Brokers and Financial Advisors. Borrower and Lender hereby represent that they have dealt with no financial advisors, brokers, underwriters, placement agents, agents or finders in connection with the transactions contemplated by this Agreement. Each Borrower hereby agrees to indemnify and hold Lender harmless from and against any and all claims, liabilities, costs and expenses of any kind in any way relating to or arising from a claim by any Person, that such Person acted on behalf of any Borrower in connection with the transactions contemplated herein. The provisions of this Section shall survive the expiration and termination of this Agreement and the repayment of the Indebtedness.
Appears in 19 contracts
Samples: Loan Agreement, Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc)
Brokers and Financial Advisors. Borrower and Lender hereby represent represents that they have it has dealt with no financial advisors, brokers, underwriters, placement agents, agents or finders in connection with the transactions contemplated by this Agreement. Each Borrower hereby agrees to indemnify and hold Lender harmless from and against any and all claims, liabilities, costs and expenses of any kind in any way relating to or arising from a claim by any Person, Person that such Person acted on behalf of any Borrower in connection with the transactions contemplated herein. The provisions of this Section 9.20 shall survive the expiration and termination of this Agreement and the repayment of the Indebtedness.
Appears in 18 contracts
Samples: Loan Agreement (Affordable Residential Communities Inc), Loan Agreement (Affordable Residential Communities Inc), Loan Agreement (Affordable Residential Communities Inc)
Brokers and Financial Advisors. Borrower and Lender hereby represent represents that they have neither it nor Guarantor has dealt with no any financial advisors, brokers, underwriters, placement agents, agents or finders (other than the Broker) in connection with the transactions contemplated by this Agreement. Each Borrower hereby agrees to shall indemnify and hold Lender harmless from and against any and all claims, liabilities, costs and expenses of any kind in any way relating to or arising from a claim by any Person, Person that such Person acted on behalf of any Borrower in connection with the transactions contemplated hereinin this Agreement. The provisions of this Section shall survive the expiration and termination of this Agreement and the repayment of the Indebtedness.
Appears in 8 contracts
Samples: Loan Agreement (Sears Holdings Corp), Loan Agreement, Loan Agreement (Sears Holdings Corp)
Brokers and Financial Advisors. Borrower and Lender hereby represent that they have dealt with no financial advisors, brokers, underwriters, placement agents, agents or finders in connection with the transactions contemplated by this Agreement. Each Borrower hereby agrees to indemnify and hold Lender harmless from and against any and all claims, liabilities, costs and expenses of any kind in any way relating to or arising from a claim by any Person, that such Person acted on behalf of any Borrower in connection with the transactions contemplated herein. The provisions of this Section shall survive the expiration and termination of this Agreement and the repayment of the Indebtedness.
Appears in 7 contracts
Samples: Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Lazard Freres Real Estate Investors LLC), Loan Agreement (Lazard Freres Real Estate Investors LLC)
Brokers and Financial Advisors. Borrower and Lender hereby represent represents that they neither Borrower nor Sponsor have dealt with no financial advisors, brokers, underwriters, placement agents, agents or finders in connection with the transactions contemplated by this Agreement. Each Borrower hereby agrees to indemnify and hold Lender harmless from and against any and all claims, liabilities, costs and expenses of any kind in any way relating to or arising from a claim by any Person, Person that such Person acted on behalf of any Borrower in connection with the transactions contemplated hereinin this Agreement. The provisions of this Section 9.14 shall survive the expiration and termination of this Agreement and the repayment of the Indebtedness.
Appears in 4 contracts
Samples: Junior Mezzanine Loan Agreement (Gramercy Capital Corp), Senior Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.), Loan Agreement (Gramercy Capital Corp)
Brokers and Financial Advisors. Each Borrower and Lender hereby represent represents that they have it has dealt with no financial advisors, brokers, underwriters, placement agents, agents or finders in connection with the transactions contemplated by this Agreement. Each Borrower Borrowers hereby agrees to indemnify Lender and hold Lender harmless from and against any and all claims, liabilities, costs and expenses of any kind in any way relating to or arising from a claim by any Person, Person that such Person acted on behalf of any Borrower in connection with the transactions contemplated herein. The provisions of this Section 12.21 shall survive the expiration and termination of this Agreement and the repayment of the IndebtednessDebt.
Appears in 4 contracts
Samples: Mezzanine Loan Agreement (Strategic Hotel Capital Inc), Loan Agreement (Strategic Hotel Capital Inc), Mezzanine Loan Agreement (Strategic Hotel Capital Inc)
Brokers and Financial Advisors. Borrower and the Lender hereby represent that they have dealt with no financial advisors, brokers, underwriters, placement agents, agents or finders in connection with the transactions contemplated by this Agreement. Each Borrower and Lender hereby agrees agree to indemnify and hold Lender the other harmless from and against any and all claims, liabilities, costs and expenses of any kind in any way relating to or arising from a claim by any Person, Person that such Person acted on behalf of any Borrower the indemnifying party in connection with the transactions contemplated herein. The provisions of this Section 9.20 shall survive the expiration and termination of this Agreement and the repayment of the Indebtedness.
Appears in 3 contracts
Samples: Loan Agreement (Digital Realty Trust, Inc.), Loan Agreement (Digital Realty Trust, Inc.), Loan Agreement (Digital Realty Trust, Inc.)
Brokers and Financial Advisors. Borrower and Lender Manager hereby represent that they have dealt with no financial advisors, brokers, underwriters, placement agents, agents or finders in connection with the transactions contemplated by this AgreementLoan. Each Borrower Borrower, Manager, and Lender hereby agrees agree to indemnify and hold Lender each other harmless from and against any and all claims, liabilities, costs and expenses of any kind in any way relating to or arising from a claim by any Person, Person that such Person acted on behalf of any Borrower the indemnifying party in connection with the transactions contemplated herein. The provisions of this Section 10.3 shall survive the expiration and termination of this Agreement and the repayment of the IndebtednessDebt.
Appears in 2 contracts
Samples: Loan Agreement (Brookdale Living Communities Inc), Loan Agreement (Brookdale Living Communities Inc)
Brokers and Financial Advisors. Borrower and Lender hereby represent that they have dealt with no financial advisors, brokers, underwriters, placement agents, agents or finders in connection with the transactions contemplated by this AgreementAgreement except Advisor. Each Borrower hereby agrees to indemnify and hold Lender harmless from and against any and all claims, liabilities, costs and expenses of any kind in any way relating to or arising from a claim by any PersonPerson (other than Advisor), that such such. Person acted on behalf of any Borrower in connection with the transactions contemplated herein. The provisions of this Section shall survive the expiration and termination of this Agreement and the repayment of the Indebtedness.
Appears in 2 contracts
Samples: Loan Agreement (Burnham Pacific Properties Inc), Loan Agreement (Burnham Pacific Properties Inc)
Brokers and Financial Advisors. Borrower and Lender hereby represent represents that they have it has dealt with no financial advisors, brokers, underwriters, placement agents, agents or finders in connection with the transactions contemplated by this Agreement. Each Borrower hereby agrees to indemnify indemnifies Lender and hold holds Lender harmless from and against any and all claims, liabilities, costs and expenses of any kind in any way relating to or arising from a claim by any Person, Person that such Person acted on behalf of any Borrower in connection with the transactions contemplated herein. The provisions of this Section 12.21 shall survive the expiration and termination of this Agreement and the repayment of the IndebtednessDebt.
Appears in 2 contracts
Samples: Loan Agreement (Colony Resorts LVH Acquisitions LLC), Loan Agreement (Entertainment Properties Trust)
Brokers and Financial Advisors. Borrower and the initial Lender hereby represent that they have dealt with no financial advisors, brokers, underwriters, placement agents, agents or finders in connection with the transactions contemplated by this Agreement. Each Borrower and initial Lender hereby agrees agree to indemnify and hold Lender the other and Collateral Agent harmless from and against any and all claims, liabilities, costs and expenses of any kind in any way relating to or arising from a claim by any Person, Person that such Person acted on behalf of any Borrower the indemnifying party in connection with the transactions contemplated herein. The provisions of this Section 8.20 shall survive the expiration and termination of this Agreement and the repayment of the Indebtedness.
Appears in 2 contracts
Samples: Loan Agreement (American Financial Realty Trust), Loan Agreement (Gramercy Capital Corp)
Brokers and Financial Advisors. Borrower Owner and Lender hereby represent that they have dealt with no financial advisors, brokers, underwriters, placement agents, agents or finders in connection with the transactions contemplated by this Agreement. Each Borrower Owner and Lender hereby agrees agree to indemnify and hold Lender the other harmless from and against any and all claims, liabilities, costs and expenses of any kind in any way relating to or arising from a claim by any Person, Person that such Person acted on behalf of any Borrower the indemnifying party in connection with the transactions contemplated herein. The provisions of this Section 6.20 shall survive the expiration and termination of this Agreement and the repayment of the Indebtedness.
Appears in 2 contracts
Samples: Loan Agreement (Maxxam Inc), Loan Agreement (Maxxam Inc)
Brokers and Financial Advisors. Borrower and Lender ------------------------------ hereby represent that they have dealt with no financial advisors, brokers, underwriters, placement agents, agents or finders in connection with the transactions contemplated by this Agreement. Each Borrower hereby agrees to indemnify and hold Lender harmless from and against any and all claims, liabilities, costs and expenses of any kind in any way relating to or arising from a claim by any Person, that such Person acted on behalf of any Borrower in connection with the transactions contemplated herein. The provisions of this Section ------- shall survive the expiration and termination of this Agreement and the repayment of the Indebtedness.
Appears in 1 contract
Samples: Loan Agreement (G&l Realty Corp)
Brokers and Financial Advisors. Borrower and Lender hereby represent represents that they have it has dealt with no financial advisors, brokers, underwriters, placement agents, agents or finders in connection with the transactions contemplated by this Agreement. Each Borrower and Lender hereby agrees agree to indemnify and hold Lender the other harmless from and against any and all claims, liabilities, costs and expenses of any kind in any way relating to or arising from a claim by any Person, Person that such Person acted on behalf of any Borrower the indemnifying party in connection with the transactions contemplated herein. The provisions of this Section 10.19 shall survive the expiration and termination of this Agreement and the repayment payment of the IndebtednessDebt.
Appears in 1 contract
Samples: Loan Agreement (Horizon Group Inc)
Brokers and Financial Advisors. Borrower and hereby represents to Lender hereby represent that they have no Borrower or any Affiliate thereof has dealt with no financial advisors, brokers, underwriters, placement agents, agents or finders in connection with the transactions contemplated by this Agreement. Each Borrower hereby agrees to indemnify and hold the Lender harmless from and against any and all claims, liabilities, costs and expenses of any kind in any way (including reasonable attorneys’ fees) relating to or arising from a claim by any Person, Person that such Person acted on behalf of Borrower or any Borrower Affiliate thereof in connection with the transactions contemplated herein. The provisions of this Section shall survive the expiration and termination of this Agreement and the repayment of the IndebtednessDebt.
Appears in 1 contract
Samples: Loan Agreement (Inland Real Estate Income Trust, Inc.)
Brokers and Financial Advisors. Borrower and Lender hereby represent represents that they have it has dealt with no financial advisors, brokers, underwriters, placement agents, agents or finders in connection with the transactions contemplated by this Agreement. Each Borrower hereby agrees to indemnify indemnifies Lender and hold Lender harmless from and against any and all claims, liabilities, costs and expenses of any kind in any way relating to or arising from a claim by any Person, Person that such Person acted on behalf of any Borrower in connection with the transactions contemplated herein. The provisions of this Section 12.21 shall survive the expiration and termination of this Agreement and the repayment of the IndebtednessDebt.
Appears in 1 contract
Samples: Loan Agreement (Colony Resorts LVH Acquisitions LLC)
Brokers and Financial Advisors. Borrower and Lender hereby represent represents that they have it has dealt with no financial advisors, brokers, underwriters, placement agents, agents or finders in connection with the transactions contemplated by this Agreement. Each Borrower Xxxxxxxx hereby agrees to indemnify indemnify, defend and hold Lender Administrative Agent and Xxxxxx harmless from and against any and all claims, liabilities, costs and expenses of any kind Losses in any way relating to or arising from a claim by any Person, Person that such Person acted on behalf of Xxxxxxxx, Administrative Agent or any Borrower Lender in connection with the transactions contemplated herein. The provisions of this Section 10.21 shall survive the expiration and termination of this Agreement and the repayment payment of the IndebtednessDebt.
Appears in 1 contract
Brokers and Financial Advisors. Each of Borrower and Lender hereby represent represents that they have it has dealt with no financial advisors, brokers, underwriters, placement agents, agents or finders in connection with the transactions contemplated by this Agreement. Each of Borrower hereby agrees to indemnify and Lender shall indemnify, defend and hold Lender the other harmless from and against any and all claims, liabilities, costs and expenses of any kind (including Lender’s reasonable attorneys’ fees and expenses) in any way relating to or arising from a claim by any Person, that such Person acted on behalf breach of any Borrower the representation in connection with the transactions contemplated hereinpreceding sentence. The provisions of this Section Section 10.21 shall survive the expiration and termination of this Agreement and the repayment payment of the IndebtednessDebt.
Appears in 1 contract
Brokers and Financial Advisors. Borrower and Lender hereby represent represents that they have it has dealt with no financial advisors, brokers, underwriters, placement agents, agents or finders in connection with the transactions contemplated by this Agreement. Each Borrower hereby agrees to indemnify shall indemnify, defend and hold Lender each Indemnified Party and its officers and directors harmless from and against any and all claims, liabilities, costs and expenses of any kind Losses in any way relating to or arising from a claim Claim by any Person, Person that such Person acted on behalf of Borrower or Agent or any Borrower Lender in connection with the transactions contemplated herein. The provisions of this Section 10.21 shall survive the expiration and termination of this Agreement and the repayment payment of the Indebtedness.Debt. USActive 32926859.13 -107-
Appears in 1 contract
Samples: Loan Agreement (Sothebys)
Brokers and Financial Advisors. Each of Owner and Borrower and Lender hereby represent represents that they have it has dealt with no financial advisors, brokers, underwriters, placement agents, agents or finders in connection with the transactions contemplated by this AgreementLoan. Each Owner, Borrower hereby agrees to and Lender shall indemnify and hold Lender the other harmless from and against any and all claims, liabilities, costs and expenses of any kind in any way relating to or arising from a claim by any Person, Person that such Person acted on behalf of any Borrower the indemnifying party in connection with the transactions contemplated herein. The provisions of this Section 11.3 shall survive the expiration and termination of this Agreement and the repayment of the IndebtednessDebt.
Appears in 1 contract
Brokers and Financial Advisors. Borrower and Lender hereby represent that they have dealt with no financial advisors, brokers, underwriters, placement agents, agents or finders in connection with the transactions contemplated by this Agreement. Each Borrower and Lender hereby agrees agree to indemnify and hold Lender the other harmless from and against any and all claims, liabilities, costs and expenses of any kind in any way relating to or arising from a claim by any Person, Person that such Person acted on behalf of any Borrower the indemnifying party in connection with the transactions contemplated herein. The provisions of this Section 7.21 shall survive the expiration and termination of this Agreement and the repayment of the Indebtedness.
Appears in 1 contract
Brokers and Financial Advisors. Borrower and Lender hereby represent represents that they have it has dealt with no financial advisors, brokers, underwriters, placement agents, agents or finders in connection with the transactions contemplated by this AgreementAgreement except as disclosed to Lender in writing prior to the date hereof. Each Borrower hereby agrees to indemnify indemnify, defend and hold Lender harmless from and against any and all claims, liabilities, costs and expenses of any kind in any way Losses relating to or arising from a claim by any Person, Person that such Person acted on behalf of any Borrower in connection with the transactions contemplated herein. The provisions of this Section 12.19 shall survive the expiration and termination of this Agreement and the repayment of the Indebtedness.. LOAN AGREEMENT 61 Loan No. 374-1407
Appears in 1 contract
Samples: Loan Agreement (EQT Exeter Real Estate Income Trust, Inc.)
Brokers and Financial Advisors. Borrower and Lender hereby represent that they have dealt with no financial advisors, brokers, underwriters, placement agents, agents or finders in connection with the transactions contemplated by this AgreementAgreement except MCA of New York, Inc. and Advisor. Each Borrower hereby agrees to indemnify and hold Lender harmless from and against any and all claims, liabilities, costs and expenses of any kind in any way relating to or arising from a claim by any PersonPerson (other than Advisor), that such Person acted on behalf of any Borrower in connection with the transactions contemplated herein. The provisions of this Section shall survive the expiration and termination of this Agreement and the repayment of the Indebtedness.
Appears in 1 contract
Samples: Loan Agreement (Mark Centers Trust)
Brokers and Financial Advisors. Borrower and Lender hereby represent that they have dealt with no financial advisors, brokers, underwriters, placement agents, agents or finders in connection with the transactions contemplated by this Agreement. Each Borrower and Lender hereby agrees agree to indemnify and hold Lender the other harmless from and against any and all claims, liabilities, costs and expenses of any kind in any way relating to or arising from a claim by any Person, that such Person acted on behalf of any Borrower or Lender, as applicable, in connection with the transactions contemplated herein. The provisions of this Section shall survive the expiration and termination of this Agreement and the repayment of the Indebtedness.
Appears in 1 contract
Brokers and Financial Advisors. Borrower and Lender hereby represent represents that they neither Borrower nor Sponsor have dealt with no any financial advisors, brokers, underwriters, placement agents, agents or finders in connection with the transactions contemplated by this Agreement. Each Borrower hereby agrees to indemnify and hold Lender harmless from and against any and all claims, liabilities, costs and expenses of any kind in any way relating to or arising from a claim by any Person, Person that such Person acted on behalf of any Borrower in connection with the transactions contemplated hereinin this Agreement. The provisions of this Section 9.14 shall survive the expiration and termination of this Agreement and the repayment of the Indebtedness.
Appears in 1 contract