Common use of Indemnity and Expenses Clause in Contracts

Indemnity and Expenses. (a) Each Grantor agrees to indemnify Agent and the other members of the Lender Group from and against all claims, lawsuits and liabilities (including reasonable attorneys fees) growing out of or resulting from this Agreement (including enforcement of this Agreement) or any other Loan Document to which such Grantor is a party, except claims, losses or liabilities resulting from the gross negligence or willful misconduct of the party seeking indemnification as determined by a final non-appealable order of a court of competent jurisdiction. This provision shall survive the termination of this Agreement and the Credit Agreement and the repayment of the Secured Obligations.

Appears in 34 contracts

Samples: Patent Security Agreement (Nuverra Environmental Solutions, Inc.), Patent Security Agreement (Oclaro, Inc.), Patent Security Agreement (Power Solutions International, Inc.)

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Indemnity and Expenses. (a) Each Grantor agrees to indemnify Agent and the other members of the Lender Group from and against all claims, lawsuits and liabilities (including reasonable attorneys attorneys’ fees) growing out of or resulting from this Agreement (including enforcement of this Agreement) or any other Loan Document to which such Grantor is a party, except claims, losses or liabilities resulting from the gross negligence or willful misconduct of the party seeking indemnification as determined by a final non-appealable order of a court of competent jurisdiction. This provision shall survive the termination of this Agreement and the Credit Agreement and the repayment of the Secured Obligations.

Appears in 6 contracts

Samples: Patent Security Agreement (Ocz Technology Group Inc), Patent Security Agreement (Nuverra Environmental Solutions, Inc.), Patent Security Agreement (Nuverra Environmental Solutions, Inc.)

Indemnity and Expenses. (a) Each Grantor agrees to indemnify Agent and the other members of the Lender Group from and against all claims, lawsuits and liabilities (including reasonable attorneys fees) growing out of or resulting from this Agreement (including including, without limitation, enforcement of this Agreement) or any other Loan Document to which such Grantor is a party, except claims, losses or liabilities resulting from the gross negligence or willful misconduct of the party seeking indemnification as determined by a final non-appealable order of a court of competent jurisdiction. This provision shall survive the termination of this Agreement and the Credit Agreement and the repayment of the Secured Obligations.

Appears in 5 contracts

Samples: Credit Agreement (Infocus Corp), Patent Security Agreement (155 East Tropicana, LLC), Security Agreement (SAVVIS, Inc.)

Indemnity and Expenses. (a) Each Grantor agrees to indemnify Agent and the other members of the Lender Group from and against all claims, lawsuits and liabilities (including reasonable and documented attorneys fees) growing out of or resulting from this Agreement (including enforcement of this Agreement) or any other Loan Document to which such Grantor is a party, except claims, losses or liabilities resulting from the gross negligence or willful misconduct of the party seeking indemnification as determined by a final non-appealable order of a court of competent jurisdiction. This provision shall survive the termination of this Agreement and the Credit Agreement and the repayment of the Secured Obligations.

Appears in 4 contracts

Samples: Intellectual Property Security Agreement (API Technologies Corp.), Intellectual Property Security Agreement (API Technologies Corp.), Patent Security Agreement (API Technologies Corp.)

Indemnity and Expenses. (a) Each Grantor agrees to indemnify Agent and the other members of the Lender Group from and against all claims, lawsuits and liabilities (including reasonable attorneys attorneys’ fees) growing arising out of or resulting from this Agreement (including enforcement of this Agreement) or any other Loan Document to which such Grantor is a party, except claims, losses or liabilities resulting from the gross negligence or willful misconduct of the party seeking indemnification as determined by a final non-appealable order of a court of competent jurisdiction. This provision shall survive the termination of this Agreement and the Credit Agreement and the repayment of the Secured Obligations.

Appears in 3 contracts

Samples: Patent Security Agreement (American Reprographics CO), Patent Security Agreement (Arc Document Solutions, Inc.), Patent Security Agreement (American Reprographics CO)

Indemnity and Expenses. (a) Each Parent and each Grantor agrees to indemnify Agent and the other members of the Lender Group from and against all claims, lawsuits and liabilities (including reasonable attorneys fees) growing arising out of or resulting from this Agreement (including enforcement of this Agreement) or any other Loan Document to which such Grantor is a party, except claims, losses or liabilities resulting from the gross negligence or willful misconduct of the party seeking indemnification as determined by a final non-appealable order of a court of competent jurisdiction. This provision shall survive the termination of this Agreement and the Credit Agreement and the repayment of the Secured Obligations.

Appears in 3 contracts

Samples: Guaranty and Security Agreement (Nevada Gold & Casinos Inc), Guaranty and Security Agreement (Nevada Gold & Casinos Inc), Guaranty and Security Agreement (Nevada Gold & Casinos Inc)

Indemnity and Expenses. (a) Each Grantor agrees to indemnify Agent and the other members of the Lender Group from and against all claims, lawsuits and liabilities (including reasonable attorneys fees) growing out of or resulting from this Agreement (including enforcement of this Agreement) or any other Loan Document to which such Grantor is a party, except claims, losses or liabilities resulting from the gross negligence or willful misconduct misconduct, or material breach in bad faith of any obligation, of the party seeking indemnification as finally determined by a final non-appealable order of a court of competent jurisdiction. This provision shall survive the termination of this Agreement and the Credit Agreement and the repayment of the Secured Obligations.

Appears in 3 contracts

Samples: Patent Security Agreement (Unifi Inc), Patent Security Agreement (Unifi Inc), Guaranty and Security Agreement (Unifi Inc)

Indemnity and Expenses. (a) Each Grantor agrees to indemnify Agent and the other members of the Lender Group Holders from and against all claims, lawsuits and liabilities (including reasonable attorneys fees) growing out of or resulting from this Agreement (including enforcement of this Agreement) or any other Loan Transaction Document to which such Grantor is a party, except claims, losses or liabilities resulting from the gross negligence or willful misconduct of the party seeking indemnification as determined by a final non-appealable order of a court of competent jurisdiction. This provision shall survive the termination of this Agreement and the Credit Agreement Indenture and the repayment of the Secured Obligations.

Appears in 3 contracts

Samples: Security Agreement (Baseline Oil & Gas Corp.), Security Agreement (Baseline Oil & Gas Corp.), Security Agreement (Dune Energy Inc)

Indemnity and Expenses. (a) Each Grantor agrees to indemnify Agent and the other members of the Lender Group from and against all claims, lawsuits and liabilities (including reasonable attorneys attorneys’ fees) growing out of or resulting from this Agreement (including enforcement of this Agreement) or any other Loan Document to which such Grantor is a party, except claims, losses or liabilities resulting from the bad faith, gross negligence or willful misconduct of the party seeking indemnification as determined by a final non-appealable order of a court of competent jurisdiction. This provision shall survive the termination of this Agreement and the Credit Agreement and the repayment of the Secured Obligations.

Appears in 2 contracts

Samples: Guaranty and Security Agreement (Q2 Holdings, Inc.), Guaranty and Security Agreement (Q2 Holdings, Inc.)

Indemnity and Expenses. (a) Each Grantor agrees to indemnify Agent and the other members of the Lender Group from and against all claims, lawsuits and liabilities (including reasonable attorneys attorneys' fees) growing out of or resulting from this Agreement (including enforcement of this Agreement) or any other Loan Document to which such Grantor is a party, except claims, losses or liabilities resulting from the gross negligence or willful misconduct of the party seeking indemnification as determined by a final non-appealable order of a court of competent jurisdiction. This provision shall survive the termination of this Agreement and the Credit Agreement and the repayment of the Secured Obligations.

Appears in 2 contracts

Samples: Guaranty and Security Agreement (MGP Ingredients Inc), Guaranty and Security Agreement (School Specialty Inc)

Indemnity and Expenses. (a) Each Grantor agrees to indemnify Agent and the other members of the Lender Group from and against all claims, lawsuits and liabilities (including reasonable attorneys fees) growing arising out of or resulting from this Agreement (including enforcement of this Agreement) or any other Loan Document to which such Grantor is a party, except claims, losses or liabilities resulting from the gross negligence or willful misconduct of the party seeking indemnification as determined by a final non-appealable order of a court of competent jurisdiction. This provision shall survive the termination of this Agreement and the Credit Agreement and the repayment of the Secured Obligations.

Appears in 2 contracts

Samples: Security Agreement (Omniture, Inc.), Security Agreement (Teltronics Inc)

Indemnity and Expenses. (a) Each Grantor agrees to indemnify Agent and the other members of the Lender Group from and against all claims, lawsuits and liabilities (including reasonable attorneys fees) growing out of or resulting from this Agreement (including enforcement of this Agreement) or any of the other Loan Document Documents to which such Grantor is a party, except claims, losses or liabilities resulting from the gross negligence or willful misconduct of the party seeking indemnification as determined by a final non-appealable order of a court of competent jurisdiction. This provision shall survive the termination of this Agreement and the Credit Agreement and the repayment of the Secured Obligations.

Appears in 2 contracts

Samples: Patent Security Agreement (Servicesource International LLC), Patent Security Agreement (Servicesource International LLC)

Indemnity and Expenses. (a) Each Grantor agrees to indemnify Agent and the other members of the Lender Group Secured Parties from and against all claims, lawsuits and liabilities (including reasonable attorneys attorneys' fees) growing out of or resulting from this Agreement (including enforcement of this Agreement) or any other Loan Document to which such Grantor is a party, except claims, losses or liabilities resulting from the gross negligence or willful misconduct of the party seeking indemnification as determined by a final non-appealable order of a court of competent jurisdiction. This provision shall survive the termination of this Agreement and the Credit Agreement and the repayment of the Secured Obligations.

Appears in 2 contracts

Samples: Guaranty and Security Agreement (Kronos Worldwide Inc), Guaranty and Security Agreement (Kronos Worldwide Inc)

Indemnity and Expenses. (a) Each Grantor agrees to indemnify Agent and the other members of the Lender Group from and against all claims, lawsuits and liabilities (including reasonable attorneys fees) growing out of or resulting from this Agreement (including including, without limitation, enforcement of this Agreement) or any other Loan Document to which such Grantor is a party, except claims, losses or liabilities resulting from the gross negligence or willful misconduct of the party seeking indemnification as determined by a final non-appealable order of a court of competent jurisdiction. This provision shall survive the termination of this Agreement and the Credit Agreement and the repayment of the Secured Obligations.

Appears in 2 contracts

Samples: Security Agreement (Bakers Footwear Group Inc), Security Agreement (Bakers Footwear Group Inc)

Indemnity and Expenses. (a) Each Grantor agrees to indemnify each Agent and the other members of the Lender Group from and against all claims, lawsuits and liabilities (including reasonable attorneys fees) growing out of or resulting from this Agreement (including enforcement of this Agreement) or any other Loan Document to which such Grantor is a party, except claims, losses or liabilities resulting from the gross negligence or willful misconduct of the party seeking indemnification as determined by a final non-appealable order of a court of competent jurisdiction. This provision shall survive the termination of this Agreement and the Credit Agreement and the repayment of the Secured Obligations.

Appears in 1 contract

Samples: Patent Security Agreement (Nuverra Environmental Solutions, Inc.)

Indemnity and Expenses. (a) Each Grantor agrees to indemnify the Collateral Agent and the other members of the Lender Group Secured Creditors from and against all claims, lawsuits and liabilities (including reasonable attorneys fees) growing out of or resulting from this Agreement (including enforcement of this Agreement) or any other Loan Document to which such Grantor is a party, except claims, losses or liabilities resulting from the gross negligence or willful misconduct of the party seeking indemnification as determined by a final non-appealable order of a court of competent jurisdiction. This provision shall survive the termination of this Agreement and the Credit Agreement and the repayment of the Secured Obligations.

Appears in 1 contract

Samples: Security Agreement (Silicon Graphics Inc)

Indemnity and Expenses. (a) Each Grantor agrees to indemnify Agent and the other members of the Lender Noteholder Group from and against all claims, lawsuits and liabilities (including reasonable attorneys fees) growing out of or resulting from this Agreement (including enforcement of this Agreement) or the Indenture or any other Loan Security Document to which such Grantor is a party, except claims, losses or liabilities resulting from the gross negligence or willful misconduct of the party seeking indemnification as determined by a final non-appealable order of a court of competent jurisdiction. This provision shall survive the termination of this Agreement and the Credit Agreement Indenture and the repayment of the Secured Obligations.

Appears in 1 contract

Samples: Security Agreement (Nuverra Environmental Solutions, Inc.)

Indemnity and Expenses. (a) Each Grantor agrees to indemnify Agent and the other members of the Lender Group from and against all claims, lawsuits and liabilities (including reasonable attorneys fees) growing out of or resulting from this Agreement (including enforcement of this Agreement) or any other Loan Document to which such Grantor is a party, except claims, losses or liabilities resulting from the gross negligence or willful misconduct of the party seeking indemnification as determined by a final non-appealable order of a court of competent jurisdiction. This provision shall survive the termination of this Agreement and the Credit Agreement and the repayment of the Secured Obligations.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Advanced Energy Industries Inc)

Indemnity and Expenses. (a) Each Grantor agrees to indemnify Agent and the other members of the Lender Purchaser Group from and against all claims, lawsuits and liabilities (including reasonable attorneys fees) growing out of or resulting from this Agreement (including enforcement of this Agreement) or any other Loan Note Document to which such Grantor is a party, except claims, losses or liabilities resulting from the gross negligence or willful misconduct of the party seeking indemnification as determined by a final non-appealable order of a court of competent jurisdiction. This provision shall survive the termination of this Agreement and the Credit Agreement and the repayment of the Secured Obligations.

Appears in 1 contract

Samples: Patent Security Agreement (Ap Pharma Inc /De/)

Indemnity and Expenses. (a) Each Grantor Guarantor agrees to indemnify Agent and the other members of the Lender Group from and against all claims, lawsuits and liabilities (including reasonable attorneys fees) growing out of or resulting from this Agreement (including enforcement of this Agreement) or any other Loan Document to which such Grantor Guarantor is a party, except claims, losses or liabilities resulting from the gross negligence or willful misconduct of the party seeking indemnification as determined by a final non-appealable order of a court of competent jurisdiction. This provision shall survive the termination of this Agreement and the Credit Agreement and the repayment of the Secured Obligations.

Appears in 1 contract

Samples: Guaranty Agreement (Alion Science & Technology Corp)

Indemnity and Expenses. (a) Each Grantor agrees to indemnify Agent and the other members of the Lender Group from and against all claims, lawsuits and liabilities (including reasonable attorneys fees) growing out of or resulting from this Agreement (including enforcement of this Agreement) or any other Loan Document to which such Grantor is a party, except claims, losses or liabilities resulting from the gross negligence or willful misconduct misconduct, or material breach in bad faith of any obligation, of the party seeking indemnification as finally determined by a final non-appealable order of a court of competent jurisdiction. This provision shall survive the termination of this Agreement and the Credit Agreement and the repayment of the Secured Obligations.

Appears in 1 contract

Samples: Patent Security Agreement (Unifi Inc)

Indemnity and Expenses. (a) Each Grantor agrees to indemnify Administrative Agent and the other members of the Lender Group from and against all claims, lawsuits and liabilities (including reasonable attorneys fees) growing out of or resulting from this Agreement (including including, enforcement of this Agreement) or any other Loan Document to which such Grantor is a party, except claims, losses or liabilities resulting from the gross negligence or willful misconduct of the party seeking indemnification as determined by a final non-appealable order of a court of competent jurisdiction. This provision shall survive the termination of this Agreement and the Credit Agreement and the repayment of the Secured Obligations.

Appears in 1 contract

Samples: Security Agreement (Progressive Gaming International Corp)

Indemnity and Expenses. (a) Each Grantor agrees to indemnify Agent and the other members of the Lender Group from and against all claims, lawsuits and liabilities (including reasonable attorneys fees) growing out of or resulting from this Agreement (including enforcement of this Agreement) or any other Loan Document to which such Grantor is a party, except claims, losses or liabilities resulting from the gross negligence or willful misconduct of the party seeking indemnification or its officers, directors, employees, attorneys, or agents as determined by a final non-appealable order of a court of competent jurisdiction. This provision shall survive the termination of this Agreement and the Credit Agreement and the repayment of the Secured Obligations.

Appears in 1 contract

Samples: Security Agreement (Realpage Inc)

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Indemnity and Expenses. (a) Each Grantor agrees to indemnify Agent and the other members of the Lender Group from and against all claims, lawsuits and liabilities (including reasonable attorneys fees) growing out of or resulting from this Agreement (including enforcement of this Agreement) or any other Loan Document to which such Grantor is a party, except claims, losses or liabilities resulting from the gross negligence or willful misconduct of the party seeking indemnification and its related parties as determined by a final non-appealable order of a court of competent jurisdiction. This provision shall survive the termination of this Agreement and the each Credit Agreement and the repayment of the Secured Obligations.

Appears in 1 contract

Samples: Security Agreement (Stanadyne Holdings, Inc.)

Indemnity and Expenses. (a) Each Grantor agrees to indemnify Collateral Agent and the other members of the Lender Group each Secured Party from and against all claims, lawsuits and liabilities (including reasonable attorneys attorneys’ fees) growing arising out of or resulting from this Agreement (including enforcement of this Agreement) ), any other Loan Document or any other Loan Senior Note Document to which such Grantor is a party, except claims, losses or liabilities resulting from the gross negligence or willful misconduct of the party seeking indemnification as determined by a final non-appealable order of a court of competent jurisdiction. This provision shall survive the termination of this Agreement and Agreement, the Credit Agreement Agreement, the Indenture and the repayment of the Secured Obligations.

Appears in 1 contract

Samples: Security Agreement (American Fiber Systems, Inc.)

Indemnity and Expenses. (a) Each Grantor agrees to indemnify Agent and the other members of the Lender Group from and against all claims, lawsuits and liabilities (including reasonable attorneys fees) growing out of or resulting from this Agreement (including enforcement of this Agreement) or any other Loan Document to which such Grantor is a party, except claims, losses or liabilities resulting from the gross negligence or willful misconduct of the party seeking indemnification as determined by a final non-appealable order of a court of competent jurisdiction, or from any such indemnified Person breaching its material obligations under the Credit Agreement. This provision shall survive the termination of this Agreement Agreement, the Guaranty and the Credit Agreement and the repayment of the Secured Obligations.

Appears in 1 contract

Samples: Security Agreement (WHX Corp)

Indemnity and Expenses. (a) Each Grantor agrees to indemnify Agent and the other members of the Lender Group theCanadian Revolving Lenders from and against all claims, lawsuits and liabilities (including reasonable attorneys fees) growing out of or resulting from this Agreement (including enforcement of this Agreement) or any other Loan Document to which such Grantor is a party, except claims, losses or liabilities resulting from the gross negligence or willful misconduct of the party seeking indemnification as determined by a final non-appealable order of a court of competent jurisdiction. This provision shall survive the termination of this Agreement and the Credit Agreement and the repayment of the Secured Obligations.

Appears in 1 contract

Samples: Patent Security Agreement (Nacco Industries Inc)

Indemnity and Expenses. (a) Each Grantor jointly and severally agrees to indemnify Agent and the other members of the Lender Group from and against all claims, lawsuits and liabilities (including reasonable attorneys fees) growing out of or resulting from this Agreement (including enforcement of this Agreement) or any other Loan First Lien Document to which such Grantor is a party, except claims, losses or liabilities resulting from the gross negligence or willful misconduct of the party seeking indemnification as determined by a final non-appealable order of a court of competent jurisdiction. This provision shall survive the termination of this Agreement and the Credit Agreement Indenture and the repayment of the Secured Obligations.

Appears in 1 contract

Samples: Security Agreement (Platinum Energy Solutions, Inc.)

Indemnity and Expenses. (a) Each Grantor agrees to indemnify Agent and the other members of the Lender Group from and against all claims, lawsuits and liabilities (including reasonable attorneys fees) growing out of or resulting from this Agreement (including enforcement of this Agreement) or any other Loan Document to which such Grantor is a party, except claims, losses or liabilities growing out of or resulting from the gross negligence or willful misconduct of the party seeking indemnification as determined by a final non-appealable order of a court of competent jurisdiction. This provision shall survive the termination of this Agreement and the Credit Agreement and the repayment of the Secured Obligations.

Appears in 1 contract

Samples: Second Amended and Restated Security Agreement (VOXX International Corp)

Indemnity and Expenses. (a) Each Grantor agrees to indemnify Agent and the other members of the Lender Group Lenders from and against all claims, lawsuits and liabilities (including reasonable attorneys fees) growing out of or resulting from this Agreement (including including, without limitation, enforcement of this Agreement) or any other Loan Document to which such Grantor is a party, except claims, losses or liabilities (i) resulting from the gross negligence or willful misconduct of the party seeking indemnification as determined by a final non-appealable order of a court of competent jurisdictionjurisdiction or (ii) relating to disputes between or among Agent and the Lenders. This provision shall survive the termination of this Agreement and the Credit Agreement and the repayment of the Secured Obligations.

Appears in 1 contract

Samples: Security Agreement (Hawaiian Holdings Inc)

Indemnity and Expenses. (a) Each Grantor agrees to indemnify Agent Agent, the Trustee and the other members of the Lender Group Noteholders from and against all claims, lawsuits and liabilities (including reasonable attorneys attorneys’ fees) growing out of or resulting from this Agreement (including enforcement of this Agreement) or any other Loan Indenture Document to which such Grantor is a party, except claims, losses or liabilities resulting from the gross negligence or willful misconduct of the party seeking indemnification as determined by a final non-appealable order of a court of competent jurisdiction. This provision shall survive the termination of this Agreement and the Credit Agreement Indenture and the repayment of the Secured Obligations.

Appears in 1 contract

Samples: Security Agreement (FTS International, Inc.)

Indemnity and Expenses. (a) Each Grantor agrees to indemnify Agent and the other members of the Lender Purchaser Group from and against all claims, lawsuits and liabilities (including reasonable attorneys fees) growing out of or resulting from this Agreement (including including, enforcement of this Agreement) or any other Loan Purchase Document to which such Grantor is a party, except claims, losses or liabilities resulting from the gross negligence or willful misconduct of the party seeking indemnification as determined by a final non-appealable order of a court of competent jurisdiction. This provision shall survive the termination of this Agreement and the Credit Note Purchase Agreement and the repayment of the Secured Obligations.

Appears in 1 contract

Samples: Security Agreement (Progressive Gaming International Corp)

Indemnity and Expenses. (a) Each Grantor agrees to indemnify Agent and the other members of the Lender Group from and against all claims, lawsuits and liabilities (including reasonable attorneys and documented lawyers' fees) growing out of or resulting from this Agreement (including enforcement of this Agreement) or any other Loan Document to which such Grantor is a party, except claims, losses or liabilities resulting from the gross negligence or willful misconduct of the party seeking indemnification as determined by a final non-appealable order of a court of competent jurisdiction. This provision shall survive the termination of this Agreement and the Credit Agreement and the repayment of the Secured Obligations.

Appears in 1 contract

Samples: Canadian Guarantee and Security Agreement (Upland Software, Inc.)

Indemnity and Expenses. (a) Each Grantor jointly and severally agrees to indemnify Agent and the other members of the Lender Group from and against all claims, lawsuits and liabilities (including reasonable attorneys fees) growing out of or resulting from this Agreement (including enforcement of this Agreement) or any other Loan First Lien Document to which such Grantor is a party, except claims, losses or liabilities resulting from the gross negligence or willful misconduct of the party seeking indemnification as determined by a final non-appealable order of a court of competent jurisdiction. This provision shall survive the termination of this Agreement and the Credit Agreement Indenture and the repayment of the Secured Obligations.

Appears in 1 contract

Samples: Patent Security Agreement (Platinum Energy Solutions, Inc.)

Indemnity and Expenses. (a) Each Grantor agrees to indemnify Administrative Agent and the other members of the Lender Group from and against all claims, lawsuits and liabilities (including reasonable attorneys fees) growing out of or resulting from this Agreement (including including, enforcement of this Agreement) or any other Loan Document to which such Grantor is a party, except claims, losses or liabilities resulting from the gross negligence or willful misconduct of the party seeking indemnification as determined by a final non-appealable order of a court of competent jurisdiction. This provision shall survive the termination of this Agreement and the Credit Agreement and the repayment of the Secured Obligations.

Appears in 1 contract

Samples: Security Agreement (Progressive Gaming International Corp)

Indemnity and Expenses. (a) Each Grantor agrees to indemnify Agent and the other members of the Lender Group from and against all claims, lawsuits and liabilities (including reasonable attorneys and documented attorneys' fees) growing out of or resulting from this Agreement (including enforcement of this Agreement) or any other Loan Document to which such Grantor is a party, except claims, losses or liabilities resulting from the gross negligence or willful misconduct of the party seeking indemnification as determined by a final non-appealable order of a court of competent jurisdiction. This provision shall survive the termination of this Agreement and the Credit Agreement and the repayment of the Secured Obligations.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Upland Software, Inc.)

Indemnity and Expenses. (a) Each Grantor agrees to indemnify Agent and the other members of the Lender Purchaser Group from and against all claims, lawsuits and liabilities (including reasonable attorneys fees) growing out of or resulting from this Agreement (including including, enforcement of this Agreement) or any other Loan Purchase Document to which such Grantor is a party, except claims, losses or liabilities resulting from the gross negligence or willful misconduct of the party seeking indemnification as determined by a final non-appealable order of a court of competent jurisdiction. This provision shall survive the termination of this Agreement and the Credit Note Purchase Agreement and the repayment of the Secured Obligations.

Appears in 1 contract

Samples: Security Agreement (Progressive Gaming International Corp)

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