Covenants of Agent. Agent, in its individual capacity, covenants with each of the other parties hereto as follows, it being understood that the sole remedies for the breach of these covenants shall be to sxx for damages or for specific performance and that any such breach shall not modify or terminate Lessee’s obligations under Article VII: (a) so long as this Lease remains in effect or so long as the obligations of Lessee arising hereunder have not been fully and finally discharged, Agent, in its individual capacity, (i) will keep this Lease and the Items of Equipment free and clear of all Lessor Liens attributable to Agent and shall indemnify, reimburse and hold Lessor and Lessee harmless from any and all claims, losses, damages, obligations, penalties, liabilities, demands, suits, or causes of action and all legal proceedings, and any costs or expenses in connection therewith, including reasonable legal fees and expenses, of whatever kind and nature, imposed on, incurred by or asserted against Lessor or Lessee in any way relating to, or arising in any manner out of, Agent’s failure to comply with this Section 18.5(a) and (ii) will not, provided that no Lease Default or Lease Event of Default exists, through its own actions, interfere with Lessee’s (or any permitted sublessee’s or assignee’s) rights hereunder with respect to the Items of Equipment during the term of this Lease, except as permitted or required by the terms of this Lease; and (b) Agent shall apply funds held by it in its capacity as agent hereunder as required by this Lease.
Appears in 2 contracts
Samples: Lease and Security Agreement (Lsi Logic Corp), Lease and Security Agreement (Lsi Logic Corp)
Covenants of Agent. Agent, in its individual capacity, covenants with each of the other parties hereto as follows, it being understood that the sole remedies for the breach of these covenants shall be to sxx xxx for damages or for specific performance and that any such breach shall not modify or terminate Lessee’s 's obligations under Article VII:
(a) so long as this Lease remains in effect or so long as the obligations of Lessee arising hereunder have not been fully and finally discharged, Agent, in its individual capacity, (i) will keep this Lease and the Items of Equipment free and clear of all Lessor Liens attributable to Agent and shall indemnify, reimburse and hold Lessor and Lessee harmless from any and all claims, losses, damages, obligations, penalties, liabilities, demands, suits, or causes of action and all legal proceedings, and any costs or expenses in connection therewith, including reasonable legal fees and expenses, of whatever kind and nature, imposed on, incurred by or asserted against Lessor or Lessee in any way relating to, or arising in any manner out of, Agent’s 's failure to comply with this Section 18.5(a) and (ii) will not, provided that no Lease Default or Lease Event of Default exists, through its own actions, interfere with Lessee’s 's (or any permitted sublessee’s 's or assignee’s's) rights hereunder with respect to the Items of Equipment during the term of this Lease, except as permitted or required by the terms of this Lease; and
(b) Agent shall apply funds held by it in its capacity as agent hereunder as required by this Lease.
Appears in 2 contracts
Samples: Lease and Security Agreement (Lsi Logic Corp), Lease and Security Agreement (Lsi Logic Corp)
Covenants of Agent. Agent, in its individual capacity, ------------------ covenants with each of the other parties hereto as follows, it being understood that the sole remedies for the breach of these covenants shall be to sxx sue for damages or for specific performance and that any such breach shall not modify or terminate Lessee’s 's obligations under Article VIISection 4.4 or any other provision of the ----------- Operative Documents:
(a) so long as this Lease remains in effect or so long as the obligations of Lessee arising hereunder have not been fully and finally discharged, Agent, in its individual capacity, (i) will keep this Lease and the Items of Equipment all Collateral free and clear of all Lessor Liens attributable arising by, through or under Agent, in its individual capacity, which are unrelated to Agent the transactions contemplated by this Lease and shall indemnify, reimburse and hold each Lessor and Lessee harmless from any and all claims, losses, damages, obligations, penalties, liabilities, demands, suits, or causes of action and all legal proceedings, and any costs or expenses in connection therewith, including reasonable legal fees and expenses, of whatever kind and nature, imposed on, incurred by or asserted against any Lessor or Lessee in any way relating to, or arising in any manner out of, Agent’s 's failure to comply with this Section 18.5(a13.2(a) and (ii) will not, provided that no Lease --------------- Incipient Default or Lease Event of Default exists, through its own actions, interfere with Lessee’s Xxxxxx's (or any permitted sublessee’s Sublessee's or assignee’s's) rights hereunder with respect to the Items of Equipment any Unit during the term of this LeaseTerm, except as permitted or required by the terms of this Lease; and
(b) Agent shall apply funds held by it in its capacity as agent hereunder as required by this LeaseLease and shall otherwise perform all of its duties and obligations under this Lease and the Operative Documents to which it is a party.
Appears in 1 contract