Common use of Right to Defend Clause in Contracts

Right to Defend. The Borrower will have the right, through the appointment of counsel, to participate in and/or control any action, suit or proceeding for which it is liable as an indemnitor under Section 16.1; provided that:

Appears in 6 contracts

Samples: Credit Agreement (Harvest Operations Corp.), Credit Agreement (Harvest Operations Corp.), Assignment Agreement (Harvest Operations Corp.)

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Right to Defend. The Borrower will have the right, through the appointment of counsel, to participate in and/or control any action, suit or proceeding for which it is liable as an indemnitor under Section 16.116.1 or 16.2; provided that:

Appears in 4 contracts

Samples: Credit Agreement (Penn West Petroleum Ltd.), Credit Agreement (ENERPLUS Corp), Credit Agreement (Penn West Energy Trust)

Right to Defend. The Borrower will have the right, through the appointment of counsel, to participate in and/or control any action, suit or proceeding for which it is liable as an indemnitor under Section 16.117.1; provided that:

Appears in 1 contract

Samples: Credit Agreement (Penn West Energy Trust)

Right to Defend. The Borrower will have the right, through the appointment of counsel, to participate in and/or control any action, suit or proceeding for which it is liable as an indemnitor under Section 16.114.1 or 14.2; provided that:

Appears in 1 contract

Samples: Term Credit Agreement (ENERPLUS Corp)

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Right to Defend. The Borrower will have the right, through the appointment of counsel, to participate in and/or control any action, suit or proceeding for which it is liable as an indemnitor under Section 16.115.1; provided that:

Appears in 1 contract

Samples: Credit Agreement (Harvest Energy Trust)

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