Common use of Default indemnity Clause in Contracts

Default indemnity. The Borrower shall on demand indemnify the Agent and the Lenders, without prejudice to any of their other rights under this Agreement and the other Security Documents, against any loss or expense which the Agent shall certify as sustained or incurred by any of them as a consequence of: 11.3.1 any default in payment by the Borrower of any sum under this Agreement or any of the other Security Documents when due, including, without limitation, any liability incurred by the Trustee, the Agent, the Lenders and the Hermes Agent by reason of any delay or failure of the Borrower to pay any such sums; 11.3.2 any break in funding (including without limitation warehousing and other related costs) due to the occurrence of any Event of Default; 11.3.3 any prepayment of the Loan or part thereof being made at any time for any reason; and/or 11.3.4 a Portion or any part thereof not being drawn for any reason (excluding any default by the Agent or any Lender) after a Drawdown Notice has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred in maintaining or funding the Loan or in liquidating or re-employing deposits from third parties acquired to effect or maintain the Loan, any loss (including the cost of breaking deposits or re-employing funds (including warehousing and other related costs)) or any losses under any Interest Exchange Arrangement and/or any swap agreements or other interest rate management products entered into by the Lenders for the purpose of this transaction.

Default indemnity. The Borrower shall on demand indemnify the Agent and the Lenders, without prejudice to any of their other rights under this Agreement and the other Security Documents, against any loss or expense which the Agent shall certify as sustained or incurred by any of them as a consequence of: 11.3.1 any default in payment by the Borrower of any sum under this Agreement or any of the other Security Documents when due, including, without limitation, any liability incurred by the Trustee, the Agent, the Lenders and the Hermes Agent by reason of any delay or failure of the Borrower to pay any such sums; 11.3.2 any break in funding (including without limitation warehousing and other related costs) due to the occurrence of any Event of Default or Possible Event of Default; 11.3.3 any prepayment of the Loan or part thereof being made at any time for any reason; and/or 11.3.4 a Portion or any part thereof not being drawn for any reason (excluding any default by the Agent or any Lender) after a Drawdown Notice has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred in maintaining or funding the Loan or in liquidating or re-employing deposits from third parties acquired to effect or maintain the Loan, any loss (including the cost of breaking deposits or re-employing funds (including warehousing and other related costs)) or any losses under any Interest Exchange Arrangement and/or any swap agreements or other interest rate management products entered into by the Lenders for the purpose of this transaction.

Default indemnity. The Borrower shall on demand indemnify the Agent and the Lenders, without prejudice to any of their other rights under this Agreement and the other Security Documents, against any loss or expense which the Agent shall certify as sustained or incurred by any of them as a consequence of: 11.3.1 any default in payment by the Borrower of any sum under this Agreement or any of the other Security Documents when due, including, without limitation, any liability incurred by the Trustee, the Agent, the Lenders and the Hermes Agent by reason of any delay or failure of the Borrower to pay any such sums; 11.3.2 any break in funding (including without limitation warehousing and other related costs) due to the occurrence of any Event of Default; 11.3.3 any prepayment of the Loan or part thereof being made at any time for any reason; and/or 11.3.4 a Portion or any part thereof Tranche not being drawn for any reason (excluding any default by the Agent or any Lender) after a Drawdown Notice has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred in maintaining or funding the Loan or in liquidating or re-employing deposits from third parties acquired to effect or maintain the Loan, any loss (including the cost of breaking deposits or re-employing funds (including warehousing and other related costs)) or any losses under any Interest Exchange Arrangement and/or any swap agreements or other interest rate management products entered into by the Lenders for the purpose of this transaction.

Default indemnity. The Borrower shall on demand indemnify the Agent and the Lenders, without prejudice to any of their other rights under this Agreement and the other Security Documents, against any loss or expense which the Agent or the Lenders shall certify as sustained or incurred by any of them as a consequence of: 11.3.1 13.3.1 any default in payment by the Borrower of any sum under this Agreement or any of the other Security Documents when due, including, without limitation, any liability incurred by the Trustee, the Agent, Agent and the Lenders and the Hermes Agent by reason of any delay or failure of the Borrower to pay any such sums; 11.3.2 13.3.2 any break in funding (including without limitation warehousing and other related costs) due to the occurrence of any Event of Default or Possible Event of Default; 11.3.3 13.3.3 any prepayment of the Loan Facility or any part thereof being made at any time for any reason; and/or 11.3.4 13.3.4 the Term Loan Facility or a Portion or any part thereof Drawing not being drawn for any reason (excluding any default by the Agent or any Lender) after a the relevant Drawdown Notice has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred in maintaining or funding a the Term Loan Facility or Drawing or in liquidating or re-employing deposits from third parties acquired to effect or maintain the Loan, Term Loan Facility or the Drawing and also any loss or expense (including the cost of breaking deposits or re-employing funds (including without limitation warehousing and other related costs)) or incurred in connection with any losses under any Interest Exchange Arrangement and/or any swap agreements or other interest rate management products entered into by the Lenders for the purpose of this transactionMaster Agreement.

Default indemnity. The Borrower shall on demand indemnify the Agent and the Lenders, without prejudice to any of their other rights under this Agreement and the other Security Documents, against any loss or expense which the Agent or the Lenders shall certify as sustained or incurred by any of them as a consequence of: 11.3.1 13.3.1 any default in payment by the Borrower of any sum under this Agreement or any of the other Security Documents when due, including, without limitation, any liability incurred by the Trustee, the Agent, Agent and the Lenders and the Hermes Agent by reason of any delay or failure of the Borrower to pay any such sums; 11.3.2 13.3.2 any break in funding (including without limitation warehousing and other related costs) due to the occurrence of any Event of Default; 11.3.3 13.3.3 any prepayment of the Loan Facility or any part thereof being made at any time for any reason; and/or 11.3.4 13.3.4 the Term Loan Facility or a Portion or any part thereof Drawing not being drawn for any reason (excluding any default by the Agent or any Lender) after a the relevant Drawdown Notice has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred in maintaining or funding a the Term Loan Facility or Drawing or in liquidating or re-employing deposits from third parties acquired to effect or maintain the Loan, Term Loan Facility or the Drawing and also any loss or expense (including the cost of breaking deposits or re-employing funds (including without limitation warehousing and other related costs)) or incurred in connection with any losses under any Interest Exchange Arrangement and/or any swap agreements or other interest rate management products entered into by the Lenders for the purpose of this transactionMaster Agreement.

Default indemnity. The Borrower shall on demand indemnify the Agent and the Lenders, without prejudice to any of their other rights under this Agreement and the other Security Documents, against any loss or expense which the Agent shall certify as sustained or incurred by any of them as a consequence of: 11.3.1 any default in payment by the Borrower of any sum under this Agreement or any of the other Security Documents when due, including, without limitation, any liability incurred by the Trustee, the Agent, the Lenders and the Hermes Agent by reason of any delay or failure of the Borrower to pay any such sums; 11.3.2 any break in funding (including without limitation warehousing and other related costs) due to the occurrence of any Event of Default or Possible Event of Default; 11.3.3 any prepayment of the Loan or part thereof being made at any time for any reason; and/or 11.3.4 a Portion or any part thereof Tranche not being drawn for any reason (excluding any default by the Agent or any Lender) after a Drawdown Notice has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred in maintaining or funding the Loan or in liquidating or re-employing deposits from third parties acquired to effect or maintain the Loan, any loss (including the cost of breaking deposits or re-employing funds (including warehousing and other related costs)) or any losses under any Interest Exchange Arrangement and/or any swap agreements or other interest rate management products entered into by the Lenders for the purpose of this transaction.

Default indemnity. The Borrower shall on demand indemnify the Agent and the Lenders, without prejudice to any of their other rights under this Agreement and the other Security Documents, against any loss or expense which the Agent or the Lenders shall certify as sustained or incurred by any of them as a consequence of: 11.3.1 12.3.1 any default in payment by the Borrower of any sum under this Agreement or any of the other Security Documents when due, including, without limitation, any liability incurred by the Trustee, the Agent, Agent and the Lenders and the Hermes Agent by reason of any delay or failure of the Borrower to pay any such sums; 11.3.2 12.3.2 any break in funding (including without limitation warehousing and other related costs) due to the occurrence of any Event of Default; 11.3.3 12.3.3 any prepayment of the Loan Facility or any part thereof being made at any time for any reason; and/or 11.3.4 12.3.4 a Portion or any part thereof Drawing not being drawn for any reason (excluding any default by the Agent or any Lender) after a the relevant Drawdown Notice has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred in maintaining or funding the Loan a Drawing or in liquidating or re-employing deposits from third parties acquired to effect or maintain the Loan, Drawing and also any loss or expense (including the cost of breaking deposits or re-employing funds (including without limitation warehousing and other related costs)) or incurred in connection with any losses under any Interest Exchange Arrangement and/or any swap agreements or other interest rate management products entered into by the Lenders for the purpose of this transactionMaster Agreement.