Common use of Indemnification; Nature of Lenders’ Duties Clause in Contracts

Indemnification; Nature of Lenders’ Duties. (i) In addition to amounts payable as elsewhere provided in the Agreement, Borrower hereby agrees to pay and to protect, indemnify, and save harmless Lender from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including attorneys' fees) which Lender may incur or be subject to as a consequence, direct or indirect, of (A) the issuance of any Letter of Credit or guaranty thereof, or (B) the failure of Lender seeking indemnification or of any L/C Issuer to honor a demand for payment under any Letter of Credit or guaranty thereof 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, in each case other than to the extent solely as a result of the gross negligence or willful misconduct of Lender (as finally determined by a court of competent jurisdiction).

Appears in 1 contract

Samples: Credit Agreement (Viasource Communications Inc)

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Indemnification; Nature of Lenders’ Duties. (i) In addition to amounts payable as elsewhere provided in the Agreement, Borrower Borrowers hereby agrees agree to pay and to protect, indemnify, and save harmless Lender from and against any and all claims, demands, liabilities, damages, losses, costs, charges charges, and expenses (including reasonable attorneys' feesfees and allocated costs of internal counsel) which that Lender may incur or be subject to as a consequence, direct or indirect, of (A) the issuance of any Letter of Credit or guaranty thereof, or (B) the failure of Lender seeking indemnification or of any L/C Issuer Lender to honor a demand for payment under any Letter of Credit or guaranty thereof 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 authorityGovernmental Authority, in each case other than to the extent solely as a result of the gross negligence or willful misconduct of Lender (as finally determined by a court of competent jurisdiction).

Appears in 1 contract

Samples: Credit and Security Agreement (LIVE VENTURES Inc)

Indemnification; Nature of Lenders’ Duties. (i) In addition to amounts payable as elsewhere provided in the Agreement, Borrower hereby agrees to pay and to protect, indemnify, and save Lender harmless Lender from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including attorneys' feesfees and allocated costs of internal counsel) which that Lender may incur or be subject to as a consequence, direct or indirect, of (A) the issuance of any Letter of Credit or guaranty thereof, or (B) the failure of Lender seeking indemnification or of any L/C Issuer to honor a demand for payment under any Letter of Credit or guaranty thereof 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 authorityGovernmental Authority, in each case other than ---- -------- to the extent solely as a result of the gross negligence or willful misconduct of Lender (as finally determined by a court of competent jurisdiction).

Appears in 1 contract

Samples: Credit Agreement (Peets Coffee & Tea Inc)

Indemnification; Nature of Lenders’ Duties. (ia) In addition to amounts payable as elsewhere provided in the Agreement, Borrower hereby agrees to pay and to protect, indemnify, and save harmless Lender from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including attorneys' feesreasonable legal fees and all allocated costs of internal counsel) which Lender may incur or be subject to as a consequence, direct or indirect, of (A) the issuance of any Letter of Credit or guaranty guarantee thereof, or (B) the failure of Lender seeking indemnification or of any L/C Issuer to honor honour a demand for payment under any Letter of Credit or guaranty guarantee thereof 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 authorityGovernmental Authority, in each case other than to the extent solely as a result of the gross negligence or willful misconduct of Lender (as finally determined by a court of competent jurisdiction).

Appears in 1 contract

Samples: Credit Agreement (Sweetheart Holdings Inc \De\)

Indemnification; Nature of Lenders’ Duties. (i) In addition to amounts payable as elsewhere provided in the Agreement, Borrower Borrowers hereby agrees agree to pay and to protect, indemnify, and save harmless Administrative Agent and each Lender from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys' fees) which that Administrative Agent or any Lender may incur or be subject to as a consequence, direct or indirect, of (A) the issuance of any Letter of Credit or guaranty thereof, or (B) the failure of Administrative Agent or any Lender seeking indemnification or of any L/C Issuer to honor a demand for payment under any Letter of Credit or guaranty thereof 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 authorityGovernmental Authority, in each case other than to the extent solely as a result of the gross negligence or willful misconduct of Administrative Agent or such Lender (as finally determined by a court of competent jurisdiction).

Appears in 1 contract

Samples: Credit Agreement (Barneys New York Inc)

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Indemnification; Nature of Lenders’ Duties. (ia) In addition to amounts payable as elsewhere provided in the Agreement, Borrower hereby agrees to pay and to protect, indemnify, and save harmless Lender from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including attorneys' feesreasonable legal fees and all allocated costs of internal counsel) which Lender may incur or be subject to as a consequence, direct or indirect, of (A) the issuance of any Letter of Credit or guaranty guarantee thereof, or (B) the failure of Lender seeking indemnification or of any L/C Issuer to honor honour a demand for payment under any Letter of Credit or guaranty guarantee thereof 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 authorityGovernmental Authority, in each case other than to the extent solely as a result of the gross negligence or willful wilful misconduct of Lender (as finally determined by a court of competent jurisdiction).

Appears in 1 contract

Samples: Credit Agreement (Solo Cup CO)

Indemnification; Nature of Lenders’ Duties. (i) In addition to amounts payable as elsewhere provided in the Agreement, Borrower hereby agrees to pay and to protect, indemnify, and save harmless Lender from and against any and all claims, demands, liabilities, damages, losses, costs, charges charges, and expenses (including reasonable attorneys' feesfees and allocated costs of internal counsel) which that Lender may incur or be subject to as a consequence, direct or indirect, of (A) the issuance of any Letter of Credit or guaranty thereof, or (B) the failure of Lender seeking indemnification or of any L/C Issuer Lender to honor a demand for payment under any Letter of Credit or guaranty thereof 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 authorityGovernmental Authority, in each case other than to the extent solely as a result of the gross negligence or willful misconduct of Lender (as finally determined by a court of competent jurisdiction).

Appears in 1 contract

Samples: Credit and Security Agreement (LIVE VENTURES Inc)

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