Indemnification by the Holders With Respect to Section 2.05. Without limiting the obligations of the Parent Issuer under any Note Document, each Holder hereby agrees to indemnify each other Holder (any such Holder, a “Harmed Holder”) for any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever which may at any time be imposed on, incurred by or asserted against any Harmed Holder in any way relating to or arising out of an action that would cause a breach by such Holder of Section 2.05 of this Agreement. The provisions of this Section 4.08 shall survive the payment in full of all the Obligations and the termination of this Agreement, all other Note Documents, and shall continue to apply to any Holder which ceases to be a Holder hereunder.
Appears in 2 contracts
Samples: Third Lien Subordinated Exchange Note Exchange Agreement (Manchester Financial Group, LP), Third Lien Subordinated Exchange Note Exchange Agreement (Navation, Inc.)
Indemnification by the Holders With Respect to Section 2.05. Without limiting the obligations of the Parent Issuer under any Note Document, each Holder hereby agrees to indemnify each other Holder (any such Holder, a “"Harmed Holder”") for any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever which may at any time be imposed on, incurred by or asserted against any Harmed Holder in any way relating to or arising out of an action that would cause a breach by such Holder of Section 2.05 of this Agreement. The provisions of this Section 4.08 shall survive the payment in full of all the Obligations and the termination of this Agreement, all other Note Documents, and shall continue to apply to any Holder which ceases to be a Holder hereunder.
Appears in 1 contract
Samples: Third Lien Subordinated Exchange Note Exchange Agreement (NextWave Wireless Inc.)
Indemnification by the Holders With Respect to Section 2.05. Without limiting the obligations of the Parent Issuer under any Note DocumentCompany hereunder, each Holder hereby agrees to indemnify each other Holder (any such Holder, a “Harmed Holder”) for any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever which may at any time be imposed on, incurred by or asserted against any Harmed Holder in any way relating to or arising out of an action that would cause a breach by such Holder of Section 2.05 of this Agreement. The provisions of this Section 4.08 shall survive the payment in full of all the Obligations and the termination of this Agreement, all other Note Documentsthe Security Agreement and the Senior Notes, and shall continue to apply to any Holder which ceases to be a Holder hereunder.
Appears in 1 contract
Samples: Collateral Agency and Intercreditor Agreement (Insite Vision Inc)
Indemnification by the Holders With Respect to Section 2.05. Without limiting the obligations of the Parent Issuer Company under any Note Document, each Holder hereby agrees to indemnify each other Holder (any such Holder, a “Harmed Holder”) for any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever which may at any time be imposed on, incurred by or asserted against any Harmed Holder in any way relating to or arising out of an action that would cause a breach by such Holder of Section 2.05 of this Agreement. The provisions of this Section 4.08 shall survive the payment in full of all the Obligations and the termination of this Agreement, all other Note Documents, and shall continue to apply to any Holder which ceases to be a Holder hereunder.
Appears in 1 contract
Samples: Second Lien Subordinated Note Purchase Agreement (NextWave Wireless Inc.)