Common use of Indemnification of the Lender Clause in Contracts

Indemnification of the Lender. The Borrower shall indemnify and hold the Lender harmless from any and all claims asserted against the Lender by any person, entity or governmental authority arising out of or in connection with the sale or use of the Property. The Lender shall be entitled to appear in any action or proceeding to defend itself against such claims and all costs incurred by the Lender in connection therewith, including attorney’s fees, shall be reimbursed by the Borrower to the Lender within ten (10) days after presentment, as provided herein. Any failure to so reimburse the Lender within the specified time period shall constitute an Event of Default under this Agreement, and the unreimbursed amount shall thereupon be added to the Loan and shall bear interest at the rate then in effect thereunder until paid. The Lender shall, at its sole option, be entitled to settle or compromise any asserted claim against it, and such settlement shall be binding upon the Borrower for purposes of this indemnification. Payment thereof by the Lender or the payment by the Lender of any judgment or claim successfully perfected against the Lender shall constitute an additional principal advance under the Loan, shall bear interest at the Note rate and shall be payable upon demand of the Lender. The agreements contained in this section shall survive repayment of the Loan and shall survive the termination of any other portions of this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Hoku Scientific Inc)

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Indemnification of the Lender. The Borrower shall indemnify and hold the Lender harmless from any and all claims asserted against the Lender by any person, entity or governmental authority arising out of or in connection with the sale or use Commitment except for claims arising out of the PropertyLender’s gross negligence or wilful misconduct. The Lender shall be entitled to appear in any action or proceeding to defend itself against such claims claims, and all reasonable costs incurred by the Lender in connection therewith, including attorney’s reasonable attorneys’ fees, shall be reimbursed by the Borrower to the Lender within ten (10) days after presentment, as provided hereinin Section 6.7. Any failure to so reimburse the Lender within the specified time period shall constitute an Event of Default under this Agreement, and the unreimbursed amount shall thereupon be added to the Loan Principal Balance, and shall bear interest at the default rate then specified in effect thereunder until paidthe Note. The Lender shall, at its sole option, be entitled to settle or compromise any asserted claim against it, and such settlement shall be binding upon the Borrower for purposes of this indemnification. Payment thereof by the Lender or the payment by the Lender of any judgment or claim successfully perfected against the Lender shall constitute an additional principal advance under the LoanAdvance hereunder, shall bear interest at the default rate specified in the Note rate until paid, and shall be payable upon demand of the Lender. The agreements contained in this section shall survive repayment termination of the Loan Commitment and shall survive the termination of any other portions of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Pacific Office Properties Trust, Inc.)

Indemnification of the Lender. The Borrower shall indemnify and hold the Lender harmless from any and all claims asserted against the Lender by any person, entity or governmental authority arising out of or in connection with the sale or use Commitment except for claims arising out of the PropertyLender’s gross negligence or wilful misconduct. The Lender shall be entitled to appear in any action or proceeding to defend itself against such claims claims, and all reasonable costs incurred by the Lender in connection therewith, including attorney’s reasonable attorneys’ fees, shall be reimbursed by the Borrower to the Lender within ten (10) days after presentment, as provided hereinin Section 6.7. Any failure to so reimburse the Lender within the specified time period shall constitute an Event of Default under this Agreement, and the unreimbursed amount shall thereupon be added to the Loan Principal Balance, and shall bear interest at the default rate then specified in effect thereunder until paidthe Note. The Lender shall, at its sole option, be entitled to settle or compromise any asserted claim against it, and such settlement shall be binding upon the Borrower for purposes of this indemnification. Payment thereof by the Lender or the payment by the Lender of any judgment or claim successfully perfected against the Lender shall constitute an additional principal advance under the Loanhereunder, shall bear interest at the default rate specified in the Note rate until paid, and shall be payable upon demand of the Lender. The agreements contained in this section shall survive repayment termination of the Loan Commitment and shall survive the termination of any other portions of this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Maui Land & Pineapple Co Inc)

Indemnification of the Lender. The Borrower shall indemnify and hold the Lender harmless from any and all claims asserted against the Lender by any person, entity or governmental authority arising out of or in connection with the sale or use Loan except for claims arising out of the PropertyLender's gross negligence or wilful misconduct. The Lender shall be entitled to appear in any action or proceeding to defend itself against such claims claims, and all reasonable costs incurred by the Lender in connection therewith, including attorney’s reasonable attorneys' fees, shall be reimbursed by the Borrower to the Lender within ten (10) days after presentment, as provided hereinin Section 5.4. Any failure to so reimburse the Lender within the specified time period shall constitute an Event of Default under this Agreement, and the unreimbursed amount shall thereupon be added to the Loan and shall bear interest at the default rate then specified in effect thereunder until paidthe Note. The Lender shall, at its sole option, be entitled to settle or compromise any asserted claim against it, and such settlement shall be binding upon the Borrower for purposes of this indemnification. Payment thereof by the Lender Lender, or the payment by the Lender of any judgment or claim successfully perfected against the Lender shall constitute an additional principal advance under the LoanLender, shall bear interest at the default rate specified in the Note rate until paid, and shall be payable upon demand of the Lender. The agreements contained in this section shall survive repayment of the Loan and shall survive the termination of any other portions of this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Turn Works Acquisition Iii Sub a Inc)

Indemnification of the Lender. The Borrower shall indemnify and hold the Lender harmless from any and all claims asserted against the Lender by any person, entity or governmental authority arising out of or in connection with the sale or use Commitment except for claims arising out of the PropertyLender's gross negligence or wilful misconduct. The Lender shall be entitled to appear in any action or proceeding to defend itself against such claims claims, and all reasonable costs incurred by the Lender in connection therewith, including attorney’s reasonable attorneys' fees, shall be reimbursed by the Borrower to the Lender within ten (10) days after presentment, as provided hereinin Section 6.7. Any failure to so reimburse the Lender within the specified time period shall constitute an Event of Default under this Agreement, and the unreimbursed amount shall thereupon be added to the Loan Principal Balance, and shall bear interest at the default rate then specified in effect thereunder until paidthe Note. The Lender shall, at its sole option, be entitled to settle or compromise any asserted claim against it, and such settlement shall be binding upon the Borrower for purposes of this indemnification. Payment thereof by the Lender or the payment by the Lender of any judgment or claim successfully perfected against the Lender shall constitute an additional principal advance under the LoanAdvance hereunder, shall bear interest at the default rate specified in the Note rate until paid, and shall be payable upon demand of the Lender. The agreements contained in this section shall survive repayment termination of the Loan Commitment and shall survive the termination of any other portions of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Cyanotech Corp)

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Indemnification of the Lender. The Borrower shall indemnify and hold the Lender harmless from any and all claims asserted against the Lender by any person, entity or governmental authority arising out of or in connection with the sale or use of the Property. The Lender shall be entitled to appear in any action or proceeding to defend itself against such claims and all costs incurred by the Lender in connection therewith, including attorney’s attorneys' fees, shall be reimbursed by the Borrower to the Lender within ten (10) days after presentment, as provided herein. Any failure to so reimburse the Lender within the specified time period shall constitute an Event of Default under this Agreement, and the unreimbursed amount shall thereupon be added to the Loan and shall bear interest at the rate then in effect thereunder until paid. The Lender shall, at its sole option, be entitled to settle or compromise any asserted claim against it, and such settlement shall be binding upon the Borrower for purposes of this indemnification. Payment thereof by the Lender or the payment by the Lender of any judgment or claim successfully perfected against the Lender shall constitute an additional principal advance under the Loan, shall bear interest at the Note rate and shall be payable upon demand of the Lender. The agreements contained in this section shall survive repayment of the Loan and shall survive the termination of any other portions of this Agreement.

Appears in 1 contract

Samples: Term Loan Agreement (Cyanotech Corp)

Indemnification of the Lender. The Borrower shall indemnify and hold the Lender harmless from any and all claims asserted against the Lender by any person, entity or governmental authority arising out of or in connection with the sale or use of the Property. The Lender shall be entitled to appear in any action or proceeding to defend itself against such claims and all costs incurred by the Lender in connection therewith, including attorney’s attorneys’ fees, shall be reimbursed by the Borrower to the Lender within ten (10) days after presentment, as provided herein. Any failure to so reimburse the Lender within the specified time period shall constitute an Event of Default under this Agreement, and the unreimbursed amount shall thereupon be added to the Loan and shall bear interest at the rate then in effect thereunder until paid. The Lender shall, at its sole option, be entitled to settle or compromise any asserted claim against it, and such settlement shall be binding upon the Borrower for purposes of this indemnification. Payment thereof by the Lender or the payment by the Lender of any judgment or claim successfully perfected against the Lender shall constitute an additional principal advance under the Loan, shall bear interest at the Note Notes rate and shall be payable upon within ten (10) days of demand of the Lender. The agreements contained in this section shall survive repayment of the Loan and shall survive the termination of any other portions of this Agreement.

Appears in 1 contract

Samples: Security Agreement (Cyanotech Corp)

Indemnification of the Lender. The Borrower shall indemnify and hold the Lender harmless from any and all claims asserted against the Lender by any person, entity or governmental authority arising out of or in connection with the sale or use Loan except for claims arising out of the PropertyLender’s gross negligence or wilful misconduct. The Lender shall be entitled to appear in any action or proceeding to defend itself against such claims claims, and all reasonable costs incurred by the Lender in connection therewith, including attorney’s reasonable attorneys’ fees, shall be reimbursed by the Borrower to the Lender within ten (10) days after presentment, as provided hereinin Section 5.7. Any failure to so reimburse the Lender within the specified time period shall constitute an Event of Default under this Agreement, and the unreimbursed amount shall thereupon be added to the Loan Principal Balance, and shall bear interest at the default rate then specified in effect thereunder until paidthe Note. The Lender shall, at its sole option, be entitled to settle or compromise any asserted claim against it, and such settlement shall be binding upon the Borrower for purposes of this indemnification. Payment thereof by the Lender or the payment by the Lender of any judgment or claim successfully perfected against the Lender shall constitute an additional principal advance under the Loanhereunder, shall bear interest at the default rate specified in the Note rate until paid, and shall be payable upon demand of the Lender. The agreements contained in this section shall survive repayment termination of the Loan and shall survive the termination of any other portions of this Agreement.

Appears in 1 contract

Samples: Loan Agreement (U S Restaurant Properties Inc)

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