Common use of BORROWER'S INDEMNITY TO THE LENDERS Clause in Contracts

BORROWER'S INDEMNITY TO THE LENDERS. 7.1 Borrowers’ Indemnity to Lenders 7.1.1 any sum paid or due and payable by such Finance Party under any Letter of Credit requested by it; and 7.1.2 all liabilities, costs (including, without limitation, any costs incurred in funding any amount which falls due from such Lender in connection with such Letter of Credit), claims, losses and expenses which such Finance Party may at any time reasonably incur or sustain in connection with any Letter of Credit (in each case, invoiced in reasonable detail), provided that such indemnity shall not, as to any Finance Party, be available to the extent that such liabilities, costs, claims, losses, damages or related expenses have resulted from the gross negligence or wilful misconduct of any Finance Party. Each Borrower waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to enforce the Transaction Security before claiming from such Borrower under this Clause 7. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Validus Holdings LTD)

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BORROWER'S INDEMNITY TO THE LENDERS. 7.1 Borrowers’ Borrower's Indemnity to Lenders 7.1.1 any sum paid or due and payable by such Finance Party under any such Letter of Credit requested by itCredit; and 7.1.2 all liabilities, costs (including, without limitation, any costs incurred in funding any amount which falls due from such Lender in connection with such Letter of Credit), claims, losses and expenses which such Finance Party may at any time reasonably incur or sustain in connection with any Letter of Credit (in each case, invoiced in reasonable detail), provided that such indemnity shall not, as to any Finance Party, be available to the extent that such liabilities, costs, claims, losses, damages or related expenses have resulted from the gross negligence or wilful misconduct of any Finance Party. Each The Borrower waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to enforce the Transaction Security before claiming from such the Borrower under this Clause 7. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 1 contract

Samples: Standby Letter of Credit Facility Agreement (Validus Holdings LTD)

BORROWER'S INDEMNITY TO THE LENDERS. 7.1 Borrowers' Indemnity to Lenders 7.1.1 any sum paid or due and payable by such Finance Party under any Letter of Credit requested by it; and 7.1.2 all liabilities, costs (including, without limitation, any costs incurred in funding any amount which falls due from such Lender in connection with such Letter of Credit), claims, losses and expenses which such Finance Party may at any time reasonably incur or sustain in connection with any Letter of Credit (in each case, invoiced in reasonable detail), provided that such indemnity shall not, as to any Finance Party, be available to the extent that such liabilities, costs, claims, losses, damages or related expenses have resulted from the gross negligence or wilful misconduct of any Finance Party. Each Borrower waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to enforce the Transaction Security before claiming from such Borrower under this Clause 7. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Validus Holdings LTD)

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BORROWER'S INDEMNITY TO THE LENDERS. 7.1 Borrowers’ Borrower’s Indemnity to Lenders 7.1.1 any sum paid or due and payable by such Finance Party under any such Letter of Credit requested by itCredit; and 7.1.2 all liabilities, costs (including, without limitation, any costs incurred in funding any amount which falls due from such Lender in connection with such Letter of Credit), claims, losses and expenses which such Finance Party may at any time reasonably incur or sustain in connection with any Letter of Credit (in each case, invoiced in reasonable detail), provided that such indemnity shall not, as to any Finance Party, be available to the extent that such liabilities, costs, claims, losses, damages or related expenses have resulted from the gross negligence or wilful misconduct of any Finance Party. Each The Borrower waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to enforce the Transaction Security before claiming from such the Borrower under this Clause 7. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Validus Holdings LTD)

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