FCAF definition
Examples of FCAF in a sentence
In any event, the Indemnified Party shall give FCAF advance written notice of any proposed compromise or settlement of any such claim.
If the remedy sought in any such action or demand is solely money damages, FCAF shall have fifteen (15) days after receipt of such notice of settlement to object to the proposed compromise or settlement, and if it does so object, FCAF shall be required to undertake, conduct and control, through counsel of its own choosing and at its sole expense, the settlement or defense thereof, and the Indemnified Party shall cooperate with the Indemnifying Party in connection therewith.
In no event shall Hill have any obligation to proceed against FCAF, any other entity or any security pledged in connection with the Indebtedness before seeking satisfaction from the Guarantor.
Hill may, at its option, proceed, prior or subsequent to, or simultaneously with, the enforcement of its rights hereunder, to exercise any right or remedy it may have against FCAF, any other entity or any security pledged in connection with the Indebtedness.
If the facts giving rise to any claim for indemnification shall involve any actual or threatened action or demand by any third party against an Indemnified Party, FCAF shall be entitled (without prejudice to the Indemnified Party's right to participate at its own expense through counsel of its own choosing), at its expense and through a single counsel of its own choosing, to defend or prosecute such claim in the name of FCAF, or if necessary, in the name of the Indemnified Party.
FCAF shall indemnify and hold harmless the Indemnified Parties from and against the Obligations, including payments, liabilities, costs (including attorneys fees and costs), and penalties thereunder, however arising.
This Guaranty shall be terminated upon: (i) the payment by FCAF or the Guarantor, either jointly or severally, of the aggregate amount of Indebtedness outstanding, and (ii) the payment and performance of all obligations by the Guarantor which may be due to Hill under this Guaranty or otherwise.
If a claim shall arise for which any Indemnified Party shall be entitled to indemnification hereunder, the Indemnified Party shall notify FCAF in writing on receipt of notice of, or an Indemnified Party's obtaining actual knowledge of, such claim.