Indemnification of Trustee. The Company shall indemnify the Trustee against any and all losses, liabilities or expenses, including taxes (other than taxes based upon, measured by or determined by the income of the Trustee) incurred by the Trustee arising out of or resulting from the execution of this Fourth Supplemental Indenture, including the costs and expenses of enforcing this Fourth Supplemental Indenture against the Company (including this Section 5) and defending itself against any claim (whether asserted by the Company or any Holder or any other person) or liability in connection with the exercise or performance of any of its powers or duties hereunder, except to the extent any such loss, liability or expense may be attributable to the Trustee's negligence, bad faith or willful misconduct.
Appears in 3 contracts
Samples: Fourth Supplemental Indenture (Delta Funding Residual Exchange Co LLC), Fourth Supplemental Indenture (Delta Funding Residual Management Inc), Supplemental Indenture (Delta Financial Corp)
Indemnification of Trustee. The Company shall indemnify the Trustee against any and all losses, liabilities or expenses, including taxes (other than taxes based upon, measured by or determined by the income of the Trustee) incurred by the Trustee arising out of or resulting from the execution of this Fourth Second Supplemental Indenture, including the costs and expenses of enforcing this Fourth Second Supplemental Indenture against the Company (including this Section 5) and defending itself against any claim (whether asserted by the Company or any Holder or any other person) or liability in connection with the exercise or performance of any of its powers or duties hereunder, except to the extent any such loss, liability or expense may be attributable to the Trustee's negligence, bad faith or willful misconduct.
Appears in 2 contracts
Samples: Supplemental Indenture (Delta Funding Residual Liquidating Trust), Second Supplemental Indenture (Delta Funding Residual Management Inc)
Indemnification of Trustee. The Company shall indemnify the Trustee against any and all losses, liabilities or expenses, including taxes (other than taxes based upon, measured by or determined by the income of the Trustee) incurred by the Trustee arising out of or resulting from the execution of this Fourth Third Supplemental Indenture, including the costs and expenses of enforcing this Fourth Third Supplemental Indenture against the Company (including this Section 5) and defending itself against any claim (whether asserted by the Company or any Holder or any other person) or liability in connection with the exercise or performance of any of its powers or duties hereunder, except to the extent any such loss, liability or expense may be attributable to the Trustee's negligence, bad faith or willful misconduct.
Appears in 1 contract
Samples: Indenture (Delta Financial Corp)
Indemnification of Trustee. The Company shall indemnify the Trustee against any and all losses, liabilities or expenses, including taxes (other than taxes based upon, measured by or determined by the income of the Trustee) incurred by the Trustee arising out of or resulting from the execution of this Fourth First Supplemental Indenture, including the costs and expenses of enforcing this Fourth First Supplemental Indenture against the Company (including this Section 5) and defending itself against any claim (whether asserted by the Company or any Holder or any other person) or liability in connection with the exercise or performance of any of its powers or duties hereunder, except to the extent any such loss, liability or expense may be attributable to the Trustee's negligence, bad faith or willful misconduct.
Appears in 1 contract
Samples: First Supplemental Indenture (Delta Funding Residual Management Inc)
Indemnification of Trustee. The Company shall indemnify the Trustee against any and all losses, liabilities or expenses, including taxes (other than taxes based upon, measured by or determined by the income of the Trustee) incurred by the Trustee arising out of or resulting from the execution of this Fourth First Supplemental Indenture, including the costs and expenses of enforcing this Fourth First Supplemental Indenture against the Company (including this Section 5) and defending itself against any claim (whether asserted by the Company or any Holder or any other person) or liability in connection with the exercise or performance of any of its powers or duties hereunder, except to the extent any such loss, liability or expense may be attributable to the Trustee's ’s negligence, bad faith or willful misconduct.
Appears in 1 contract
Samples: Supplemental Indenture (Delta Funding Residual Liquidating Trust)
Indemnification of Trustee. The Company shall indemnify the Trustee against any and all losses, liabilities or expenses, including taxes (other than taxes based upon, measured by or determined by the income of the Trustee) incurred by the Trustee arising out of or resulting from the execution of this Fourth Fifth Supplemental Indenture, including the costs and expenses of enforcing this Fourth Fifth Supplemental Indenture against the Company (including this Section 5) and defending itself against any claim (whether asserted by the Company or any Holder or any other person) or liability in connection with the exercise or performance of any of its powers or duties hereunder, except to the extent any such loss, liability or expense may be attributable to the Trustee's negligence, bad faith or willful misconduct.
Appears in 1 contract