ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 of the Loan Agreement.
Appears in 23 contracts
Samples: Deed to Secure Debt, Assignment of Leases and Rents and Security Agreement (Behringer Harvard Reit I Inc), Mortgage and Security Agreement (Acadia Realty Trust), Open End Mortgage and Security Agreement (Glimcher Realty Trust)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's ’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 Section 4.9 or 5.2.12 Section 5.18 of the Loan this Agreement.
Appears in 18 contracts
Samples: Loan Agreement (Sun Communities Inc), Loan Agreement (Sun Communities Inc), Loan Agreement (Sunstone Hotel Investors, Inc.)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's ’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 3.7 or 5.2.12 4.19 of the Loan this Agreement.
Appears in 15 contracts
Samples: Loan Agreement (Safety, Income & Growth, Inc.), Loan Agreement (Lightstone Value Plus Real Estate Investment Trust III, Inc.), Loan Agreement (Clipper Realty Inc.)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 Section 4.9 or 5.2.12 Section 5.18 of the Loan this Agreement.
Appears in 12 contracts
Samples: Mezzanine Loan Agreement (Maguire Properties Inc), Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (FSP 50 South Tenth Street Corp)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties Persons from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's ’s sole discretion) that Lender may incur, directly or indirectly, incur as a result of a default under Sections 4.1.9 3.7 or 5.2.12 4.19 of the Loan this Agreement.
Appears in 8 contracts
Samples: Mezzanine Loan Agreement (NorthStar Healthcare Income, Inc.), Mezzanine Loan Agreement (Northstar Realty Finance Corp.), Loan Agreement (NorthStar Healthcare Income, Inc.)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 Section 4.8 or 5.2.12 Section 5.18 of the Loan this Agreement.
Appears in 7 contracts
Samples: Loan Agreement (Corporate Property Associates 16 Global Inc), Loan Agreement (Manufactured Home Communities Inc), Loan Agreement (Maguire Properties Inc)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's ’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 of the Loan Agreement.
Appears in 6 contracts
Samples: Mortgage, Assignment of Leases and Rents and Security Agreement (Inland American Real Estate Trust, Inc.), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Behringer Harvard Reit I Inc), Deed of Trust (Inland American Real Estate Trust, Inc.)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties Indemnitee from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's ’s sole discretion) that Lender Indemnitee may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 5.1(i) and 7.2 of the Loan this Agreement.
Appears in 4 contracts
Samples: Loan Agreement (Industrial Income Trust Inc.), Loan Agreement (Industrial Income Trust Inc.), Loan Agreement (Dividend Capital Total Realty Trust Inc.)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses Liabilities (including, without limitation, including reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses Liabilities incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole ’s reasonable discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 Section 4.9 or 5.2.12 Section 5.18 of the Loan this Agreement.
Appears in 4 contracts
Samples: Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Mezzanine Loan Agreement (Ashford Hospitality Trust Inc)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties Persons from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's ’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 3.7 or 5.2.12 4.19 of the Loan this Agreement.
Appears in 4 contracts
Samples: Loan Agreement (Retail Value Inc.), Loan Agreement (Retail Value Inc.), Loan Agreement (Retail Value Inc.)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's ’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 Section 4.8 or 5.2.12 Section 5.18 of the Loan this Agreement.
Appears in 3 contracts
Samples: Loan Agreement (RFS Partnership Lp), Loan Agreement (Capital Lodging), Mezzanine Loan Agreement (Capital Lodging)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's ’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 5.2.9 of the Loan Agreement.
Appears in 3 contracts
Samples: Deed of Trust and Security Agreement (Koger Equity Inc), Deed of Trust and Security Agreement (Maguire Properties Inc), Deed of Trust and Security Agreement
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 3.1.8 or 5.2.12 4.2.11 of the Loan Agreement.
Appears in 3 contracts
Samples: Fee and Leasehold Mortgage, Assignment of Leases and Rents and Security Agreement (Glimcher Realty Trust), Mortgage, Assignment of Leases and Rents and Security Agreement (Glimcher Realty Trust), Fee and Leasehold Mortgage, Assignment of Leases and Rents and Security Agreement (Glimcher Realty Trust)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' fees and costs incurred in the investigation, defense, and defense and/or settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole reasonable discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 Section 4.2.13 of the Loan Agreement.
Appears in 2 contracts
Samples: Guarantor Deed of Trust, Assignment of Leases and Rents, Security Agreement and Guaranty (Horizon Group Properties Inc), Deed of Trust, Assignment of Leases and Rents and Security Agreement (Horizon Group Properties Inc)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and and/or settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's ’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 4.2.13 of the Loan Agreement.
Appears in 2 contracts
Samples: Leasehold Mortgage, Assignment of Rents and Security Agreement, Leasehold Mortgage, Assignment of Leases and Rents, Security Agreement and Financing Statement as Fixture Filing (TNP Strategic Retail Trust, Inc.)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's ’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 Section 4.09 or 5.2.12 Section 5.18 of the Loan this Agreement.
Appears in 2 contracts
Samples: Loan Agreement (Bon Ton Stores Inc), Loan Agreement (Bon Ton Stores Inc)
ERISA Indemnification. Borrower Borrowers shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's ’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 Section 4.9 or 5.2.12 Section 5.18 of the Loan this Agreement.
Appears in 2 contracts
Samples: Loan Agreement (Extra Space Storage Inc.), Loan Agreement (Extra Space Storage Inc.)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's ’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 3.15 or 5.2.12 4.22 of the Loan this Agreement.
Appears in 2 contracts
Samples: Loan Agreement (Medalist Diversified REIT, Inc.), Loan Agreement (Medalist Diversified REIT, Inc.)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 Section 3.9 or 5.2.12 Section 4.18 of the Loan this Agreement.
Appears in 1 contract
Samples: Loan Agreement (Acadia Realty Trust)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole Lendxx'x xole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 of the Loan Agreement.
Appears in 1 contract
Samples: Deed of Trust and Security Agreement (Glimcher Realty Trust)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's Xxxxxx’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 5.2.9 of the Loan Agreement.
Appears in 1 contract
Samples: Deed of Trust and Security Agreement (Maguire Properties Inc)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's ’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 3.1.8 or 5.2.12 4.2.8 of the Loan Agreement.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Cedar Shopping Centers Inc)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 5.2.9 of the Loan Agreement.
Appears in 1 contract
Samples: Deed of Trust and Security Agreement (Koger Equity Inc)
ERISA Indemnification. Borrower and Tenant, where applicable, shall, at its their sole cost and expense, protect, defend, indemnify, release and hold harmless harmless, the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 of the Loan Agreement.
Appears in 1 contract
Samples: Open End Mortgage and Security Agreement (Cedar Income Fund LTD /Md/)
ERISA Indemnification. Borrower Grantor shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and defense and/or settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's Beneficiary’s sole discretion) that Beneficiary or Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 Section 5.2.9 of the Loan Agreement.
Appears in 1 contract
Samples: Deed of Trust
ERISA Indemnification. Each Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 3.1.8 or 5.2.12 4.2.11 of the Loan Agreement.
Appears in 1 contract
Samples: Open End Fee and Leasehold Mortgage and Security Agreement (Ventas Inc)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be requiredrequired in connection with the Loan, in Lender's ’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 Section 18.2 of the Loan Agreement.
Appears in 1 contract
Samples: Fee and Leasehold Mortgage, Security Agreement and Fixture Filing (Maui Land & Pineapple Co Inc)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's Xxxxxx’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 3.7 or 5.2.12 4.19 of the Loan this Agreement.
Appears in 1 contract
ERISA Indemnification. Borrower Grantor shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's ’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 4.2.11 of the Loan Agreement.
Appears in 1 contract
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's ’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 3.1.8 or 5.2.12 4.2.10 of the Loan Agreement.
Appears in 1 contract
Samples: Fee and Leasehold Mortgage and Security Agreement (Morgans Hotel Group Co.)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole ’s reasonable discretion) that Lender may incur, directly or indirectly, as a result of a default Default under Sections 4.1.9 Section 4.09 or 5.2.12 Section 5.18 of the Loan this Agreement.
Appears in 1 contract
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and defense and/or settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's Agent’s sole discretion) that Agent or Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 Section 5.2.9 of the Loan Agreement.
Appears in 1 contract
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 4.2.13 of the Loan Agreement.
Appears in 1 contract
Samples: Mortgage, Assignment of Leases and Rents and Security Agreement (Glimcher Realty Trust)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 3.1.8 or 5.2.12 4.2.10 of the Loan Agreement.
Appears in 1 contract
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 5.2.14 of the Loan Agreement.
Appears in 1 contract
Samples: Open End Mortgage and Security Agreement (Glimcher Realty Trust)
ERISA Indemnification. Each Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in LenderXxxxxx's sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 3.1.8 or 5.2.12 4.2.11 of the Loan Agreement.
Appears in 1 contract
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 3.1.8 or 5.2.12 4.2.8 of the Loan Agreement.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Cedar Shopping Centers Inc)
ERISA Indemnification. Borrower and Tenant, where applicable, shall, at its their sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 of the Loan Agreement.
Appears in 1 contract
Samples: Open End Mortgage and Security Agreement (Glimcher Realty Trust)
ERISA Indemnification. Borrower Grantor shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's Grantee’s sole discretion) that Lender Grantee may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 5.2.9 of the Loan Agreement.
Appears in 1 contract
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' fees and costs incurred in the investigation, defense, and settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's sole discretion) that Lender may incur, directly or indirectly, as a result result, of a default under Sections 4.1.9 or 5.2.12 of the Loan Agreement.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Inland Western Retail Real Estate Trust Inc)
ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (including, without limitation, reasonable attorneys' ’ fees and costs incurred in the investigation, defense, and defense and/or settlement of Losses incurred in correcting any prohibited transaction or in the sale of a prohibited loan, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in Lender's Xxxxxx’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Sections 4.1.9 or 5.2.12 Section 4.2.13 of the Loan Agreement.
Appears in 1 contract