Common use of Indemnification; Nature of Issuing Lender’s Duties Clause in Contracts

Indemnification; Nature of Issuing Lender’s Duties. (a) In addition to its other obligations under Section 2.4, the Borrower hereby agrees to protect, indemnify, pay and save each Issuing Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys' fees) that the Issuing Lender may incur or be subject to as a consequence, direct or indirect, of (i) the issuance of any Letter of Credit or (ii) the failure of the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or governmental authority (all such acts or omissions, herein called "GOVERNMENT ACTS"). (b) As between the Borrower and the Issuing Lender, the Borrower shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary

Appears in 1 contract

Samples: Credit Agreement (TTM Technologies Inc)

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Indemnification; Nature of Issuing Lender’s Duties. (a) In addition to its other obligations under Section 2.4Sections 2.2, the Borrower hereby agrees to protect, indemnify, pay and save each Issuing Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys' fees) that the Issuing Lender may incur or be subject to as a consequence, direct or indirect, of (iA) the issuance of any Letter of Credit or (iiB) the failure of the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or governmental authority (all such acts or omissions, herein called "GOVERNMENT ACTSGovernment Acts"). (b) . As between the Borrower and the Issuing Lender, the Borrower shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiarybeneficiary thereof.

Appears in 1 contract

Samples: Credit Agreement (Cort Business Services Corp)

Indemnification; Nature of Issuing Lender’s Duties. (ai) In addition to its other obligations under this Section 2.42.2, the Borrower hereby agrees to pay, and protect, indemnify, pay indemnify and save each Issuing Lender harmless from and against against, any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys' fees) that the Issuing such Lender may incur or be subject to as a consequence, direct or indirect, of (iA) the issuance of any Letter of Credit or (iiB) the failure of the Issuing such Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or governmental authority Governmental Authority (all such acts or omissions, herein called "GOVERNMENT ACTSGovernment Acts"). (bii) As between the Borrower and the Lenders (including the Issuing Lender), the Borrower shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiarybeneficiary thereof. No Lender (including the Issuing

Appears in 1 contract

Samples: Credit Agreement (Insight Health Services Corp)

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Indemnification; Nature of Issuing Lender’s Duties. (a) In addition to its other obligations under Section 2.42.6, the Borrower hereby agrees to protect, indemnify, pay and save each the Issuing Lender harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys' fees) that the Issuing Lender may incur or be subject to as a consequence, direct or indirect, of (i) the issuance of any Letter of Credit or (ii) the failure of the Issuing Lender to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or governmental authority (all such acts or omissions, herein called "GOVERNMENT ACTSGovernment Acts"). (b) As between the Borrower and the Issuing Lender, the Borrower shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiarythe

Appears in 1 contract

Samples: Credit Agreement (Suiza Foods Corp)

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