERISA Indemnification. Borrower Borrowers shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's ’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 Section 4.9 or 5.2.12 Section 5.18 of the Loan this Agreement.
Appears in 2 contracts
Samples: Loan Agreement (Extra Space Storage Inc.), Loan Agreement (Extra Space Storage Inc.)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' fees and costs incurred in the investigation, defense, and defense and/or settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole reasonable discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 Section 4.2.13 of the Loan Agreement.
Appears in 2 contracts
Samples: Leases and Rents and Security Agreement (Horizon Group Properties Inc), Horizon Group Properties Inc
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's Xxxxxx’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 5.2.9 of the Loan Agreement.
Appears in 2 contracts
Samples: Deed of Trust and Security Agreement (Maguire Properties Inc), Deed of Trust and Security Agreement
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 5.2.14 of the Loan Agreement.
Appears in 1 contract
Samples: Glimcher Realty Trust
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and defense and/or settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's Agent’s sole discretion) that Agent or Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 Section 5.2.9 of the Loan Agreement.
Appears in 1 contract
Samples: Security Agreement and Fixture Filing (Allegiant Travel CO)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 4.2.13 of the Loan Agreement.
Appears in 1 contract
Samples: Rents and Security Agreement (Glimcher Realty Trust)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's ’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 3.1.8 or 5.2.12 4.2.8 of the Loan Agreement.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Cedar Shopping Centers Inc)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's ’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 3.1.8 or 5.2.12 4.2.10 of the Loan Agreement.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Morgans Hotel Group Co.)
ERISA Indemnification. Borrower Grantor shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's ’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 4.2.11 of the Loan Agreement.
Appears in 1 contract
Samples: Moody National REIT I, Inc.
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 5.2.9 of the Loan Agreement.
Appears in 1 contract
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA 120 that may be required, in Lender's ’s sole discretion) that Lender the Indemnified Parties may incur, directly or indirectly, as a result of a default under Sections 4.1.9 Section 4.9 or 5.2.12 Section 5.18 of the Loan this Agreement.
Appears in 1 contract
Samples: Senior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 Section 3.9 or 5.2.12 Section 4.18 of the Loan this Agreement.
Appears in 1 contract
Samples: Loan Agreement (Acadia Realty Trust)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's Xxxxxx’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 3.7 or 5.2.12 4.19 of the Loan this Agreement.
Appears in 1 contract
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and and/or settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's ’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 4.2.13 of the Loan Agreement.
Appears in 1 contract
Samples: TNP Strategic Retail Trust, Inc.
ERISA Indemnification. Each Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in LenderXxxxxx's sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 3.1.8 or 5.2.12 4.2.11 of the Loan Agreement.
Appears in 1 contract
ERISA Indemnification. Borrower and Tenant, where applicable, shall, at its their sole cost and expense, protect, defend, indemnify, release and hold harmless harmless, the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 of the Loan Agreement.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Cedar Income Fund LTD /Md/)
ERISA Indemnification. To the extent applicable, Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's ’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 Section 4.9 or 5.2.12 Section 5.19 of the Loan this Agreement.
Appears in 1 contract
Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 3.1.8 or 5.2.12 4.2.8 of the Loan Agreement.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Cedar Shopping Centers Inc)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole Lendxx'x xole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 of the Loan Agreement.
Appears in 1 contract
Samples: Trust and Security Agreement (Glimcher Realty Trust)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole discretion) that Lender may incur, directly or indirectly, as a result result, of a default under Sections 4.1.9 or 5.2.12 of the Loan Agreement.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Inland Western Retail Real Estate Trust Inc)
ERISA Indemnification. Borrower and Tenant, where applicable, shall, at its their sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 of the Loan Agreement.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Glimcher Realty Trust)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 3.1.8 or 5.2.12 4.2.10 of the Loan Agreement.
Appears in 1 contract
Samples: Electro Scientific Industries Inc
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's Lxxxxx’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 3.7 or 5.2.12 4.19 of the Loan this Agreement.
Appears in 1 contract
Samples: Loan Agreement (Istar Inc.)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole ’s reasonable discretion) that Lender may incur, directly or indirectly, as a result of a default Default under Sections 4.1.9 Section 4.09 or 5.2.12 Section 5.18 of the Loan this Agreement.
Appears in 1 contract
ERISA Indemnification. Borrower Grantor shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's Grantee’s sole discretion) that Lender Grantee may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 5.2.9 of the Loan Agreement.
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Samples: Rents and Security Agreement (TNP Strategic Retail Trust, Inc.)
ERISA Indemnification. Each Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 3.1.8 or 5.2.12 4.2.11 of the Loan Agreement.
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ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be requiredrequired in connection with the Loan, in Lender's ’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 Section 18.2 of the Loan Agreement.
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Samples: Fee and Leasehold Mortgage, Security Agreement and Fixture Filing (Maui Land & Pineapple Co Inc)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and defense and/or settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's Xxxxxx’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 Section 4.2.13 of the Loan Agreement.
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Samples: Security Agreement and Fixture Filing (Glimcher Realty Trust)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA 124 that may be required, in Lender's ’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 Section 4.9 or 5.2.12 Section 5.18 of the Loan this Agreement.
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