Common use of Indemnity and Expenses Clause in Contracts

Indemnity and Expenses. (a) Grantors jointly and severally agree to indemnify Secured Party, each Lender and each Interest Rate Exchanger from and against any and all claims, losses and liabilities in any way relating to, growing out of or resulting from this Agreement and the transactions contemplated hereby (including without limitation enforcement of this Agreement), except to the extent such claims, losses or liabilities result solely from Secured Party's or such Lender's or Interest Rate Exchanger's gross negligence or willful misconduct as finally determined by a court of competent jurisdiction.

Appears in 7 contracts

Samples: Security Agreement (Urs Corp /New/), Security Agreement (Aurora Foods Inc /Md/), Security Agreement (Outsourcing Solutions Inc)

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Indemnity and Expenses. (a) Grantors jointly and severally agree to indemnify Secured Party, each Lender and each Interest Rate Exchanger Swap Counterparty from and against any and all claims, losses and liabilities in any way relating to, growing out of or resulting from this Agreement and the transactions contemplated hereby (including including, without limitation limitation, enforcement of this Agreement), except to the extent such claims, losses or liabilities result solely from Secured Party's ’s or such Lender's ’s or Interest Rate Exchanger's Swap Counterparty’s gross negligence or willful misconduct as finally determined by a court of competent jurisdiction.

Appears in 6 contracts

Samples: Security Agreement (FTD Group, Inc.), Security Agreement (FTD Group, Inc.), Credit Agreement (FTD Group, Inc.)

Indemnity and Expenses. (a) Grantors Pledgors jointly and severally agree to indemnify Secured Party, each Lender and each Interest Rate Exchanger from and against any and all claims, losses and liabilities in any way relating to, growing out of or resulting from this Agreement and the transactions contemplated hereby (including without limitation enforcement of this Agreement), except to the extent such claims, losses or liabilities result solely from Secured Party's or such Lender's or Interest Rate Exchanger's gross negligence or willful misconduct as finally determined by a court of competent jurisdiction.

Appears in 5 contracts

Samples: Security Agreement (Outsourcing Solutions Inc), Credit Agreement (DMW Worldwide Inc), Security Agreement (Aurora Foods Inc /Md/)

Indemnity and Expenses. (a) Grantors jointly and severally agree to indemnify Secured Party, Party and each Lender and each Interest Rate Exchanger from and against any and all claims, losses and liabilities in any way relating to, growing out of or resulting from this Agreement and the transactions contemplated hereby (including without limitation enforcement of this Agreement), except to the extent such claims, losses or liabilities result solely from Secured Party's or such Lender's or Interest Rate Exchanger's gross negligence or willful misconduct as finally determined by a court of competent jurisdiction.

Appears in 5 contracts

Samples: Security Agreement (Covanta Energy Corp), Security Agreement (Loewen Group Inc), Security Agreement (Ironton Iron Inc)

Indemnity and Expenses. (a) Grantors jointly and severally agree to indemnify Secured Party, each Lender Party and each Interest Rate Exchanger Bank from and against any and all claims, losses and liabilities in any way relating to, growing out of or resulting from this Agreement and the transactions contemplated hereby (including without limitation enforcement of this Agreement), except to the extent such claims, losses or liabilities result solely from Secured Party's or such Lender's or Interest Rate ExchangerBank's gross negligence or willful misconduct as finally determined by a court of competent jurisdiction.

Appears in 3 contracts

Samples: Pledge and Security Agreement (Levi Strauss & Co), Pledge and Security Agreement (Levi Strauss & Co), Pledge and Security Agreement (Levi Strauss & Co)

Indemnity and Expenses. (a) Grantors jointly and severally agree Grantor agrees to indemnify Secured Party, Party and each Lender and each Interest Rate Exchanger from and against any and all claims, losses and liabilities in any way relating to, growing out of or resulting from this Agreement and the transactions contemplated hereby (including including, without limitation limitation, enforcement of this Agreement), except to the extent such claims, losses or liabilities result solely from Secured Party's or such Lender's or such Interest Rate Exchanger's gross negligence or willful misconduct as finally determined by a court of competent jurisdiction.

Appears in 3 contracts

Samples: Security Agreement (Diamond Brands Operating Corp), Subsidiary Trademark Security Agreement (Diamond Brands Operating Corp), Subsidiary Trademark Security Agreement (Diamond Brands Operating Corp)

Indemnity and Expenses. (a) Grantors jointly and severally agree to indemnify Secured Party, each Lender and each Interest Rate Exchanger Hedge Provider from and against any and all claims, losses and liabilities in any way relating to, growing out of or resulting from this Agreement and the transactions contemplated hereby (including including, without limitation limitation, enforcement of this Agreement), except to the extent such claims, losses or liabilities result solely from Secured Party's ’s or such Lender's ’s or Interest Rate Exchanger's Hedge Provider’s gross negligence or willful misconduct as finally determined by a court of competent jurisdiction.

Appears in 2 contracts

Samples: Security Agreement (Isle of Capri Casinos Inc), Security Agreement (Isle of Capri Casinos Inc)

Indemnity and Expenses. (a) Grantors jointly and severally agree to indemnify Secured Party, each Lender and each Interest Rate Exchanger Swap Counterparty from and against any and all claims, losses and liabilities in any way relating to, growing out of or resulting from this Agreement and the transactions contemplated hereby (including including, without limitation limitation, enforcement of this Agreement), except to the extent such claims, losses or liabilities result solely from Secured Party's ’s or such Lender's ’s or Interest Rate Exchanger's Swap Counterparty’s gross negligence negligence, bad faith or willful misconduct as finally determined by a court of competent jurisdiction.

Appears in 2 contracts

Samples: Security Agreement (United Online Inc), Credit Agreement (United Online Inc)

Indemnity and Expenses. (a) Grantors jointly and severally agree to indemnify Secured Party, each Lender and each Interest Rate Exchanger Hedge Agreement Counterparty from and against any and all claims, losses and liabilities in any way relating to, growing out of or resulting from this Agreement and the transactions contemplated hereby (including including, without limitation limitation, enforcement of this Agreement), except to the extent such claims, losses or liabilities result solely from Secured Party's ’s or such Lender's ’s or Interest Rate Exchanger's Hedge Agreement Counterparty’s gross negligence or willful misconduct as finally determined by a court of competent jurisdiction.

Appears in 2 contracts

Samples: Security Agreement (Bare Escentuals Inc), Security Agreement (Bare Escentuals Inc)

Indemnity and Expenses. (a) Grantors jointly and severally agree to indemnify Secured Party, each Lender and each Interest Rate Hedge Exchanger from and against any and all claims, losses and liabilities in any way relating to, growing out of or resulting from this Agreement and the transactions contemplated hereby (including without limitation enforcement of this Agreement), except to the extent such claims, losses or liabilities result solely from Secured Party's or such Lender's or Interest Rate Hedge Exchanger's gross negligence or willful misconduct as finally determined by a court of competent jurisdiction.

Appears in 2 contracts

Samples: Security Agreement (Autotote Corp), Security Agreement (Autotote Corp)

Indemnity and Expenses. (a) Grantors jointly and severally agree to indemnify Secured Party, each Lender and each Interest Rate Exchanger Party from and against any and all claims, losses and liabilities in any way relating to, growing out of or resulting from this Agreement and the transactions contemplated hereby (including including, without limitation limitation, enforcement of this Agreement), except to the extent such claims, losses or liabilities result solely from Secured Party's or such Lender's or Interest Rate Exchanger's gross negligence or willful misconduct as finally determined by a court of competent jurisdiction.

Appears in 2 contracts

Samples: Pledge Agreement (Umami Sustainable Seafood Inc.), Pledge Agreement (Umami Sustainable Seafood Inc.)

Indemnity and Expenses. (a) Grantors jointly and severally agree to indemnify Secured Party, each Lender and each Interest Rate Exchanger Party from and against any and all claims, losses and liabilities in any way relating to, growing out of or resulting from this Agreement and the transactions contemplated hereby (including including, without limitation limitation, enforcement of this Agreement), except to the extent such claims, losses or liabilities result solely from Secured Party's or such Lender's or Interest Rate Exchanger's ’s gross negligence or willful misconduct as finally determined by a court of competent jurisdiction.

Appears in 2 contracts

Samples: Pledge Agreement (Umami Sustainable Seafood Inc.), Security Agreement (O2diesel Corp)

Indemnity and Expenses. (a) Grantors Each Grantor jointly and severally agree agrees to indemnify Secured Party, each Lender and each Interest Rate Exchanger Party from and against any and all claims, losses and liabilities in any way relating to, growing out of or resulting from this Agreement and the transactions contemplated hereby (including including, without limitation limitation, enforcement of this Agreement), except to the extent such claims, losses or liabilities result solely from Secured Party's (or such Lenderits officer's, employee's or Interest Rate Exchanger's agent's) gross negligence or willful misconduct as finally determined by a court of competent jurisdiction.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Regent Communications Inc), Pledge and Security Agreement (Fruehauf Trailer Corp)

Indemnity and Expenses. (a) Grantors jointly and severally agree to indemnify Secured Party, each Lender and each Interest Rate Exchanger from and against any and all claims, losses and liabilities in any way relating to, growing out of or resulting from this Agreement and the transactions contemplated hereby (including without limitation enforcement of this Agreement), except to the extent such claims, losses or liabilities result solely from Secured Party's or such Lender's or Interest Rate Exchanger's gross negligence or willful misconduct as finally determined by a court of competent jurisdiction.

Appears in 1 contract

Samples: Credit Agreement (Sunrise Medical Inc)

Indemnity and Expenses. (a) Grantors jointly and severally agree to indemnify Secured Party, each Lender and each Interest Rate Exchanger Swap Counterparty from and against any and all claims, losses and liabilities in any way relating to, growing out of or resulting from this Agreement and the transactions contemplated hereby (including without limitation enforcement of this Agreement), except to the extent such claims, losses or liabilities result solely from Secured Party's ’s or such Lender's ’s or Interest Rate Exchanger's Swap List of Exhibits Counterparty’s gross negligence or willful misconduct as finally determined by a court of competent jurisdiction.

Appears in 1 contract

Samples: Security Agreement (Urs Corp /New/)

Indemnity and Expenses. (a) The Grantors jointly and severally agree to indemnify the Secured Party, each Lender and each Interest Rate Exchanger Selected Revolving Lender from and against any and all claims, losses and liabilities in any way relating to, growing out of or resulting from this Agreement and the transactions contemplated hereby (including without limitation enforcement of this Agreement), except to the extent such claims, losses or liabilities result solely from the Secured Party's or such Lender's or Interest Rate ExchangerSelected Revolving Lender's gross negligence or willful misconduct as finally determined by a court of competent jurisdiction.

Appears in 1 contract

Samples: Pledge and Security Agreement (Levi Strauss & Co)

Indemnity and Expenses. (a) Grantors jointly and severally agree to indemnify Secured Party, each Lender and each Interest Rate Exchanger Derivative Counterparty from and against any and all claims, losses and liabilities in any way relating to, growing out of or resulting from this Agreement and the transactions contemplated hereby (including including, without limitation limitation, enforcement of this Agreement), except to the extent such claims, losses or liabilities result solely from Secured Party's or such Lender's or Interest Rate ExchangerDerivative Counterparty's gross negligence or willful misconduct as finally determined by a court of competent jurisdiction.

Appears in 1 contract

Samples: Security Agreement (Hines Horticulture Inc)

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Indemnity and Expenses. (a) Grantors jointly and severally agree to indemnify Secured Party, each Lender and each Interest Rate Exchanger from and against any and all claims, losses and liabilities in any way relating to, growing out of or resulting from this Agreement and the transactions contemplated hereby (including including, without limitation limitation, enforcement of this Agreement), except to the extent such claims, losses or liabilities result solely from Secured Party's or such Lender's or Interest Rate Exchanger's gross negligence or willful misconduct as finally determined by a court of competent jurisdiction.

Appears in 1 contract

Samples: Security Agreement (Arterial Vascular Engineering Inc)

Indemnity and Expenses. (a) Grantors Each Grantor, jointly and severally agree severally, agrees to indemnify Secured Party, each Lender and each Interest Rate Exchanger Party from and against any and all claims, losses and liabilities in any way relating to, growing out of or resulting from this Agreement and the transactions contemplated hereby (including including, without limitation limitation, enforcement of this Agreement), except to the extent such claims, losses or liabilities result solely from Secured Party's or such Lender's or Interest Rate Exchanger's ’s gross negligence or willful misconduct as finally determined by a court of competent jurisdiction.

Appears in 1 contract

Samples: Security Agreement (Eldorado Resorts LLC)

Indemnity and Expenses. (a) Grantors jointly and severally agree Grantor agrees to indemnify Secured Party, each Lender and each Interest Rate Exchanger from and against any and all claims, losses and liabilities in any way relating to, growing out of or resulting from this Agreement and the transactions contemplated hereby (including including, without limitation limitation, enforcement of this Agreement), except to the extent such claims, losses or liabilities result solely from Secured Party's or such Lender's or Interest Rate Exchanger's gross negligence or willful misconduct as finally determined by a court of competent jurisdiction.

Appears in 1 contract

Samples: Credit Agreement (Blackbaud Inc)

Indemnity and Expenses. (a) Grantors jointly and severally agree to indemnify Secured Party, each Lender Bank and each Interest Rate Exchanger Derivative/FX Lender from and against any and all claims, losses and liabilities in any way relating to, growing out of or resulting from this Agreement and the transactions contemplated hereby (including without limitation enforcement of this Agreement), except to the extent such claims, losses or liabilities result solely from Secured Party's or such LenderBank's or Interest Rate ExchangerDerivative/FX Lender's gross negligence or willful misconduct as finally determined by a court of competent jurisdiction.

Appears in 1 contract

Samples: Pledge and Security Agreement (Levi Strauss & Co)

Indemnity and Expenses. (a) Grantors jointly and severally agree Grantor agrees to indemnify Secured Party, each Lender and each Interest Rate Exchanger Exchanger, from and against any and all claims, losses and liabilities in any way relating to, growing out of or resulting from this Agreement and the transactions contemplated hereby (including including, without limitation limitation, enforcement of this Agreement), except to the extent such claims, losses or liabilities result solely from Secured Party's or 's, such Lender's or such Interest Rate Exchanger's gross negligence or willful misconduct as finally determined by a court of competent jurisdiction.

Appears in 1 contract

Samples: Credit Agreement (Dominicks Supermarkets Inc)

Indemnity and Expenses. (a) Grantors jointly and severally agree to indemnify the Secured Party, each Lender and each Interest Rate Exchanger Party from and against any and all claims, losses and liabilities in any way relating to, growing out of or resulting from this Agreement and the transactions contemplated hereby (including including, without limitation limitation, enforcement of this Agreement), except to the extent such claims, losses or liabilities result solely from the Secured Party's or such Lender's or Interest Rate Exchanger's ’s gross negligence or willful misconduct as finally determined by a court of competent jurisdiction.

Appears in 1 contract

Samples: Security Agreement (Decode Genetics Inc)

Indemnity and Expenses. (a) Grantors jointly and severally agree to indemnify Secured Party, Party and each Lender and each Interest Rate Exchanger from and against any and all claims, losses and liabilities in any way relating to, growing out of or resulting from this Agreement and the transactions contemplated hereby (including including, without limitation limitation, enforcement of this Agreement), except to the extent such claims, losses or liabilities result solely from Secured Party's ’s or such Lender's or Interest Rate Exchanger's ’s gross negligence or willful misconduct as finally determined by a final non-appealable judgment of a court of competent jurisdiction.

Appears in 1 contract

Samples: Security Agreement (Talbots Inc)

Indemnity and Expenses. (a) Grantors jointly and severally agree to indemnify Secured Party, each Lender Secured Creditor and each Interest Rate Exchanger Swap Counterparty from and against any and all claims, losses and liabilities in any way relating to, growing out of or resulting from this Agreement and the transactions contemplated hereby (including including, without limitation limitation, enforcement of this Agreement), except to the extent such claims, losses or liabilities result solely from Secured Party's or such LenderSecured Creditor's or Interest Rate Exchangersuch Swap Counterparty's gross negligence or willful misconduct as finally determined by a court of competent jurisdiction.

Appears in 1 contract

Samples: Security Agreement (Reliance Steel & Aluminum Co)

Indemnity and Expenses. (a) Grantors jointly and severally agree Grantor agrees to indemnify Secured Party, each Lender and each Interest Rate Exchanger from and against any and all claims, losses and liabilities in any way relating to, growing out of or resulting from this Agreement and the transactions contemplated hereby (including including, without limitation limitation, enforcement of this Agreement), except to the extent such claims, losses or liabilities result solely from Secured Party's or 's, such Lender's or such Interest Rate Exchanger's gross negligence or willful misconduct as finally determined by a court of competent jurisdiction.

Appears in 1 contract

Samples: Credit Agreement (Dominicks Supermarkets Inc)

Indemnity and Expenses. (a) Grantors jointly and severally agree to indemnify Secured Party, each Lender and each Interest Rate Exchanger Xxxxxx from and against any and all claims, losses and liabilities in any way relating to, growing out of or resulting from this Agreement and the transactions contemplated hereby (including without limitation enforcement of this Agreement), except to the extent such claims, losses or liabilities result solely from Secured Party's or such Lender's or Interest Rate Exchanger's gross Xxxxxx'x xxxxx negligence or willful misconduct as finally determined by a court of competent jurisdiction.

Appears in 1 contract

Samples: Credit Agreement (Planvista Corp)

Indemnity and Expenses. (a) Grantors jointly and severally agree to indemnify Secured Party, each Lender and each Interest Rate Exchanger Swap Counterparty from and against any and all claims, losses and liabilities in any way relating to, growing out of or resulting from this Agreement and the transactions contemplated hereby (including including, without limitation limitation, enforcement of this Agreement), except to the extent such claims, losses or liabilities result solely from Secured Party's ’s or such Lender's ’s or Interest Rate Exchanger's Swap Counterparty’s gross negligence or willful misconduct as finally determined by a court of competent jurisdiction.

Appears in 1 contract

Samples: Security Agreement (Quidel Corp /De/)

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