Common use of Costs, Expenses and Indemnity Clause in Contracts

Costs, Expenses and Indemnity. (a) The Borrower shall, within 5 (five) Business Days of demand by the Lender, pay to the Lender all costs, charges, expenses, taxes and liabilities of any kind (including, without limitation, legal, professional and out-of-pocket expenses) together with VAT on such amounts incurred by the Lender arising at any time as a result of or in connection with: i) the negotiation, preparation or execution of the Finance Documents; ii) taking, holding, protecting, preserving or perfecting the Security created (or intended to be created) by any Finance Document; and/or iii) responding to, considering or implementing any request for a consent, amendment or waiver to any Finance Document, together with interest, which shall accrue and be payable (without the need for any demand for payment being made) from the date on which the relevant cost, charge, expense, tax or liability arose until discharge in full of that cost, charge, expense, tax or liability (whether before or after judgment (or in Scotland, decree), liquidation, winding up, administration or bankruptcy (or in Scotland, sequestration) of the Borrower) at the rate and in the manner specified in this Agreement. (b) The Borrower must within 5 (five) Business Days of demand by the Lender, pay to the Lender on a full indemnity basis all costs, losses and liabilities (including, without limitation, legal, professional and out-of-pocket expenses) together with VAT on such amounts incurred by the Lender arising at any time as a result of or in connection with: i) the occurrence of any Event of Default; or ii) the preservation and/or enforcement of any rights of the Lender under any Finance Document, together with interest, which shall accrue and be payable (without the need for any demand for payment being made) from the date on which the relevant cost, charge, expense, tax or liability arose until discharge in full of that cost, charge, expense, tax or liability (whether before or after judgment (or in Scotland, decree), liquidation, winding up, administration or bankruptcy (or in Scotland, sequestration) of the Borrower) at the rate and in the manner specified in this Agreement. (c) Any past or present employee or agent of the Lender may enforce the terms of clause 11 subject to and in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999.

Appears in 4 contracts

Samples: Term Loan Agreement, Term Loan Agreement, Oxbury Smallholder Mortgage Term Loan Account General Terms and Conditions

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Costs, Expenses and Indemnity. (a) 10.1 The Borrower shall, within 5 (five) Business Days of demand by the Lender, pay to the Lender all costs, charges, expenses, taxes and liabilities of any kind (including, without limitation, legal, professional and out-of-pocket expenses) together with VAT on such amounts incurred by the Lender arising at any time as a result of or in connection with: i) 10.1.1 the negotiation, preparation or execution of the Finance Documents; ii) 10.1.2 taking, holding, protecting, preserving or perfecting the Security created (or intended to be created) by any Finance Document; and/or iii) 10.1.3 responding to, considering or implementing any request for a consent, amendment or waiver to any Finance Document, together with interest, which shall accrue and be payable (without the need for any demand for payment being made) from the date on which the relevant cost, charge, expense, tax or liability arose until discharge in full of that cost, charge, expense, tax or liability (whether before or after judgment (or in Scotland, decree), ) liquidation, winding up, administration or bankruptcy (or in Scotland, sequestration) of the Borrower) at the rate and in the manner specified in this Agreement. (b) 10.2 The Borrower must within 5 (five) Business Days of demand by the Lender, pay to the Lender on a full indemnity basis all costs, losses and liabilities (including, without limitation, legal, professional and out-of-pocket expenses) together with VAT on such amounts incurred by the Lender arising at any time as a result of or in connection with: i) 10.2.1 the occurrence of any Event of Default; or ii) 10.2.2 the preservation and/or enforcement of any rights of the Lender under any Finance Document, together with interest, which shall accrue and be payable (without the need for any demand for payment being made) from the date on which the relevant cost, charge, expense, tax or liability arose until discharge in full of that cost, charge, expense, tax or liability (whether before or after judgment (or in Scotland, decree), liquidation, winding up, administration or bankruptcy (or in Scotland, sequestration) of the Borrower) at the rate and in the manner specified in this Agreement. (c) 10.3 Any past or present employee or agent of the Lender may enforce the terms of clause 11 10 subject to and in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999.

Appears in 3 contracts

Samples: Oxbury Farm Credit Account General Terms and Conditions, General Terms and Conditions, General Terms and Conditions

Costs, Expenses and Indemnity. (a) 10.1 The Borrower shall, within 5 (five) Business Days of demand by the Lender, pay to the Lender all costs, charges, expenses, taxes and liabilities of any kind (including, without limitation, legal, professional and out-of-pocket expenses) together with VAT on such amounts incurred by the Lender arising at any time as a result of or in connection with: i) 10.1.1 the negotiation, preparation or execution of the Finance Documents; ii) 10.1.2 taking, holding, protecting, preserving or perfecting the Security created (or intended to be created) by any Finance Document; and/or iii) 10.1.3 responding to, considering or implementing any request for a consent, amendment or waiver to any Finance Document, together with interest, which shall accrue and be payable (without the need for any demand for payment being made) from the date on which the relevant cost, charge, expense, tax or liability arose until discharge in full of that cost, charge, expense, tax or liability (whether before or after judgment (or in Scotland, decree), ) liquidation, winding up, administration or bankruptcy (or in Scotland, sequestration) of the Borrower) at the rate and in the manner specified in this Agreement. (b) 10.2 The Borrower must within 5 (five) Business Days of demand by the Lender, pay to the Lender on a full indemnity basis all costs, losses losses, and liabilities (including, without limitation, legal, professional and out-of-pocket expenses) together with VAT on such amounts incurred by the Lender arising at any time as a result of or in connection with: i) 10.2.1 the occurrence of any Event of Default; or ii) 10.2.2 the preservation and/or enforcement of any rights of the Lender under any Finance Document, together with interest, which shall accrue and be payable (without the need for any demand for payment being made) from the date on which the relevant cost, charge, expense, tax or liability arose until discharge in full of that cost, charge, expense, tax or liability (whether before or after judgment (or in Scotland, decree), liquidation, winding up, administration or bankruptcy (or in Scotland, sequestration) of the Borrower) at the rate and in the manner specified in this Agreement. (c) 10.3 Any past or present employee or agent of the Lender may enforce the terms of clause 11 10 subject to and in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999.

Appears in 2 contracts

Samples: Facility Agreement, Facility Agreement

Costs, Expenses and Indemnity. (a) 9.1 The Borrower shall, within 5 (five) Business Days of demand by the Lender, pay to the Lender all costs, charges, expenses, taxes and liabilities of any kind (including, without limitation, legal, professional and out-of-pocket expenses) together with VAT on such amounts incurred by the Lender arising at any time as a result of or in connection with: i) 9.1.1 the negotiation, preparation or execution of the Finance Documents; ii) 9.1.2 taking, holding, protecting, preserving or perfecting the Security created (or intended to be created) by any Finance Document; and/or iii) 9.1.3 responding to, considering or implementing any request for a consent, amendment or waiver to any Finance Document, together with interest, which shall accrue and be payable (without the need for any demand for payment being made) from the date on which the relevant cost, charge, expense, tax or liability arose until discharge in full of that cost, charge, expense, tax or liability (whether before or after judgment (or in Scotland, decree), ) liquidation, winding up, administration or bankruptcy (or in Scotland, sequestration) of the Borrower) at the rate and in the manner specified in this Agreement. (b) 9.2 The Borrower must within 5 (five) Business Days of demand by the Lender, pay to the Lender on a full indemnity basis all costs, losses and liabilities (including, without limitation, legal, professional and out-of-pocket expenses) together with VAT on such amounts incurred by the Lender arising at any time as a result of or in connection with: i) 9.2.1 the occurrence of any Event of Default; or ii) 9.2.2 the preservation and/or enforcement of any rights of the Lender under any Finance Document, together with interest, which shall accrue and be payable (without the need for any demand for payment being made) from the date on which the relevant cost, charge, expense, tax or liability arose until discharge in full of that cost, charge, expense, tax or liability (whether before or after judgment (or in Scotland, decree), liquidation, winding up, administration or bankruptcy (or in Scotland, sequestration) of the Borrower) at the rate and in the manner specified in this Agreement. (c) 9.3 Any past or present employee or agent of the Lender may enforce the terms of clause 11 10 subject to and in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999.

Appears in 1 contract

Samples: Oxbury Flexi Credit Agreement

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Costs, Expenses and Indemnity. (a) 11.1. The Borrower shall, within 5 (five) Business Days of demand by the Lender, pay to the Lender all costs, charges, expenses, taxes and liabilities of any kind (including, without limitation, legal, professional and out-of-pocket expenses) together with VAT on such amounts incurred by the Lender arising at any time as a result of or in connection with: i) 11.1.1. the negotiation, preparation or execution of the Finance Documents; ii) 11.1.2. taking, holding, protecting, preserving or perfecting the Security created (or intended to be created) by any Finance Document; and/or iii) 11.1.3. responding to, considering or implementing any request for a consent, amendment or waiver to any Finance Document, together with interest, which shall accrue and be payable (without the need for any demand for payment being made) from the date on which the relevant cost, charge, expense, tax or liability arose until discharge in full of that cost, charge, expense, tax or liability (whether before or after judgment (or in Scotland, decree), liquidation, winding up, administration or bankruptcy (or in Scotland, sequestration) of the Borrower) at the rate and in the manner specified in this Agreement. (b) 11.2. The Borrower must within 5 (five) Business Days of demand by the Lender, pay to the Lender on a full indemnity basis all costs, losses and liabilities (including, without limitation, legal, professional and out-of-pocket expenses) together with VAT on such amounts incurred by the Lender arising at any time as a result of or in connection with: i) 11.2.1. the occurrence of any Event of Default; or ii) 11.2.2. the preservation and/or enforcement of any rights of the Lender under any Finance Document, together with interest, which shall accrue and be payable (without the need for any demand for payment being made) from the date on which the relevant cost, charge, expense, tax or liability arose until discharge in full of that cost, charge, expense, tax or liability (whether before or after judgment (or in Scotland, decree), liquidation, winding up, administration or bankruptcy (or in Scotland, sequestration) of the Borrower) at the rate and in the manner specified in this Agreement. (c) 11.3. Any past or present employee or agent of the Lender may enforce the terms of clause 11 subject to and in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999.

Appears in 1 contract

Samples: Term Loan Agreement

Costs, Expenses and Indemnity. (a) 11.1 The Borrower shall, within 5 (five) Business Days of demand by the Lender, pay to the Lender all costs, charges, expenses, taxes and liabilities of any kind (including, without limitation, legal, professional and out-of-pocket expenses) together with VAT on such amounts incurred by the Lender arising at any time as a result of or in connection with: i) 11.1.1 the negotiation, preparation or execution of the Finance Documents; ii) 11.1.2 taking, holding, protecting, preserving or perfecting the Security created (or intended to be created) by any Finance Document; and/or iii) 11.1.3 responding to, considering or implementing any request for a consent, amendment or waiver to any Finance Document, together with interest, which shall accrue and be payable (without the need for any demand for payment being made) from the date on which the relevant cost, charge, expense, tax or liability arose until discharge in full of that cost, charge, expense, tax or liability (whether before or after judgment (or in Scotland, decree), liquidation, winding up, administration or bankruptcy (or in Scotland, sequestration) of the Borrower) at the rate and in the manner specified in this Agreement. (b) 11.2 The Borrower must within 5 (five) Business Days of demand by the Lender, pay to the Lender on a full indemnity basis all costs, losses and liabilities (including, without limitation, legal, professional and out-of-pocket expenses) together with VAT on such amounts incurred by the Lender arising at any time as a result of or in connection with: i) 11.2.1 the occurrence of any Event of Default; or ii) 11.2.2 the preservation and/or enforcement of any rights of the Lender under any Finance Document, together with interest, which shall accrue and be payable (without the need for any demand for payment being made) from the date on which the relevant cost, charge, expense, tax or liability arose until discharge in full of that cost, charge, expense, tax or liability (whether before or after judgment (or in Scotland, decree), liquidation, winding up, administration or bankruptcy (or in Scotland, sequestration) of the Borrower) at the rate and in the manner specified in this Agreement. (c) 11.3 Any past or present employee or agent of the Lender may enforce the terms of clause 11 subject to and in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999.

Appears in 1 contract

Samples: Term Loan Agreement

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