Indemnification of Trustee. The Company shall and hereby agrees to indemnify the Trustee for, and hold the Trustee harmless against, any loss, liability or expense (including the costs and expenses of defending against any claim of liability) incurred without gross negligence or willful misconduct by the Trustee and arising out of or in connection with its acting as Trustee under the Indenture.
Appears in 11 contracts
Samples: Lease Agreement (NuStar Energy L.P.), Loan Agreement (Macquarie Infrastructure Corp), Lease Agreement (Macquarie Infrastructure Corp)
Indemnification of Trustee. The Company shall and hereby agrees to indemnify the Trustee forindemnify, defend and hold the Trustee harmless againstfrom and against any claim, any lossliability, liability cost or expense (including the costs and expenses of defending against any claim of liabilityreasonable attorneys’ fees) asserted against, imposed on or suffered or incurred without gross negligence or willful misconduct by the Trustee and arising in the good-faith carrying out of or his duties and responsibilities hereunder and in connection his good-faith compliance with its acting as Trustee under any written instructions delivered to him by the IndentureCompany with respect thereto.
Appears in 8 contracts
Samples: Trust Agreement (American Standard Companies Inc), Trust Agreement (American Standard Companies Inc), Trust Agreement (American Standard Companies Inc)
Indemnification of Trustee. The Company shall and hereby agrees to indemnify the Trustee for, and hold the Trustee harmless against, any loss, liability or expense (including the costs and expenses of defending against any claim of liability) incurred without gross negligence or willful misconduct by the Trustee and arising out of or in connection with its acting as Trustee under the Indenture.
Appears in 6 contracts
Samples: Lease Agreement (NuStar Energy L.P.), Lease Agreement (NuStar Energy L.P.), Lease Agreement (NuStar Energy L.P.)
Indemnification of Trustee. The Company shall and hereby agrees to fully indemnify the Trustee for, and hold the Trustee harmless against, any loss, liability liability, claim, damage or expense (including the costs and expenses of defending against any claim of liabilityor liability and enforcing its rights hereunder) incurred without gross negligence or willful misconduct by the Trustee and arising out of or in connection with its acting as Trustee under the Indenture.
Appears in 5 contracts
Samples: Loan Agreement (Agl Resources Inc), Loan Agreement (Agl Resources Inc), Loan Agreement (Agl Resources Inc)
Indemnification of Trustee. The Company shall and hereby agrees to indemnify and hold harmless the Trustee forfrom and against any and all claims, and hold the Trustee harmless againstdemands, any losscauses of action, liability or expense (including the losses, damages, liabilities, costs and expenses of defending (including, without limitation, attorneys’ fees and court costs) at any time asserted against any claim of liability) or incurred without gross negligence or willful misconduct by the Trustee and by reason of, arising out of or in connection with the execution of this Supplemental Indenture incurred without negligence or bad faith on its acting as Trustee under the Indenturepart.
Appears in 4 contracts
Samples: Fifth Supplemental Indenture (Denbury Resources Inc), Third Supplemental Indenture for 6.25% Senior Subordinated Notes Due 2014 (Denbury Resources Inc), Third Supplemental Indenture (Denbury Resources Inc)
Indemnification of Trustee. The Trustee shall be indemnified and held harmless by the Company shall and hereby agrees to indemnify for any damages, costs, expenses, judgments, attorney’s fees or cost of litigation incurred in the performance of the Trustee’s duties under this trust, provided, however, the Trustee for, shall not be indemnified and hold the Trustee held harmless against, any loss, liability for its own willful default or expense (including the costs and expenses of defending against any claim of liability) incurred without gross negligence or willful misconduct by the Trustee and arising out of or in connection with its acting as Trustee under the Indenturenegligence.
Appears in 3 contracts
Samples: Agreement, Equity Purchase Agreement (Staktek Holdings Inc), Equity Purchase Agreement (Staktek Holdings Inc)
Indemnification of Trustee. The Company shall and hereby agrees to indemnify the Trustee for, and hold the Trustee harmless against, any loss, liability or expense (including the costs and expenses of defending against any claim of liability) incurred without gross negligence or willful misconduct by the Trustee and arising out of or in connection with its acting as Trustee under the Indenture., the Mortgage or any other Loan Document. [END OF ARTICLE VIII]
Appears in 2 contracts
Samples: Loan Agreement (NPR Inc), Loan Agreement (Sjit Inc)
Indemnification of Trustee. The Company shall and hereby agrees to indemnify the Trustee for, and hold the Trustee harmless against, any loss, liability or expense (including the costs and expenses of defending against any claim of liability) incurred without gross negligence or willful misconduct by the Trustee and arising out of or in connection with its acting as Trustee under the Indenture, the Mortgage or any other Loan Document.
Appears in 1 contract
Samples: Loan Agreement (Sjit Inc)
Indemnification of Trustee. The Company shall and hereby agrees to indemnify the Trustee for, and hold the Trustee harmless against, any loss, liability or expense (including the costs and expenses of defending against any claim of liability) incurred without gross negligence or willful misconduct by the Trustee and arising out of or in connection with its acting as Trustee under the Indenture., the Mortgages or any other Lease Document. [END OF ARTICLE X]
Appears in 1 contract
Samples: Lease Agreement (Sjit Inc)
Indemnification of Trustee. The Company shall and hereby agrees to indemnify and hold harmless the Trustee forfrom and against any and all claims, and hold the Trustee harmless againstdemands, any losscauses of action, liability or expense (including the losses, damages, liabilities, costs and expenses of defending (including, without limitation, attorneys’ fees and court costs) at any time asserted against any claim of liability) or incurred without gross negligence or willful misconduct by the Trustee and by reason of, arising out of or in connection with the execution of this Supplemental Indenture, except for the Trustee’s own grossly negligent action, its acting as Trustee under the Indentureown grossly negligent failure to act, or its own willful misconduct.
Appears in 1 contract
Samples: First Supplemental Indenture (American Greetings Corp)
Indemnification of Trustee. The Company shall and hereby agrees to indemnify and hold harmless the Trustee forfrom and against any and all claims, demands, causes of action, losses, damages, liabilities, costs, and hold the Trustee harmless againstexpenses (including, without limitation, attorneys’ fees and court costs) at any loss, liability time asserted against or expense (including the costs and expenses of defending against any claim of liability) incurred without gross negligence or willful misconduct by the Trustee and by reason of, arising out of of, or in connection with the execution of this Supplemental Indenture incurred without negligence or bad faith on its acting as Trustee under the Indenturepart.
Appears in 1 contract
Indemnification of Trustee. The Company shall and hereby agrees to will indemnify the Trustee for, and hold the Trustee it harmless againstfrom and against all claims, any lossliabilities, liability or expense (including the costs legal fees and expenses that may be asserted against it, otherwise than on account of defending against any claim of liability) incurred without gross the Trustee's own negligence or willful misconduct (as found by a final judgment of a court of competent jurisdiction) by reason of the Trustee's taking or refraining from taking any action in accordance with the Trust agreement, whether or not Trustee and arising out of is a party to a legal proceeding or in connection with its acting as Trustee under the Indentureotherwise.
Appears in 1 contract
Samples: Trust Agreement (Graco Inc)
Indemnification of Trustee. The Company shall and hereby agrees to indemnify the Trustee forindemnify, defend and hold the Trustee harmless againstfrom and against any claim, any lossliability, liability cost or expense (including the costs and expenses of defending against any claim of liabilityreasonable attorneys' fees) asserted against, imposed on or suffered or incurred without gross negligence or willful misconduct by the Trustee and arising in the good-faith carrying out of or his duties and responsibilities hereunder and in connection his good-faith compliance with its acting as Trustee under any written instructions delivered to him by the IndentureCompany with respect thereto.
Appears in 1 contract
Indemnification of Trustee. The Company shall and hereby agrees to indemnify the Trustee for, and hold the Trustee harmless against, any loss, liability or expense (including the costs and expenses of defending against any claim of liability) incurred without gross negligence or willful misconduct by the Trustee and not in violation of any of the terms of the Indenture and arising out of or in connection with its acting as Trustee under the Indenture.. * END OF ARTICLE VII *
Appears in 1 contract
Samples: Loan Agreement (Tower Tech Inc)
Indemnification of Trustee. The Company shall and hereby agrees to indemnify the Trustee for, and hold the Trustee harmless against, from any loss, liability or expense expenses incurred (including counsel fees) on the costs and expenses part of defending against any claim of liability) incurred without gross negligence or willful misconduct by the Trustee and arising out of or in connection with its acting as the acceptance or administration by the Trustee under of his duties hereunder, including the Indenturefees, costs and expenses of defending himself against any claims of liability hereunder.
Appears in 1 contract
Samples: Stockholder's Trust Agreement (Conmat Technologies Inc)
Indemnification of Trustee. The Company shall be and hereby agrees to indemnify the Trustee for, and hold the Trustee harmless against, any loss, liability or expense (including the costs and expenses of defending against any claim of liability) incurred without gross negligence or willful misconduct by the Trustee and arising out of or in connection with its acting as Trustee under the Indenture, the Mortgage or any other Loan Document.
Appears in 1 contract
Samples: Loan Agreement (Sjit Inc)
Indemnification of Trustee. The Company shall and hereby agrees to indemnify the Trustee for, and to hold the Trustee harmless againstfrom and against any and all claims, any lossdemands, liability or expense (including the causes of action, losses, damages, liabilities, costs and expenses of defending (including, without limitation, attorneys’ fees and court costs) at any time asserted against any claim of liability) or incurred without gross negligence or willful misconduct by the Trustee and by reason of, arising out of or in connection with the execution of this First Supplemental Indenture, except for the Trustee’s own negligent action, its acting as Trustee under the Indentureown negligent failure to act, or its own willful misconduct.
Appears in 1 contract