Common use of Obligors’ indemnity Clause in Contracts

Obligors’ indemnity. Each Obligor shall promptly indemnify the relevant Agent and the Proceeds Agent against any cost, loss or liability (together with any applicable VAT) incurred by any of them: (A) in relation to or as a result of: (i) any failure by KEL or KEFI to comply with obligations under Clause 14 (COSTS AND EXPENSES); (ii) the taking, holding, protection or enforcement of the Transaction Security; (iii) the exercise of any of the rights, powers, discretions and remedies vested in the relevant Agent by the Finance Documents or by law; or (iv) any default by any Obligor in the performance of any of the obligations expressed to be assumed by it in the Finance Documents; or (B) which otherwise relates to any of the Secured Property or the performance of the terms of this Agreement (otherwise than as a result of its gross negligence or wilful misconduct). Each Obligor expressly acknowledges and agrees that the continuation of its indemnity obligations under this Clause 15.1 (Obligors’ indemnity) will not be prejudiced by any release or disposal under Clause 8.1 (Distressed Disposals) taking into account the operation of Clause 8.1.

Obligors’ indemnity. Each Obligor shall promptly indemnify the relevant Security and Intercreditor Agent and the Proceeds Agent every Receiver and Delegate against any cost, loss or liability (together with any applicable VAT) incurred by any of them: (A) in relation to or as a result of: (i) any failure by KEL or KEFI to comply with obligations under Clause 14 (COSTS AND EXPENSES); (ii) the taking, holding, protection or enforcement of the Transaction Security; (iii) the exercise of any of the rights, powers, discretions and remedies vested in the relevant Agent Security and Intercreditor Agent, each Receiver and each Delegate by the Finance Documents or by law; or (iv) any default by any Obligor in the performance of any of the obligations expressed to be assumed by it in the Finance Documents; or (B) which otherwise relates to any of the Secured Property or the performance of the terms of this Agreement (otherwise than as a result of its gross negligence or wilful misconduct). Each Obligor expressly acknowledges and agrees that the continuation of its indemnity obligations under this Clause 15.1 31.1 (Obligors’ indemnity) will not be prejudiced by any release or disposal under Clause 8.1 8.2 (Distressed Disposals) taking into account the operation of that Clause 8.18.2 (Distressed Disposals).

Obligors’ indemnity. Each Obligor shall promptly indemnify the relevant Security Agent and the Proceeds Agent every Receiver and Delegate against any cost, loss or liability (together with any applicable VAT) incurred by any of them: (A) in relation to or as a result of: (i) any failure by KEL or KEFI the Borrower to comply with obligations under Clause 14 (COSTS AND EXPENSESCosts and Expenses); (ii) the taking, holding, protection or enforcement of the Transaction Security; (iii) the exercise of any of the rights, powers, discretions and remedies vested in the relevant Agent Security Agent, each Receiver and each Delegate by the Finance Documents or by law; or (iv) any default by any Obligor in the performance of any of the obligations expressed to be assumed by it in the Finance Documents; or (B) which otherwise relates to any of the Secured Security Property or the performance of the terms of this Agreement (otherwise than as a result of its gross negligence or wilful misconductmisconduct and in the case of the Security Agent under the Onshore Security Assignment as a result of its breach of trust or the duty of care and diligence required of it as trustee under this Agreement). Each Obligor expressly acknowledges and agrees that the continuation of its indemnity obligations under this Clause 15.1 (Obligors’ indemnity) will not be prejudiced by any release or disposal under Clause 8.1 9.2 (Distressed Disposals) taking into account the operation of that Clause 8.19.2.

Obligors’ indemnity. Each Obligor shall promptly indemnify the relevant Security and Intercreditor Agent and the Proceeds Agent every Receiver and Delegate against any cost, loss or liability (together with any applicable VAT) incurred by any of them: (A) in relation to or as a result of: (i) any failure by KEL or KEFI to comply with obligations under Clause 14 (COSTS AND EXPENSES); (ii) the taking, holding, protection or enforcement of the Transaction Security; (iii) the exercise of any of the rights, powers, discretions and remedies vested in the relevant Agent Security and Intercreditor Agent, each Receiver and each Delegate by the Finance Documents or by law; or (iv) any default by any Obligor in the performance of any of the obligations expressed to be assumed by it in the Finance Documents; or (B) which otherwise relates to any of the Secured Property or the performance of the terms of this Agreement (otherwise than as a result of its gross negligence or wilful misconduct). Each Obligor expressly acknowledges and agrees that the continuation of its indemnity obligations under this Clause 15.1 (Obligors’ indemnity) will not be prejudiced by any release or disposal under Clause 8.1 8.2 (Distressed Disposals) taking into account the operation of that Clause 8.18.2 (Distressed Disposals).