Common use of Borrower Indemnity Regarding Filings Clause in Contracts

Borrower Indemnity Regarding Filings. In connection with filings under the Exchange Act, Borrowers shall (i) indemnify Lender, the GCM Group and the Underwriter Group for any Liabilities to which Lender, the GCM Group or the Underwriter Group may become subject insofar as the Liabilities arise out of or are based upon the omission to state in the Provided Information a material fact required to be stated in the Provided Information in order to make the statements in the Provided Information, in light of the circumstances under which they were made not misleading and (ii) reimburse Lender, the GCM Group or the Underwriter Group for any legal or other expenses actually incurred by Lender, GCM Group or the Underwriter Group in connection with defending or investigating the Liabilities. Notwithstanding anything to the contrary contained in this Section 9.1.4, nothing contained herein shall impose liability upon Borrowers for any Liabilities arising out of or based upon an untrue statement of any material fact contained in any Third Party Report, unless Borrowers had actual knowledge at the time Borrowers provided such statement, report or document to Lender that such Third Party Report contains such untrue statement.

Borrower Indemnity Regarding Filings. In connection with filings under the Exchange Act, Borrowers Borrower shall (i) indemnify Lender, the GCM Group and the Underwriter Group for any Liabilities to which Lender, the GCM Group or the Underwriter Group may become subject insofar as the Liabilities arise out of or are based upon the omission to state in the Provided Information a material fact required to be stated in the Provided Information in order to make the statements in the Provided Information, in light of the circumstances under which they were made not misleading and (ii) reimburse Lender, the GCM Group or the Underwriter Group for any legal or other expenses actually incurred by Lender, GCM Group or the Underwriter Group in connection with defending or investigating the Liabilities. Notwithstanding anything to the contrary contained in this Section 9.1.4, nothing contained herein shall impose liability upon Borrowers Borrower for any Liabilities arising out of or based upon an untrue statement of any material fact contained in any Third Party Report, unless Borrowers Borrower had actual knowledge at the time Borrowers Borrower provided such statement, report or document to Lender that such Third Party Report contains such untrue statement.

Borrower Indemnity Regarding Filings. In connection with filings under the Exchange Act, Borrowers Borrower shall (i) indemnify Lender, the GCM Citigroup Group and the Underwriter Group for any Liabilities to which Lender, the GCM Citigroup Group or the Underwriter Group may become subject insofar as the Liabilities arise out of or are based upon the omission to state in the Provided Information a material fact required to be stated in the Provided Information in order to make the statements in the Provided Information, in light of the circumstances under which they were made not misleading and (ii) reimburse Lender, the GCM Citigroup Group or the Underwriter Group for any legal or other expenses actually incurred by Lender, GCM Citigroup Group or the Underwriter Group in connection with defending or investigating the Liabilities. Notwithstanding anything to the contrary contained in this Section 9.1.4, nothing contained herein shall impose liability upon Borrowers Borrower for any Liabilities arising out of or based upon an untrue statement of any material fact contained in any Third Party Report, unless Borrowers Borrower had actual knowledge at the time Borrowers Borrower provided such statement, report or document to Lender that such Third Party Report contains such untrue statement.

Borrower Indemnity Regarding Filings. In connection with filings under the Exchange Act, Borrowers Borrower shall (i) indemnify Lender, the GCM Citigroup Group and the Underwriter Group for any Indemnified Liabilities to which Lender, the GCM Citigroup Group or the Underwriter Group may become subject insofar as the Indemnified Liabilities arise out of or are based upon the omission to state in the Provided Information a material fact required to be stated in the Provided Information in order to make the statements in the Provided Information, in light of the circumstances under which they were made not misleading and (ii) reimburse Lender, the GCM Citigroup Group or the Underwriter Group for any legal or other expenses actually incurred by Lender, GCM Citigroup Group or the Underwriter Group in connection with defending or investigating the Indemnified Liabilities. Notwithstanding anything to the contrary contained in this Section 9.1.4, nothing contained herein shall impose liability upon Borrowers Borrower for any Indemnified Liabilities arising out of or based upon an untrue statement of any material fact contained in any Third Party Report, unless Borrowers Borrower had actual knowledge at the time Borrowers Borrower provided such statement, report or document to Lender that such Third Party Report contains such untrue statement.

Borrower Indemnity Regarding Filings. In connection with filings under the Exchange Act, Borrowers shall (i) indemnify Lender, the GCM Citigroup Group and the Underwriter Group for any Liabilities to which Lender, the GCM Citigroup Group or the Underwriter Group may become subject insofar as the Liabilities arise out of or are based upon the omission to state in the Provided Information a material fact required to be stated in the Provided Information in order to make the statements in the Provided Information, in light of the circumstances under which they were made not misleading and (ii) reimburse Lender, the GCM Citigroup Group or the Underwriter Group for any legal or other expenses actually incurred by Lender, GCM Citigroup Group or the Underwriter Group in connection with defending or investigating 66 the Liabilities. Notwithstanding anything to the contrary contained in this Section 9.1.4, nothing contained herein shall impose liability upon Borrowers for any Liabilities arising out of or based upon an untrue statement of any material fact contained in any Third Party Report, unless Borrowers had actual knowledge at the time Borrowers provided such statement, report or document to Lender that such Third Party Report contains such untrue statement.

Borrower Indemnity Regarding Filings. In connection with filings under the Exchange Act, Borrowers shall (i) indemnify Lender, the GCM Citigroup Group and the Underwriter Group for any Liabilities to which Lender, the GCM Citigroup Group or the Underwriter Group may become subject insofar as the Liabilities arise out of or are based upon the omission to state in the Provided Information a material fact required to be stated in the Provided Information in order to make the statements in the Provided Information, in light of the circumstances under which they were made not misleading and (ii) reimburse Lender, the GCM Citigroup Group or the Underwriter Group for any legal or other expenses actually incurred by Lender, GCM Citigroup Group or the Underwriter Group in connection with defending or investigating the Liabilities. Notwithstanding anything to the contrary contained in this Section 9.1.4, nothing contained herein shall impose liability upon Borrowers for any Liabilities arising out of or based upon an untrue statement of any material fact contained in any Third Party Report, unless Borrowers had actual knowledge at the time Borrowers provided such statement, report or document to Lender that such Third Party Report contains such untrue statement.

Borrower Indemnity Regarding Filings. In connection with filings under the Exchange Act, Borrowers Borrower shall (i) indemnify Lender, the GCM Lxxxxx Group and the Underwriter Group for any Liabilities to which Lender, the GCM Lxxxxx Group or the Underwriter Group may become subject insofar as the Liabilities arise out of or are based upon the omission to state in the Provided Information a material fact required to be stated in the Provided Information in order to make the statements in the Provided Information, in light of the circumstances under which they were made not misleading and (ii) reimburse Lender, the GCM Lxxxxx Group or the Underwriter Group for any legal or other expenses actually incurred by Lender, GCM Lxxxxx Group or the Underwriter Group in connection with defending or investigating the Liabilities. Notwithstanding anything to the contrary contained in this Section 9.1.4, nothing contained herein shall impose liability upon Borrowers Borrower for any Liabilities arising out of or based upon an untrue statement of any material fact contained in any Third Party Report, unless Borrowers Borrower had actual knowledge at the time Borrowers Borrower provided such statement, report or document to Lender that such Third Party Report contains such untrue statement.

Borrower Indemnity Regarding Filings. In connection with filings under the Exchange Act, Borrowers Borrower shall (A) indemnify any (i) indemnify Lenderunderwriter, syndicate member or placement agent (collectively, the GCM Group "UNDERWRITERS") retained by Lender or its issuing company affiliate ("ISSUER") in connection with a Secondary Market Transaction, and (ii) the Underwriter Group Indemnified Parties, for any Indemnified Liabilities to which Lender, the GCM Group any such Underwriter or the Underwriter Group Indemnified Party may become subject insofar as the Liabilities arise arising out of or are based upon the omission to state in the Provided Information a material fact required to be stated in the Provided Information in order to make the statements in the Provided Information, in light of the circumstances under which they were made not misleading misleading, and (iiB) reimburse Lender, the GCM Group or the any such Underwriter Group and Indemnified Party for any legal or other expenses actually incurred by Lender, GCM Group or the Underwriter Group it in connection with defending or investigating the Indemnified Liabilities. Notwithstanding anything to the contrary contained in this Section 9.1.4, nothing contained herein shall impose liability upon Borrowers a Borrower for any Indemnified Liabilities arising out of or based upon an untrue statement of any material fact contained in any Third Party Report, unless Borrowers Borrower had actual knowledge at the time Borrowers Borrower provided such statement, report or document to Lender that such Third Party Report contains such untrue statement.