Certain Rights. With the approval of Beneficiary, Trustee shall have the right to select, employ and consult with counsel. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by it hereunder, believed by it in good faith to be genuine. Trustee shall be entitled to reimbursement for actual, reasonable expenses incurred by it in the performance of its duties and to reasonable compensation for Trustee’s services hereunder as shall be rendered. Grantor shall, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and indemnify, defend and save Trustee harmless against, all liability and reasonable expenses which may be incurred by it in the performance of its duties, including those arising from joint, concurrent, or comparative negligence of Trustee; provided, however, that Grantor shall not be liable under such indemnification to the extent such liability or expenses result solely from Trustee’s gross negligence or willful misconduct. Grantor’s obligations under this Section 8.1 shall not be reduced or impaired by principles of comparative or contributory negligence.
Appears in 7 contracts
Samples: Credit Agreement (Dean Foods Co), Base Indenture (DineEquity, Inc), Senior Secured Term Loan Credit Agreement (Aventine Renewable Energy Holdings Inc)
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to select, employ and consult with counsel. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by it hereunder, believed by it in good faith to be genuine. Trustee shall be entitled to reimbursement for actual, reasonable expenses incurred by it in the performance of its duties and to reasonable compensation for Trustee’s services hereunder as shall be rendered. Grantor shall, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and indemnify, defend and save Trustee harmless against, all liability and reasonable expenses which may be incurred by it in the performance of its duties, including those arising from joint, concurrent, or comparative negligence of Trustee; provided, however, that Grantor shall not be liable under such indemnification to the extent such liability or expenses result solely from Trustee’s or Beneficiary’s gross negligence or willful misconduct. Grantor’s obligations under this Section 8.1 shall not be reduced or impaired by principles of comparative or contributory negligence.
Appears in 6 contracts
Samples: Deed of Trust (GNLV Corp), Deed of Trust, Assignment of Rents and Leases, Fixture Filing and Security Agreement (GNLV Corp), Deed of Trust, Assignment of Rents and Leases, Fixture Filing and Security Agreement (GNLV Corp)
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to select, employ and consult with counsel. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by it him hereunder, believed by it him in good faith to be genuine. Trustee shall be entitled to reimbursement for actual, reasonable expenses incurred by it him in the performance of its duties and to reasonable compensation for Trustee’s services hereunder as shall be renderedhis duties. Grantor shall, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and indemnify, defend and save Trustee harmless against, all liability and reasonable expenses which may be incurred by it him in the performance of its his duties, including those arising from the joint, concurrent, or comparative negligence of Trustee; provided, however, that Grantor shall not be liable under such indemnification to the extent such liability or expenses result solely from Trustee’s gross negligence or willful misconductmisconduct hereunder. Grantor’s obligations under this Section 8.1 7.1 shall not be reduced or impaired by principles of comparative or contributory negligence.
Appears in 3 contracts
Samples: Deed of Trust, Security Agreement, Assignment of Leases and Rents and Fixture Filing (Green Plains Inc.), Deed of Trust, Security Agreement and Fixture Filing (KBS Strategic Opportunity REIT, Inc.), Deed of Trust, Security Agreement and Fixture Filing (360 Global Wine Co)
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to select, employ and consult with counsel. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by it him hereunder, believed by it him in good faith to be genuine. Trustee shall be entitled to reimbursement for actual, reasonable expenses incurred by it him in the performance of its duties and to reasonable compensation for Trustee’s services hereunder as shall be renderedhis duties. Grantor shall, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and indemnify, defend and save Trustee harmless against, all liability and reasonable expenses which may be incurred by it him in the performance of its his duties, including those arising from the joint, concurrent, or comparative negligence of Trustee; provided, however, that Grantor shall not be liable under such indemnification to the extent such liability or expenses result solely from Trustee’s gross negligence or willful misconductmisconduct hereunder. Grantor’s obligations under this Section 8.1 shall not be reduced or impaired by principles of comparative or contributory negligence.
Appears in 3 contracts
Samples: Deed of Trust, Security Agreement, Amended and Restated Deed of Trust, Security Agreement, Assignment of Rents and Leases and Fixture Filing (Pantry Inc), Deed of Trust (Pantry Inc)
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to select, employ and consult with counsel. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by it hereunder, believed by it in good faith to be genuine. Trustee shall be entitled to reimbursement for actual, reasonable expenses incurred by it in the performance of its duties and to reasonable compensation for Trustee’s 's services hereunder as shall be rendered. Grantor shall, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and indemnify, defend and save Trustee harmless against, all liability and reasonable expenses which may be incurred by it in the performance of its duties, including those arising from joint, concurrent, or comparative negligence of Trustee; provided, however, that Grantor shall not be liable under such indemnification to the extent such liability or expenses result solely from Trustee’s 's gross negligence or willful misconduct. Grantor’s 's obligations under this Section 8.1 shall not be reduced or impaired by principles of comparative or contributory negligence.
Appears in 3 contracts
Samples: Contribution and Loan Agreement (Delphi Properties Inc), Credit Agreement (Headwaters Inc), Second Lien Credit Agreement (Headwaters Inc)
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to select, employ and consult with counsel. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by it hereunder, believed by it in good faith to be genuine. Trustee shall be entitled to reimbursement for actual, reasonable expenses incurred by it in the performance of its duties and to reasonable compensation for Trustee’s services hereunder as shall be rendered. Grantor shallGRANTOR SHALL, from time to timeFROM TIME TO TIME, pay the compensation due to Trustee hereunder and reimburse Trustee forPAY THE COMPENSATION DUE TO TRUSTEE HEREUNDER AND REIMBURSE TRUSTEE FOR, and indemnifyAND INDEMNIFY, defend and save Trustee harmless againstDEFEND AND SAVE TRUSTEE HARMLESS AGAINST, all liability and reasonable expenses which may be incurred by it in the performance of its duties, including those arising from joint, concurrent, or comparative negligence of TrusteeALL LIABILITY AND REASONABLE EXPENSES WHICH MAY BE INCURRED BY IT IN THE PERFORMANCE OF ITS DUTIES; provided, however, that Grantor shall not be liable under such indemnification to the extent such liability or expenses result solely from Trustee’s or Beneficiary’s gross negligence negligence, willful misconduct or willful misconduct. Grantor’s obligations under this Section 8.1 shall not be reduced or impaired by principles of comparative or contributory negligenceactions taken in bad faith.
Appears in 2 contracts
Samples: Line of Credit Deed of Trust (Erickson Air-Crane Inc.), Line of Credit Deed of Trust (Erickson Air-Crane Inc.)
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to select, employ and consult with legal counsel. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by it Trustee hereunder, believed by it Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual, reasonable expenses incurred by it Trustee in the performance of its duties and to reasonable compensation for Trustee’s services hereunder as shall be renderedduties. Grantor shall, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and indemnify, defend and save Trustee harmless against, all liability and reasonable expenses which may be incurred by it Trustee in the performance of its Trustee’s duties, including those arising from the joint, concurrent, or comparative negligence of Trustee; provided, however, that Grantor shall not be liable under such indemnification to the extent such liability or expenses result solely from Trustee’s 's gross negligence or willful misconductmisconduct hereunder. Grantor’s 's obligations under this Section 8.1 7.1 shall not be reduced or impaired by principles of comparative or contributory negligence.
Appears in 2 contracts
Samples: Deed of Trust, Security Agreement and Fixture Filing (Mission West Properties Inc), Deed of Trust, Security Agreement and Fixture Filing (Mission West Properties Inc)
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to select, employ and consult with counsel. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by it hereunder, believed by it in good faith to be genuine. Trustee shall be entitled to reimbursement for actual, reasonable expenses incurred by it in the performance of its duties and to reasonable compensation for Trustee’s 's services hereunder as shall be rendered. Grantor shall, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and indemnify, defend and save Trustee harmless against, all liability and reasonable expenses which may be incurred by it in the performance of its duties, including those arising from joint, concurrent, or comparative negligence of Trustee; provided, however, that Grantor shall not be liable under such indemnification to the extent such liability or expenses result solely from Trustee’s 's gross negligence or willful misconduct. Grantor’s 's obligations under this Section 8.1 shall not be reduced or impaired by principles of comparative or contributory negligence.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (Icg Communications Inc /De/), Credit Agreement (Icg Communications Inc /De/)
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to select, employ and consult with counsel. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by it hereunder, believed by it in good faith to be genuine. Subject to applicable law, Trustee shall be entitled to reimbursement for actual, reasonable expenses incurred by it in the performance of its duties and to reasonable compensation for Trustee’s 's services hereunder as shall be rendered. Grantor shall, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and indemnify, defend and save Trustee harmless against, all liability and reasonable expenses which may be incurred by it in the performance of its duties, including those arising from joint, concurrent, or comparative negligence of Trustee; provided, however, that Grantor shall not be liable under such indemnification to the extent such liability or expenses result solely from Trustee’s 's or Beneficiary's gross negligence or willful misconduct. Grantor’s 's obligations under this Section 8.1 shall not be reduced or impaired by principles of comparative or contributory negligence.
Appears in 2 contracts
Samples: Deed of Trust, Assignment of Rents and Leases and Security Agreement (Interdent Inc), Deed of Trust, Assignment of Rents and Leases and Security Agreement (Interdent Inc)
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to select, employ and consult with counsel. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by it hereunder, believed by it in good faith to be genuine. Trustee shall be entitled to reimbursement for actual, reasonable expenses incurred by it in the performance of its duties and to reasonable compensation for Trustee’s services hereunder as shall be rendered. Grantor shall, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and indemnify, defend and save Trustee harmless against, all liability and reasonable expenses which may be incurred by it in the performance of its duties, including those arising from joint, concurrent, or comparative negligence of Trustee; provided, however, that Grantor shall not be liable under such indemnification to the extent such liability or expenses result solely from Trustee’s gross negligence or willful misconduct. Grantor’s obligations under this Section 8.1 8.01 shall not be reduced or impaired by principles of comparative or contributory negligence.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Houghton Mifflin Harcourt Co), Term Loan Credit Agreement (Houghton Mifflin Harcourt Co)
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to select, employ and consult with counsel. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by it hereunder, believed by it in good faith to be genuine. Trustee shall be entitled to reimbursement for actual, reasonable expenses incurred by it in the performance of its duties and to reasonable compensation for Trustee’s services hereunder as shall be rendered. Grantor shall, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and indemnify, defend and save Trustee harmless against, all liability and reasonable expenses which may be incurred by it in the performance of its duties, including those arising from joint, concurrent, or comparative negligence of Trustee; provided, however, that Grantor shall not be liable under such indemnification to the extent such liability or expenses result solely from Trustee’s gross negligence or willful misconduct. Grantor’s obligations under this Section 8.1 0 shall not be reduced or impaired by principles of comparative or contributory negligence.
Appears in 1 contract
Samples: Base Indenture (Wendy's Co)
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to select, employ and consult with counsel. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by it him hereunder, believed by it him in good faith to be genuine. Trustee shall be entitled to reimbursement for actual, reasonable expenses incurred by it him in the performance of its duties and his duties, including those arising from the joint, concurrent or comparative negligence of Trustee; however, Grantor shall not be liable under such indemnification to reasonable compensation for the extent such liability or expenses result solely from Trustee’s services hereunder as shall be rendered's gross negligence or willful misconduct hereunder. Grantor shall, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and indemnify, defend and save Trustee harmless against, all liability and reasonable expenses which may be incurred by it him in the performance of its duties, including those his duties other than liabilities or expenses arising from joint, concurrent, or comparative negligence accruing as a result of Trustee; provided, however, that Grantor shall not be liable under such indemnification to the extent such liability or expenses result solely from Trustee’s 's gross negligence or willful misconduct. Grantor’s 's obligations under this Section 8.1 shall not be reduced or impaired by principles of comparative or contributory negligence.
Appears in 1 contract
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to select, employ and consult with legal counsel. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by it Trustee hereunder, believed by it Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual, reasonable expenses incurred by it Trustee in the performance of its duties and to reasonable compensation for Trustee’s services hereunder as shall be renderedduties. Grantor shall, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and indemnify, defend and save Trustee harmless against, all liability and reasonable expenses which may be incurred by it Trustee in the performance of its duties, including those arising from the joint, concurrent, or comparative negligence of Trustee; provided, however, that Grantor shall not be liable under such indemnification to the extent such liability or expenses result solely from Trustee’s gross negligence or willful misconductmisconduct hereunder. Grantor’s obligations under this Section 8.1 7.1 shall not be reduced or impaired by principles of comparative or contributory negligence.
Appears in 1 contract
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to select, employ and consult with counsel. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by it him hereunder, reasonably believed by it him in good faith to be genuine. Trustee shall be entitled to reimbursement for actual, reasonable expenses incurred by it him in the performance of its duties and to reasonable compensation for Trustee’s services hereunder as shall be renderedhis duties. Grantor shall, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and indemnify, defend and save Trustee harmless against, all liability and reasonable expenses which may be incurred by it him in the performance of its his duties, including those arising from the joint, concurrent, or comparative negligence of Trustee; provided, however, that Grantor shall not be liable under such indemnification to the extent such liability or expenses result solely from Trustee’s 's or Beneficiary's gross negligence or willful misconductmisconduct hereunder. Grantor’s 's obligations under this Section 8.1 7.1 shall not be reduced or impaired by principles of comparative or contributory negligence.
Appears in 1 contract
Samples: Deed of Trust, Security Agreement and Fixture Filing (Winston Hotels Inc)
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to select, employ and consult with counsel. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by it him hereunder, believed by it him in good faith to be genuine. Trustee shall be entitled to reimbursement for actual, reasonable expenses incurred by it him in the performance of its his duties and to reasonable compensation for Trustee’s services hereunder as shall be renderedhereunder. Grantor shall, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and indemnify, defend and save Trustee harmless against, all liability and reasonable expenses which may be incurred by it him in the performance of its his duties, including those arising from the joint, concurrent, or comparative negligence of Trustee; provided, however, that Grantor shall not be liable under such indemnification to the extent such liability or expenses result solely from Trustee’s gross negligence or willful misconductmisconduct hereunder. Grantor’s obligations under this Section 8.1 7.1 shall not be reduced or impaired by principles of comparative or contributory negligence.
Appears in 1 contract
Samples: Deed of Trust and Security Agreement (NNN 2003 Value Fund LLC)
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to select, employ and consult with counsel. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by it hereunder, believed by it in good faith to be genuine. Trustee shall be entitled to reimbursement for actual, reasonable expenses incurred by it in the performance of its duties and to reasonable compensation for Trustee’s 's services hereunder as shall be rendered. Grantor shall, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and indemnify, defend and save Trustee harmless against, all liability and reasonable expenses which may be incurred by it in the performance of its duties, including those arising from joint, concurrent, or comparative negligence of Trustee; provided, however, that Grantor shall not be liable under such indemnification to the extent such liability or expenses result solely from Trustee’s 's gross negligence or willful misconduct. Grantor’s 's obligations under this Section 8.1 .1 shall not be reduced or impaired by principles of comparative or contributory negligence.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Medical Device Manufacturing, Inc.)
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to select, employ and consult with counsel. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by it such Trustee hereunder, believed by it such Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual, reasonable expenses incurred by it such Trustee in the performance of its duties and to reasonable compensation for Trustee’s services hereunder as shall be renderedhis duties. Grantor shall, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and indemnify, defend and save Trustee harmless against, all liability and reasonable expenses which may be incurred by it such Trustee in the performance of its such Trustee's duties, including those arising from the joint, concurrent, or comparative negligence of Trustee; provided, however, that Grantor shall not be liable under such indemnification to the extent such liability or expenses result solely from Trustee’s 's gross negligence or willful misconductmisconduct hereunder. Grantor’s 's obligations under this Section 8.1 6.02 shall not be reduced or impaired by principles of comparative or contributory negligence.
Appears in 1 contract
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to select, employ and consult with counsel. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by it hereunder, believed by it in good faith to be genuine. Trustee shall be entitled to reimbursement for actual, reasonable expenses incurred by it in the performance of its duties and to reasonable compensation for Trustee’s services hereunder as shall be rendered. Grantor shall, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and indemnify, defend and save Trustee harmless against, all liability and reasonable expenses which may be incurred by it in the performance of its duties, including those arising from joint, concurrent, or comparative negligence of Trustee; provided, however, that Grantor shall not be liable under such indemnification to the extent such liability or expenses result solely from Trustee’s gross negligence or willful misconduct. Except to the extent prohibited by law, Grantor’s obligations under this Section 8.1 shall not be reduced or impaired by principles of comparative or contributory negligence.
Appears in 1 contract
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to select, employ and consult with counsel. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by it hereunder, believed by it in good faith to be genuine. Trustee shall be entitled to reimbursement for actual, reasonable expenses incurred by it in the performance of its duties and to reasonable compensation for Trustee’s services hereunder as shall be rendered. Grantor shall, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and indemnify, defend and save Trustee harmless against, all liability and reasonable expenses which may be incurred by it in the performance of its duties, including those arising from joint, concurrent, or comparative negligence of Trustee; provided, however, that Grantor shall not be liable under such indemnification to the extent such liability or expenses result solely from Trustee’s or Beneficiary’s gross negligence or willful misconduct. Grantor’s obligations under this Section 8.1 9.1 shall not be reduced or impaired by principles of comparative or contributory negligence.
Appears in 1 contract
Samples: Leasehold and Fee Deed of Trust (Oasis Interval Ownership, LLC)
Certain Rights. With the approval of Beneficiary, Trustee shall have the right to select, employ and consult with counsel. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by it him hereunder, believed by it him in good faith to be genuine. Trustee shall be entitled to reimbursement for actual, reasonable expenses incurred by it him in the performance of its duties and his duties, including those arising from the joint, concurrent, or comparative negligence of Trustee; however, Grantor shall not be liable under such indemnification to reasonable compensation for the extent such liability or expenses result solely from Trustee’s services hereunder as shall be renderedgross negligence or willful misconduct hereunder. Grantor shall, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and indemnify, defend and save Trustee harmless against, all liability and reasonable expenses which may be incurred by it him in the performance of its his duties, including those arising from joint, concurrent, or comparative negligence of Trustee; provided, however, that Grantor shall not be liable under such indemnification to the extent such liability or expenses result solely from Trustee’s gross negligence or willful misconduct. Grantor’s obligations under this Section 8.1 shall not be reduced or impaired by principles of comparative or contributory negligence.
Appears in 1 contract
Samples: Credit Agreement (Uap Holding Corp)