Indemnified Person Defined. For the purposes of this Section 7.6, “Indemnified Person” means the Lender and its directors, officers, employees, successors and permitted assigns, agents and servants (the directors, officers, employees, successors and permitted assigns, agents and servants of the Lender together with the Lender being referred to herein collectively as the “Related Indemnitee Group” of the Lender), provided that as a condition of any obligations of the Borrower to pay any indemnity or perform any action under this Section 7.6 with respect to any persons who are not signatories hereto, such persons at the written request of the Borrower shall expressly agree in writing to be bound by all the terms of this Section 7.6. In the event that any Indemnified Person fails, after notice to such Indemnified Person referring to this sentence, to comply with any duty or obligation under Section 7.6(e) and (f), such Indemnified Person shall not be entitled to indemnity under this Section 7.6 to the extent such failure to comply has a material adverse effect on the Borrower’s ability to defend any such Claim.
Appears in 2 contracts
Samples: Loan and Security Agreement (Kansas City Southern De Mexico, S.A. De C.V.), Loan and Security Agreement (Kansas City Southern)
Indemnified Person Defined. For the purposes of this Section 7.621.2, “Indemnified Person” means the Lender Lessor and its directors, officers, employees, successors and permitted assigns, agents and servants (the directors, officers, employees, successors and permitted assigns, agents and servants of the Lender Lessor together with the Lender Lessor being referred to herein collectively as the “Related Indemnitee Group” of the LenderLessor), provided that as a condition of any obligations of the Borrower Lessee to pay any indemnity or perform any action under this Section 7.6 21.2 with respect to any persons who are not signatories hereto, such persons at the written request of the Borrower Lessee shall expressly agree in writing to be bound by all the terms of this Section 7.621.2. In the event that any Indemnified Person fails, after notice to such Indemnified Person referring to this sentence, to comply with any duty or obligation under Section 7.6(e21.2(e) and (f), such Indemnified Person shall not be entitled to indemnity under this Section 7.6 21.2 to the extent such failure to comply has a material adverse effect on the BorrowerLessee’s ability to defend any such Claim.
Appears in 2 contracts
Samples: Equipment Lease Agreement (Kansas City Southern), Equipment Lease Agreement (Kansas City Southern De Mexico, S. De R.L. De C.V.)
Indemnified Person Defined. For the purposes of this Section 7.6, “Indemnified Person” means the Lender (and its successors and assigns), and its directors, officers, employees, successors and permitted assigns, agents and servants (the directors, officers, employees, successors and permitted assigns, agents and servants of the Lender together with the Lender being referred to herein collectively as the “Related Indemnitee Group” of the Lender), provided that as a condition of any obligations of the Borrower to pay any indemnity or perform any action under this Section 7.6 with respect to any persons Lender who are is not signatories a signatory hereto, such persons Lender at the written request of the Borrower shall expressly agree in writing to be bound by all the terms of this Section 7.6. In the event that any Indemnified Person fails, after notice to such Indemnified Person referring to this sentence, to comply with any duty or obligation under Section 7.6(e) and (f), such Indemnified Person shall not be entitled to indemnity under this Section 7.6 to the extent such failure to comply has a material adverse effect on the Borrower’s ability to defend any such Claim.
Appears in 2 contracts
Samples: Loan Agreement (Kansas City Southern De Mexico, S.A. De C.V.), Loan Agreement (Kansas City Southern)