Common use of Delinquent Lender Not Excused Clause in Contracts

Delinquent Lender Not Excused. Nothing contained in Sections 10.18 or 10.19 shall release or in any way limit a Delinquent Lender's obligations as a Lender hereunder and/or under any other of the Loan Documents. Further, a Delinquent Lender shall indemnify and hold harmless Administrative Agent and each of the Non-Delinquent Lenders from any claim, loss, or costs incurred by Administrative Agent and/or the Non-Delinquent Lenders as a result of a Delinquent Lender's failure to comply with the requirements of this Agreement, including, without limitation, any and all additional losses, damages, costs and expenses (including, without limitation, attorneys' fees) incurred by Administrative Agent and any Lender as a result of and/or in connection with (i) a Non-Delinquent Lender's acting as an Electing Lender, (ii) any enforcement action brought by Administrative Agent against a Delinquent Lender and (iii) any action brought against Administrative Agent and/or Lenders. The indemnification provided above shall survive any termination of this Agreement.

Appears in 2 contracts

Samples: Assignment and Assumption Agreement (Crescent Real Estate Equities Co), Assignment and Assumption Agreement (Reckson Associates Realty Corp)

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Delinquent Lender Not Excused. Nothing contained in Sections 10.18 10.16 or 10.19 10.17 shall release or in any way limit a Delinquent Lender's ’s obligations as a Lender hereunder and/or under any other of the Loan Documents. Further, a Delinquent Lender shall fully, unconditionally and irrevocably indemnify and hold harmless Administrative Agent and each of the Non-Delinquent Lenders from any claim, loss, or costs incurred by Administrative Agent and/or the Non-Delinquent Lenders as a result of a Delinquent Lender's ’s failure to comply with the requirements of this AgreementAgreement or any of the other Loan Documents, including, without limitation, any and all additional losses, damages, costs and expenses (including, without limitation, attorneys' fees) incurred by Administrative Agent and any Lender as a result of and/or in connection with (i) a Non-Delinquent Lender's acting as an Electing Lender’s advance of all or any portion of the Delinquency Amount, (ii) any enforcement action brought by Administrative Agent or any Non-Delinquent Lender against a Delinquent Lender Lender, and (iii) any action brought against Administrative Agent and/or Lenders. The indemnification provided above shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Varian Medical Systems Inc)

Delinquent Lender Not Excused. Nothing contained in Sections 10.18 7.16 or 10.19 7.17 shall release or in any way limit a Delinquent Lender's obligations as a Lender hereunder and/or under any other of the Loan Documents. Further, a Delinquent Lender shall indemnify and hold harmless Administrative Agent and Agent, each of the Non-Delinquent Lenders and Borrower from any claim, loss, or costs incurred by Administrative Agent and/or the Non-Delinquent Lenders any of them as a result of a Delinquent Lender's failure to comply with the requirements of this Agreement, including, without limitation, any and all additional losses, damages, costs and expenses (including, without limitation, attorneys' fees) incurred by Administrative Agent and any Lender as a result of and/or in connection with (i) a Non-Delinquent Lender's acting as an Electing Lender, (ii) any enforcement action brought by Administrative Agent against a Delinquent Lender Lender, and (iii) any action brought against Administrative Agent and/or Lenders. The indemnification provided above shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Acadia Realty Trust)

Delinquent Lender Not Excused. Nothing contained in Sections 10.18 ----------------------------- 7.16 or 10.19 7.17 shall release or in any way limit a Delinquent Lender's obligations as a Lender hereunder and/or under any other of the Loan Documents. Further, a Delinquent Lender shall indemnify and hold harmless Administrative Agent and each of the Non-Delinquent Lenders from any claim, loss, or costs incurred by Administrative Agent and/or the Non-Delinquent Lenders as a result of a Delinquent Lender's failure to comply with the requirements of this Agreement, including, without limitation, any and all additional losses, damages, costs and expenses (including, without limitation, attorneys' fees) incurred by Administrative Agent and any Lender as a result of and/or in connection with (i) a Non-Delinquent Lender's acting as an Electing Lender, (ii) any enforcement action brought by Administrative Agent against a Delinquent Lender and (iii) any action brought against Administrative Agent and/or Lenders. The indemnification provided above shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Building Loan Agreement (Federal Realty Investment Trust)

Delinquent Lender Not Excused. Nothing contained in Sections 10.18 7.16 or 10.19 7.17 shall release or in any way limit a Delinquent Lender's obligations as a Lender hereunder and/or under any other of the Loan Documents. Further, a Delinquent Lender shall indemnify and hold harmless Administrative Agent and each of the Non-Delinquent Lenders from any claim, loss, or costs incurred by Administrative Agent and/or the Non-Delinquent Lenders as a result of a Delinquent Lender's failure to comply with the requirements of this Agreement, including, without limitation, any and all additional losses, damages, costs and expenses (including, without limitation, attorneys' fees) incurred by Administrative Agent and any Lender as a result of and/or in connection with (i) a Non-Delinquent Lender's acting as an Electing Lender, (ii) any enforcement action brought by Administrative Agent against a Delinquent Lender and (iii) any action brought against Administrative Agent and/or Lenders. The indemnification provided above shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Building Loan Agreement (Taubman Centers Inc)

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Delinquent Lender Not Excused. Nothing contained in Sections 10.18 7.16 or 10.19 7.17 shall release or in any way limit a Delinquent Lender's ’s obligations as a Lender hereunder and/or under any other of the Loan Documents. Further, a Delinquent Lender shall indemnify and hold harmless Administrative Agent and Agent, each of the Non-Delinquent Lenders and Borrower from any claim, loss, or costs incurred by Administrative Agent and/or the Non-Delinquent Lenders any of them as a result of a Delinquent Lender's ’s failure to comply with the requirements of this Agreement, including, without limitation, any and all additional losses, damages, costs and expenses (including, without limitation, attorneys' fees) incurred by Administrative Agent and any Lender as a result of and/or in connection with (i) a Non-Delinquent Lender's ’s acting as an Electing Lender, (ii) any enforcement action brought by Administrative Agent against a Delinquent Lender Lender, and (iii) any action brought against Administrative Agent and/or Lenders. The indemnification provided above shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Revolving Loan Agreement (Acadia Realty Trust)

Delinquent Lender Not Excused. Nothing contained in Sections 10.18 7.16 or 10.19 7.17 shall release or in any way limit a Delinquent Lender's obligations as a Lender hereunder and/or under any other of the Loan Documents. Further, a Delinquent Lender shall indemnify and hold harmless Administrative Agent and Agent, each of the Non-Delinquent Lenders and Borrower from any claim, loss, or costs incurred by Administrative Agent and/or the Non-Delinquent Lenders or Borrower as a result of a Delinquent Lender's failure to comply with the requirements of this Agreement, including, without limitation, any and all additional losses, damages, costs and expenses (including, without limitation, attorneys' fees) incurred by Administrative Agent and any Lender or Borrower as a result of and/or in connection with (i) a Non-Delinquent Lender's acting as an Electing Lender, (ii) any enforcement action brought by Administrative Agent against a Delinquent Lender and Lender, (iii) any action brought against Administrative Agent and/or LendersLenders and (iv) any action brought by Borrower against a Delinquent Lender. The indemnification provided above shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Building Loan Agreement (Alexanders Inc)

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