Common use of ERISA Indemnification Clause in Contracts

ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified 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 Xxxxxx’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Section 3.7 or 4.19 of this Agreement.

Appears in 1 contract

Samples: Loan Agreement (SITE Centers Corp.)

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ERISA Indemnification. Each of Borrower and Operator shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Persons Parties from and against any and all Losses (including, without limitation, reasonable third-party attorneys’ fees and reasonable and documented out-of-pocket 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 XxxxxxLender’s sole reasonable discretion) that Lender may incur, directly or indirectly, as a result of a default under Section 3.7 Sections 4.1.9 or 4.19 5.2.9 of this the Loan Agreement.

Appears in 1 contract

Samples: Fee and Leasehold Mortgage, Assignment of Leases and Rents, Fixture Filing and Security Agreement (BRE Select Hotels Corp)

ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Persons 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 Confidential Treatment Requested by BANA XXXX-Xxxx-00169 that may be required, in XxxxxxLender’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Section 3.7 4.8 or 4.19 Section 5.18 of this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Sothebys)

ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Persons 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, 00000000.0.XXXXXXXX in XxxxxxLender’s sole discretion) that Lender the Indemnified Parties may incur, directly or indirectly, as a result of a default under Section 3.7 4.9 or 4.19 Section 5.18 of this Agreement.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Ashford Hospitality Trust Inc)

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ERISA Indemnification. Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Persons 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 any prohibited transaction as a result of a prohibited loantransfer pursuant to Section 5.2.13 of the Loan Agreement, and in obtaining any individual prohibited transaction exemption under ERISA that may be required, in XxxxxxLender’s sole discretion) that Lender may incur, directly or indirectly, as a result of a default under Section 3.7 Sections 4.1.9 or 4.19 5.2.12 of this the Loan Agreement.

Appears in 1 contract

Samples: Leasehold Deed of Trust, Assignment of Leases and Rents, Fixture Filing and Security Agreement (Taubman Centers Inc)

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