Common use of Indemnification; Nature of Issuing Lender’s Duties Clause in Contracts

Indemnification; Nature of Issuing Lender’s Duties. (a) In addition to its other obligations under Section 2.3, the Credit Parties hereby agree to protect, indemnify, pay and save the Issuing Lender and each Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys’ fees) that the Issuing Lender or such Lender may incur or be subject to as a consequence, direct or indirect, of (i) the issuance of any Letter of Credit or (ii) the failure of the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority (all such acts or omissions, herein called “Government Acts”).

Appears in 41 contracts

Samples: Credit Agreement (Osi Systems Inc), Credit Agreement (Esterline Technologies Corp), Credit Agreement (Mednax, Inc.)

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Indemnification; Nature of Issuing Lender’s Duties. (ai) In addition to its other obligations under this Section 2.32.2, the Credit Parties Borrower hereby agree agrees to protect, indemnify, pay and save the Issuing Lender and each Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys' fees) that the Issuing Lender or such Lender may incur or be subject to as a consequence, direct or indirect, of (iA) the issuance of any Letter of Credit or (iiB) the failure of the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority governmental authority (all such acts or omissions, herein called "Government Acts").

Appears in 17 contracts

Samples: Credit Agreement (Pca International Inc), Credit Agreement (Personnel Group of America Inc), Credit Agreement (Personnel Group of America Inc)

Indemnification; Nature of Issuing Lender’s Duties. (a) In addition to its other obligations under Section 2.3, the Credit Parties Borrower hereby agree agrees to protect, indemnify, pay and save the Issuing Lender and each Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys’ fees) that the Issuing Lender or such Lender may incur or be subject to as a consequence, direct or indirect, of (i) the issuance of any Letter of Credit Credit, or (ii) the failure of the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority governmental authority (all such acts or omissions, herein called “Government Acts”).

Appears in 7 contracts

Samples: Credit Agreement (Capitalsource Inc), Credit Agreement (Capitalsource Inc), Credit Agreement (Capitalsource Inc)

Indemnification; Nature of Issuing Lender’s Duties. (a) In addition to its other obligations under Section 2.32.2, the Credit Parties Borrower hereby agree agrees to protect, indemnify, pay and save the applicable Issuing Lender and each Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys’ fees) that the applicable Issuing Lender or such Lender may incur or be subject to as a consequence, direct or indirect, of (i) the issuance of any Letter of Credit or (ii) the failure of the applicable Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority governmental authority (all such acts or omissions, herein called “Government Acts”).

Appears in 5 contracts

Samples: Credit Agreement (Dollar Tree Stores Inc), Credit Agreement (Ruddick Corp), Credit Agreement (Ruddick Corp)

Indemnification; Nature of Issuing Lender’s Duties. (a) In addition to its other obligations under Section 2.3, the Credit Parties hereby agree to protect, indemnify, pay and save the each Issuing Lender and each Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable and documented attorneys’ fees) that the such Issuing Lender or such Lender may incur or be subject to as a consequence, direct or indirect, of (i) the issuance of any Letter of Credit or (ii) the failure of the any Issuing Lender to honor a drawing under a any Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority (all such acts or omissions, herein called “Government Acts”).

Appears in 5 contracts

Samples: Credit Agreement (Mednax, Inc.), Credit Agreement (Mednax, Inc.), Credit Agreement (Mednax, Inc.)

Indemnification; Nature of Issuing Lender’s Duties. (a) In addition to its other obligations under Section 2.3, the Credit Parties Borrower hereby agree agrees to protect, indemnify, pay and save the Issuing Lender and each Revolving Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys’ fees) that the Issuing Lender or such Revolving Lender may incur or be subject to as a consequence, direct or indirect, of (i) the issuance of any Letter of Credit or (ii) the failure of the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority governmental authority (all such acts or omissions, herein called “Government Acts”).

Appears in 4 contracts

Samples: Credit Agreement (Amedisys Inc), Credit Agreement (Bradley Pharmaceuticals Inc), Credit Agreement (Bradley Pharmaceuticals Inc)

Indemnification; Nature of Issuing Lender’s Duties. (a) In addition to its other obligations under Section 2.32.22, the Credit Parties Company hereby agree agrees to protect, indemnify, pay and save the each Issuing Lender and each Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys’ fees) that the any Issuing Lender or such Lender may incur or be subject to as a consequence, direct or indirect, of (i) the issuance of any Letter of Credit on behalf such Company or (ii) the failure of the an Issuing Lender to honor a drawing under a Letter of Credit issued on behalf of the Company as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority (all such acts or omissions, herein called “Government Acts”).

Appears in 3 contracts

Samples: Credit Agreement (Western Union CO), Credit Agreement (First Data Corp), Credit Agreement (Western Union CO)

Indemnification; Nature of Issuing Lender’s Duties. (a) In addition to its other obligations under Section 2.3, the Credit Parties Borrower hereby agree agrees to protect, indemnify, pay and save the Issuing Lender and each Revolving Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys’ fees) that the Issuing Lender or such Revolving Lender may incur or be subject to as a consequence, direct or indirect, of (i) the issuance of any Letter of Credit or (ii) the failure of the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority (all such acts or omissions, herein called “Government Acts”).

Appears in 3 contracts

Samples: Credit Agreement (Bravo Brio Restaurant Group, Inc.), Credit Agreement (Nci Building Systems Inc), Credit Agreement (Nci Building Systems Inc)

Indemnification; Nature of Issuing Lender’s Duties. (a) In addition to its other obligations under Section 2.32.2, the Credit Parties Borrower hereby agree agrees to protect, indemnify, pay and save the applicable Issuing Lender and each Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys' fees) that the applicable Issuing Lender or such Lender may incur or be subject to as a consequence, direct or indirect, of (i) the issuance of any Letter of Credit or (ii) the failure of the applicable Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority governmental authority (all such acts or omissions, herein called "Government Acts").

Appears in 3 contracts

Samples: Credit Agreement (Ruddick Corp), Credit Agreement (Dollar Tree Stores Inc), Credit Agreement (Dollar Tree Stores Inc)

Indemnification; Nature of Issuing Lender’s Duties. (ai) In addition to its other obligations under this Section 2.3, the each Borrower that is an applicant with respect to a Letter of Credit Parties hereby agree agrees to pay, and protect, indemnify, pay indemnify and save the Issuing Lender and each Lender harmless from and against against, any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys' fees) that the Issuing Lender or such Lender may incur or be subject to as a consequence, direct or indirect, of (iA) the issuance of any Letter of Credit or (iiB) the failure of the Issuing such Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority (all such acts or omissions, herein called "Government Acts").

Appears in 2 contracts

Samples: Credit Agreement (Highwoods Properties Inc), Credit Agreement (Highwoods Realty LTD Partnership)

Indemnification; Nature of Issuing Lender’s Duties. (a) In addition to its other obligations under Section 2.32.4, the Credit Parties Borrower hereby agree agrees to protect, indemnify, pay and save the Issuing Lender and each Revolving Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys’ fees) that the Issuing Lender or such Revolving Lender may incur or be subject to as a consequence, direct or indirect, of (i) the issuance of any Letter of Credit or (ii) the failure of the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority (all such acts or omissions, herein called “Government Acts”).

Appears in 2 contracts

Samples: Credit Agreement (Bravo Brio Restaurant Group, Inc.), Credit Agreement and Waiver (Bravo Brio Restaurant Group, Inc.)

Indemnification; Nature of Issuing Lender’s Duties. (a) In addition to its other obligations under Section 2.3, the each Credit Parties Party hereby agree agrees to protect, indemnify, pay and save the each Issuing Lender and each Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costscharges, charges and reasonable out of pocket costs and expenses (including reasonable attorneys’ fees) that the Issuing Lender or such Lender may incur or be subject to as a consequence, direct or indirect, of (i) the issuance of any Letter of Credit or (ii) the failure of the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority governmental authority (all such acts or omissions, herein called “Government Acts”).

Appears in 2 contracts

Samples: Credit Agreement (Orthofix International N V), Credit Agreement (Orthofix International N V)

Indemnification; Nature of Issuing Lender’s Duties. (a) In addition to its other obligations under Section 2.3, the Credit Parties Borrower hereby agree agrees to protect, indemnify, pay and save the applicable Issuing Lender and each Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys’ fees) that the applicable Issuing Lender or such Lender may incur or be subject to as a consequence, direct or indirect, of (i) the issuance of any Letter of Credit or (ii) the failure of the applicable Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority governmental authority (all such acts or omissions, herein called “Government Acts”).

Appears in 2 contracts

Samples: Credit Agreement (Dollar Tree Stores Inc), Credit Agreement (Dollar Tree Inc)

Indemnification; Nature of Issuing Lender’s Duties. (a) In addition to its other obligations under Section 2.3, the Credit Parties hereby agree to protect, indemnify, pay and save the Issuing Lender and each Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys' fees) that the Issuing Lender or such Lender may incur or be subject to as a consequence, direct or indirect, of (i) the issuance of any Letter of Credit or (ii) the failure of the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority (all such acts or omissions, herein called "Government Acts").

Appears in 2 contracts

Samples: Credit Agreement (Armor Holdings Inc), Credit Agreement (Riviera Holdings Corp)

Indemnification; Nature of Issuing Lender’s Duties. (a) In addition to its other obligations under Section 2.32.2 and Section 2.5, the Credit Parties Borrower hereby agree agrees to protect, indemnify, pay and save the each Issuing Lender and each Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys’ fees) that the each Issuing Lender or such Lender may incur or be subject to as a consequence, direct or indirect, of (i) the issuance of any Letter of Credit or (ii) the failure of the such Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority governmental authority (all such acts or omissions, herein called “Government Acts”).

Appears in 2 contracts

Samples: Credit Agreement (Gencorp Inc), Credit Agreement (Gencorp Inc)

Indemnification; Nature of Issuing Lender’s Duties. (a) In addition to its other obligations under Section 2.32.2, the Credit Parties Borrower hereby agree agrees to protect, indemnify, pay and save the Issuing Lender and each Lender LOC Participant harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys’ fees) that the Issuing Lender or such Lender LOC Participant may incur or be subject to as a consequence, direct or indirect, of (i) the issuance of any Letter of Credit or (ii) the failure of the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority governmental authority (all such acts or omissions, herein called “Government Acts”).

Appears in 2 contracts

Samples: Credit Agreement (Fisher Communications Inc), Credit Agreement (Sunair Electronics Inc)

Indemnification; Nature of Issuing Lender’s Duties. (ai) In addition to its other obligations under this Section 2.32.6, the Credit Parties Borrower hereby agree agrees to protect, indemnify, pay and save the Issuing Lender and each Lender the Lenders harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys' fees) that the Issuing Lender or such any Lender may incur or be subject to as a consequence, direct or indirect, of (iA) the issuance of any Letter of Credit or (iiB) the failure of the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority governmental authority (all such acts or omissions, herein called "Government Acts").. ---------------

Appears in 2 contracts

Samples: Credit Agreement (Friedmans Inc), Credit Agreement (Friedmans Inc)

Indemnification; Nature of Issuing Lender’s Duties. (ai) In addition to its other obligations under this Section 2.32.2, the Credit Parties Xxxx hereby agree agrees to protect, indemnify, pay and save the Issuing Lender and each Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys' fees) that the Issuing Lender or such Lender may incur or be subject to as a consequence, direct or indirect, of (iA) the issuance of any Domestic Letter of Credit or (iiB) the failure of the Issuing Lender to honor a drawing under a Domestic Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority governmental authority (all such acts or omissions, herein called "Government Acts").

Appears in 2 contracts

Samples: Credit Agreement (Hunt Corp), Credit Agreement (Hunt Corp)

Indemnification; Nature of Issuing Lender’s Duties. (ai) In addition to its other obligations under this Section 2.32.2, the Credit Parties Borrower hereby agree agrees to pay, and protect, indemnify, pay indemnify and save each Lender (including the Issuing Lender and each Lender Lender) harmless from and against against, any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys' fees) that the Issuing Lender or such Lender may incur or be subject to as a consequence, direct or indirect, of (iA) the issuance of any Letter of Credit or (iiB) the failure of the Issuing such Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority (all such acts or omissions, herein called "Government Acts").

Appears in 2 contracts

Samples: Credit Agreement (Apria Healthcare Group Inc), Credit Agreement (Apria Healthcare Group Inc)

Indemnification; Nature of Issuing Lender’s Duties. (a) In addition to its other obligations under Section 2.3, the Credit Parties Borrower hereby agree agrees to protect, indemnify, pay and save the Issuing Lender and each Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys’ fees) that the Issuing Lender or such Lender may incur or be subject to as a consequence, direct or indirect, of (i) the issuance of any Letter of Credit or (ii) the failure of the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority (all such acts or omissions, herein called “Government Acts”).

Appears in 2 contracts

Samples: Credit Agreement (Ani Pharmaceuticals Inc), Credit Agreement (Ani Pharmaceuticals Inc)

Indemnification; Nature of Issuing Lender’s Duties. (a) In addition to its other obligations under Section 2.32.2, the Credit Parties Borrowers jointly and severally hereby agree to protect, indemnify, pay and save the each Issuing Lender and each Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys' fees) that the Issuing Lender or such Lender may incur or be subject to as a consequence, direct or indirect, of (i) the issuance of any Letter of Credit or (ii) the failure of the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority governmental authority (all such acts or omissions, herein called "Government Acts").

Appears in 2 contracts

Samples: Credit Agreement (Si International Inc), Credit Agreement (Si International Inc)

Indemnification; Nature of Issuing Lender’s Duties. (a) In addition to its other obligations under Section 2.3, the Credit Parties Borrowers hereby agree to protect, indemnify, pay and save the Issuing Lender and each Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys’ fees) that the Issuing Lender or such Lender may incur or be subject to as a consequence, direct or indirect, of (i) the issuance of any Letter of Credit or (ii) the failure of the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority (all such acts or omissions, herein called “Government Acts”).

Appears in 1 contract

Samples: Credit Agreement (Si International Inc)

Indemnification; Nature of Issuing Lender’s Duties. (ai) In addition to its other obligations under this Section 2.32.2, the Credit Parties Borrower hereby agree agrees to pay, and protect, indemnify, pay indemnify and save each Lender (including the Issuing Lender and each Lender Lender) harmless from and against against, any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys’ fees) that the Issuing Lender or such Lender may incur or be subject to as a consequence, direct or indirect, of (iA) the issuance of any Letter of Credit or (iiB) the failure of the Issuing such Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority (all such acts or omissions, herein called “Government Acts”).

Appears in 1 contract

Samples: Credit Agreement (Apria Healthcare Group Inc)

Indemnification; Nature of Issuing Lender’s Duties. (a) In addition to its other obligations under Section 2.32.4, the Credit Parties Borrower hereby agree agrees to protect, indemnify, pay and save the Issuing Lender and each Revolving Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys' fees) that the Issuing Lender or such Revolving Lender may incur or be subject to as a consequence, direct or indirect, of (i) the issuance of any Letter of Credit or (ii) the failure of the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority governmental authority (all such acts or omissions, herein called "Government Acts").

Appears in 1 contract

Samples: 000 Credit Agreement (Juno Lighting Inc)

Indemnification; Nature of Issuing Lender’s Duties. (a) In addition to its other obligations under Section 2.3, the Credit Parties Borrowers jointly and severally hereby agree to protect, indemnify, pay and save the each Issuing Lender and each Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys’ fees) that the Issuing Lender or such Lender may incur or be subject to as a consequence, direct or indirect, of (i) the issuance of any Letter of Credit or (ii) the failure of the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority governmental authority (all such acts or omissions, herein called “Government Acts”).

Appears in 1 contract

Samples: Credit Agreement (Si International Inc)

Indemnification; Nature of Issuing Lender’s Duties. (a) In addition to its other obligations under Section 2.32.2, each of the Credit Parties Borrowers hereby agree to protect, indemnify, pay and save the each Issuing Lender and each Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys’ fees) that the such Issuing Lender or such Lender may incur or be subject to as a consequence, direct or indirect, of (i) the issuance of any Letter of Credit by it or (ii) the failure of the such Issuing Lender to honor a drawing under a Letter of Credit issued by it as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority (all such acts or omissions, herein called “Government Acts”).

Appears in 1 contract

Samples: Credit Agreement (Newark Group Inc)

Indemnification; Nature of Issuing Lender’s Duties. (a) In addition to its their other obligations under Section 2.3, the Credit Parties hereby agree to protect, indemnify, pay and save the Issuing Lender and each Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys’ fees) that the Issuing Lender or such Lender may incur or be subject to as a consequence, direct or indirect, of (i) the issuance of any Letter of Credit or (ii) the failure of the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority (all such acts or omissions, herein called “Government Acts”).

Appears in 1 contract

Samples: Credit Agreement (Riviera Holdings Corp)

Indemnification; Nature of Issuing Lender’s Duties. (ai) In addition to its other obligations under this Section 2.32.2, the Credit Parties Borrower hereby agree agrees to protect, indemnify, pay and save the Issuing Lender and each Lender the Lenders harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys' fees) that the Issuing Lender or such any Lender may incur or be subject to as a consequence, direct or indirect, of (iA) the issuance of any Letter of Credit or (iiB) the failure of the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority governmental authority (all such acts or omissions, herein called "Government Acts").

Appears in 1 contract

Samples: Credit Agreement (Chattem Inc)

Indemnification; Nature of Issuing Lender’s Duties. (a) In addition to its other obligations under Section 2.3amounts payable as elsewhere provided in this Article IIIA, the Credit Parties without duplication, Borrower hereby agree agrees to protect, indemnify, pay and save the Issuing Lender and each Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys’ fees' fees and allocated costs of internal counsel) that the which Issuing Lender or such Lender may incur or be subject to as a consequence, direct or indirect, of (i) the issuance of any Letter of Credit or (ii) the failure of the Issuing Lender to honor a drawing under a any Letter of Credit Credit, in each case as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority (all such acts or omissions, herein called “Government Acts”)Body.

Appears in 1 contract

Samples: Security Agreement (Centurion Wireless Technologies Inc)

Indemnification; Nature of Issuing Lender’s Duties. (a) In addition to its other obligations under Section 2.3, the Credit Parties Borrower hereby agree agrees to protect, indemnify, pay and save the Issuing Lender and each Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys' fees) that the Issuing Lender or such Lender may incur or be subject to as a consequence, direct or indirect, of (i) the issuance of any Letter of Credit or (ii) the failure of the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority (all such acts or omissions, herein called "Government Acts").

Appears in 1 contract

Samples: Credit Agreement (American Capital Strategies LTD)

Indemnification; Nature of Issuing Lender’s Duties. (ai) In addition to its other obligations under this Section 2.32.06, the Credit Parties Borrower hereby agree agrees to pay, and protect, indemnify, pay and save each Lender (including the Issuing Lender and each Lender Lender) harmless from and against against, any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys' fees) that the Issuing Lender or such Lender any may incur or be subject to as a consequence, direct or indirect, of (iA) the issuance of any Letter of Credit or (iiB) the failure of any Lender (including the Issuing Lender Lender) to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority governmental authority (all such acts or omissions, herein called "Government Acts").

Appears in 1 contract

Samples: Credit Agreement (Ralcorp Holdings Inc)

Indemnification; Nature of Issuing Lender’s Duties. (a) In addition to its other obligations under Section 2.3, the Credit Parties Borrower hereby agree agrees to protect, indemnify, pay and save the Issuing Lender and each Revolving Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys' fees) that the Issuing Lender or such Revolving Lender may incur or be subject to as a consequence, direct or indirect, of (i) the issuance of any Letter of Credit or (ii) the failure of the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority governmental authority (all such acts or omissions, herein called "Government Acts").

Appears in 1 contract

Samples: Credit Agreement (Bradley Pharmaceuticals Inc)

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Indemnification; Nature of Issuing Lender’s Duties. (a) In addition to its other obligations under Section 2.3, the Credit Parties Borrower hereby agree agrees to protect, indemnify, pay and save the Issuing Lender and each Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys' fees) that the Issuing Lender or such Lender may incur or be subject to as a consequence, direct or indirect, of (i) the issuance of any Letter of Credit or (ii) the failure of the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority governmental authority (all such acts or omissions, herein called "Government Acts").

Appears in 1 contract

Samples: Credit Agreement (American Capital Strategies LTD)

Indemnification; Nature of Issuing Lender’s Duties. (ai) In addition to its other obligations under this Section 2.32.6, the Credit Parties Borrower hereby agree agrees to protect, indemnify, pay and save the Issuing Lender and each Lender the Lenders harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys' fees) that the Issuing Lender or such any Lender may incur or be subject to as a consequence, direct or indirect, of (iA) the issuance of any Letter of Credit or (iiB) the failure of the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority governmental authority (all such acts or omissions, herein called "Government Acts").

Appears in 1 contract

Samples: Credit Agreement (Ict Group Inc)

Indemnification; Nature of Issuing Lender’s Duties. (ai) In addition to its other obligations under this Section 2.32.02, the Credit Parties Borrower hereby agree agrees to pay, and protect, indemnify, pay indemnify and save the Issuing Lender and each Lender with a Revolving Commitment harmless from and against against, any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys’ attorney fees) that the Issuing Lender or such Lender may incur or be subject to as a consequence, direct or indirect, of (iA) the issuance of any Letter of Credit or (iiB) the failure of the such Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority governmental authority (all such acts or omissions, herein called "Government Acts").

Appears in 1 contract

Samples: Credit Agreement (Compbenefits Corp)

Indemnification; Nature of Issuing Lender’s Duties. (ai) In addition to its other obligations under this Section 2.32.2, the Credit Parties Borrower hereby agree agrees to pay, and protect, indemnify, pay indemnify and save the Issuing Lender and each Lender harmless from and against against, any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys' fees) that the Issuing Lender or such Lender may incur or be subject to as a consequence, direct or indirect, of (iA) the issuance of any Letter of Credit or (iiB) the failure of the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority (all such acts or omissions, herein called "Government Acts").

Appears in 1 contract

Samples: Credit Agreement (Cluett Peabody & Co Inc /De)

Indemnification; Nature of Issuing Lender’s Duties. (a) In addition to its other obligations under Section 2.3, the Credit Parties hereby agree to protect, indemnify, pay and save the Issuing Lender and each Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable and documented attorneys’ fees) that the Issuing Lender or such Lender may incur or be subject to as a consequence, direct or indirect, of (i) the issuance of any Letter of Credit or (ii) the failure of the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority (all such acts or omissions, herein called “Government Acts”).

Appears in 1 contract

Samples: Credit Agreement (Atlas Merger Subsidiary, Inc.)

Indemnification; Nature of Issuing Lender’s Duties. (ai) In addition to its other obligations under this Section 2.3, the Credit Parties Borrower hereby agree agrees to pay, and protect, indemnify, pay indemnify and save the Issuing Lender and each Tranche A Lender harmless from and against against, any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys' fees) that the Issuing Lender or such Tranche A Lender may incur or be subject to as a consequence, direct or indirect, of (iA) the issuance of any Letter of Credit or (iiB) the failure of the Issuing such Tranche A Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority governmental authority (all such acts or omissions, herein called "Government Acts").

Appears in 1 contract

Samples: Guarantee Agreement (Isg Resources Inc)

Indemnification; Nature of Issuing Lender’s Duties. (ai) In addition to its other obligations under this Section 2.32.6, the Credit Parties Domestic Borrower hereby agree agrees to protect, indemnify, pay and save the Issuing Lender and each Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys' fees) that the Issuing Lender or such Lender may incur or be subject to as a consequence, direct or indirect, of (iA) the issuance of any Letter of Credit or (iiB) the failure of the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority governmental authority (all such acts or omissions, herein called "Government Acts").

Appears in 1 contract

Samples: Credit Agreement (Railworks Corp)

Indemnification; Nature of Issuing Lender’s Duties. (ai) In addition to its other obligations under this Section 2.32.2, the Credit Parties Borrower hereby agree agrees to pay, and protect, indemnify, pay indemnify and save the Issuing Lender and each Revolving Lender harmless from and against against, any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys' fees) that the Issuing Lender or such Revolving Lender may incur or be subject to as a consequence, direct or indirect, of (iA) the issuance of any Letter of Credit or (iiB) the failure of the Issuing such Revolving Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority (all such acts or omissions, herein called "Government Acts").

Appears in 1 contract

Samples: Credit Agreement (Corrections Corp of America/Md)

Indemnification; Nature of Issuing Lender’s Duties. (a) In addition to its other obligations under Section 2.3, the each Credit Parties Party hereby agree agrees to protect, indemnify, pay and save the each Issuing Lender and each Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costscharges, charges and reasonable and documented out-of-pocket costs and expenses (including reasonable attorneys’ fees) that the Issuing Lender or such Lender may incur or be subject to as a consequence, direct or indirect, of (i) the issuance of any Letter of Credit or (ii) the failure of the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority governmental authority (all such acts or omissions, herein called “Government Acts”).

Appears in 1 contract

Samples: Credit Agreement (Orthofix International N V)

Indemnification; Nature of Issuing Lender’s Duties. (a) In addition to its other obligations under Section 2.32, the Credit Parties Borrower hereby agree agrees to protect, indemnify, pay and save the Issuing Lender and each Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys’ feesAttorney Costs) that the Issuing Lender or such Lender may incur or be subject to as a consequence, direct or indirect, of (iA) the issuance of any Letter of Credit or (iiB) the failure of the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority (all such acts or omissions, herein called “Government Acts”).

Appears in 1 contract

Samples: Credit Agreement (Weyco Group Inc)

Indemnification; Nature of Issuing Lender’s Duties. (a) In addition to its other obligations under Section 2.32.2, the Credit Parties Borrower hereby agree agrees to protect, indemnify, pay and save the applicable Issuing Lender and each Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys’ fees) that the applicable Issuing Lender or such Lender may incur or be subject to as a consequence, direct or indirect, of (i) the issuance of any Letter of Credit or (ii) the failure of the applicable Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority (all such acts or omissions, herein called “Government Acts”).

Appears in 1 contract

Samples: Credit Agreement (Louisiana-Pacific Corp)

Indemnification; Nature of Issuing Lender’s Duties. (ai) In addition to its other obligations under this Section 2.32.6, the Credit Parties Company hereby agree agrees to protect, indemnify, pay pay, save and save hold the Issuing Lender and each Lender the Lenders harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys' fees) that the Issuing Lender or such any Lender may incur or be subject to as a consequence, direct or indirect, of (iA) the issuance of any Letter of Credit or (iiB) the failure of the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority governmental authority (all such acts or omissions, herein called "Government Acts").

Appears in 1 contract

Samples: Credit Agreement (Millipore Corp /Ma)

Indemnification; Nature of Issuing Lender’s Duties. (ai) In addition to its other obligations under this Section 2.3, the each Borrower that is an applicant with respect to a Letter of Credit Parties hereby agree agrees to pay, and protect, indemnify, pay indemnify and save the Issuing Lender and each Lender harmless from and against against, any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys’ fees) that the Issuing Lender or such Lender may incur or be subject to as a consequence, direct or indirect, of (iA) the issuance of any Letter of Credit or (iiB) the failure of the Issuing such Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority (all such acts or omissions, herein called “Government Acts”).

Appears in 1 contract

Samples: Credit Agreement (Highwoods Realty LTD Partnership)

Indemnification; Nature of Issuing Lender’s Duties. (ai) In addition to its other obligations under Section 2.3this subsection 2.16, the Credit Parties Company hereby agree agrees to pay, and protect, indemnify, pay indemnify and save the Issuing Lender and each Lender harmless from and against against, any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys’ fees' fees and expenses) that the Issuing Lender or such Lender may incur or be subject to as a consequence, direct or indirect, of (iA) the issuance of any Letter of Credit or (iiB) the failure of such Lender or the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority (all such acts or omissions, herein called "Government Acts").

Appears in 1 contract

Samples: Credit Agreement (Hercules Inc)

Indemnification; Nature of Issuing Lender’s Duties. (ai) In addition to its other obligations under this Section 2.32.2, the Credit Parties Borrower hereby agree agrees to protect, indemnify, pay and save the Issuing Lender and each Lender the Revolving Lenders harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys' fees) that the Issuing Lender or such any Revolving Lender may incur or be subject to as a consequence, direct or indirect, of (iA) the issuance of any Letter of Credit or (iiB) the failure of the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority governmental authority (all such acts or omissions, herein called "Government Acts").

Appears in 1 contract

Samples: Credit Agreement (C&d Technologies Inc)

Indemnification; Nature of Issuing Lender’s Duties. (ai) In addition to its other obligations under this Section 2.32.6(h), the Credit Parties Borrower hereby agree agrees to protect, indemnify, pay and save the Issuing Lender and each Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys’ fees) that the Issuing Lender or such Lender may incur or be subject to as a consequence, direct or indirect, of (iA) the issuance of any Letter of Credit or (iiB) the failure of the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority (all such acts or omissions, herein called “Government Acts”).

Appears in 1 contract

Samples: Credit Agreement (Advance America, Cash Advance Centers, Inc.)

Indemnification; Nature of Issuing Lender’s Duties. (a) In addition to its other obligations under Section 2.3, the Credit Parties Borrower hereby agree agrees to protect, indemnify, pay and save the Issuing Lender and each Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys’ fees) that the Issuing Lender or such Lender may incur or be subject to as a consequence, direct or indirect, of (i) the issuance of any Letter of Credit or (ii) the failure of the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority governmental authority (all such acts or omissions, herein called “Government Acts”).

Appears in 1 contract

Samples: Credit Agreement (American Capital Strategies LTD)

Indemnification; Nature of Issuing Lender’s Duties. (ai) In addition to its other obligations under this Section 2.32.2, the Credit Parties Borrower hereby agree agrees to protect, indemnify, pay and save the Issuing Lender and each Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys’ fees' fees actually incurred) that the Issuing Lender or such Lender may incur or be subject to as a consequence, direct or indirect, of (iA) the issuance of any Letter of Credit or (iiB) the failure of the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority governmental authority (all such acts or omissions, herein called "Government Acts").

Appears in 1 contract

Samples: Credit Agreement (Fritz Companies Inc)

Indemnification; Nature of Issuing Lender’s Duties. (a) In addition to its other obligations under Section 2.32.2, the Credit Parties hereby agree to protect, indemnify, pay and save indemnify the Issuing Lender and each Lender harmless in its capacity as such from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys’ fees) that the Issuing Lender or in its capacity as such Lender may incur or be subject to as a consequence, direct or indirect, of (i) the issuance of any Letter of Credit or (ii) the failure of the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority (all such acts or omissions, herein called “Government Acts”).

Appears in 1 contract

Samples: Credit Agreement (Universal Corp /Va/)

Indemnification; Nature of Issuing Lender’s Duties. (a) NNN. In addition to its other obligations under Section 2.3, the Credit Parties Borrower hereby agree agrees to protect, indemnify, pay and save the Issuing Lender and each Revolving Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and Table of Contents expenses (including reasonable attorneys’ fees) that the Issuing Lender or such Revolving Lender may incur or be subject to as a consequence, direct or indirect, of (i) the issuance of any Letter of Credit or (ii) the failure of the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority (all such acts or omissions, herein called “Government Acts”).

Appears in 1 contract

Samples: Credit Agreement (Nci Building Systems Inc)

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