Indemnity and No Lender Liability. The Borrower shall indemnify and save harmless the Lenders, the Fronting Lender and the Agent against all claims, losses, costs, expenses or damages to the Lenders, the Fronting Lender and the Agent arising out of or in connection with any Letter of Credit, the issuance thereof, any payment thereunder or any action taken by the Lenders, the Fronting Lender or the Agent or any other person in connection therewith, including all costs relating to any legal process or proceeding instituted by any party restraining or seeking to restrain the issuer of a Letter of Credit or the Agent from accepting or paying any Draft or any amount under any such Letter of Credit, except as a result of the Agent’s, Lenders’ or Fronting Lender’s (as applicable) gross negligence or wilful misconduct. The Borrower also agrees that the Lenders, the Fronting Lender and the Agent shall have no liability to it for any reason in respect of or in connection with any Letter of Credit, the issuance thereof, any payment thereunder or any other action taken by the Lenders, the Fronting Lender or the Agent or any other person in connection therewith, except as a result of the Agent’s, Lenders’ or Fronting Lender’s (as applicable) gross negligence or wilful misconduct.
Appears in 2 contracts
Samples: Credit Agreement (Trident Resources Corp), Credit Agreement (Pacific Energy Partners Lp)
Indemnity and No Lender Liability. The Borrower shall indemnify and save harmless the Lenders, the Fronting Lender Bank and the Agent against all claims, losses, costs, expenses or damages to the Lenders, the Fronting Lender Bank and the Agent arising out of or in connection with any Letter of Credit, the issuance thereof, any payment thereunder or any action taken by the Lenders, the Fronting Lender Bank or the Agent or any other person Person in connection therewith, including including, without limitation, all costs relating to any legal process or proceeding instituted by any party restraining or seeking to restrain the issuer of a Letter of Credit or the Agent Fronting Bank from accepting or paying any LC Draft or any amount under any such Letter of Credit, except as a result for any of such resulting from the Agent’s's, Lenders’ ' or Fronting Lender’s (as applicable) Bank's gross negligence or wilful misconductmisconduct (as determined by a final non-appealable judgment of a court of competent jurisdiction). The Borrower also agrees that the Lenders, the Fronting Lender Bank and the Agent shall have no liability to it for any reason in respect of or in connection with any Letter of Credit, the issuance thereof, any payment thereunder or any other action taken by the Lenders, the Fronting Lender Bank or the Agent or any other person Person in connection therewith, except as a result of the Agent’s's, Lenders’ ' or Fronting Lender’s (as applicable) Bank's gross negligence or wilful misconductmisconduct (as determined by a final non-appealable judgment of a court of competent jurisdiction).
Appears in 1 contract
Samples: Credit Agreement (Ovintiv Inc.)
Indemnity and No Lender Liability. The Borrower shall indemnify and save harmless the Lenders, the Operating Lender, the Fronting Lender and the Agent against all claims, losses, costs, expenses or damages to the Lenders, the Operating Lender, the Fronting Lender and the Agent arising out of or in connection with any Letter of Credit, the issuance thereof, any payment thereunder or any action taken by the Lenders, the Operating Lender, the Fronting Lender or Lender, the Agent or any other person in connection therewith, including all costs relating to any legal process or proceeding instituted by any party restraining or seeking to restrain the issuer of a Letter of Credit or the Agent Operating Lender or the Fronting Lender, as applicable, from accepting or paying any Draft or any amount under any such Letter of Credit, except as a result of the Agent’s, Lenders’ or Fronting Lendersuch person’s (as applicable) gross negligence or wilful misconduct. The Borrower also agrees that the Lenders, the Operating Lender, the Fronting Lender and the Agent shall have no liability to it for any reason in respect of or in connection with any Letter of Credit, the issuance thereof, any payment thereunder or any other action taken by the Lenders, the Operating Lender, the Fronting Lender or Lender, the Agent or any other person in connection therewith, except as a result of the Agent’s, Lenders’ or Fronting Lendersuch person’s (as applicable) gross negligence or wilful misconduct.
Appears in 1 contract
Samples: Credit Agreement
Indemnity and No Lender Liability. The Borrower shall indemnify and save harmless the Lenders, the Fronting Lender Bank and the Agent against all claims, losses, costs, expenses or damages to the Lenders, the Fronting Lender Bank and the Agent arising out of or in connection with any Letter of Credit, the issuance thereof, any payment thereunder or any action taken by the Lenders, the Fronting Lender Bank or the Agent or any other person in connection therewith, including including, without limitation, all costs relating to any legal process or proceeding instituted by any party restraining or seeking to restrain the issuer of a Letter of Credit or the Agent Fronting Bank from accepting or paying any LC Draft or any amount under any such Letter of Credit, except as a result for any of such resulting from the Agent’s, Lenders’ or Fronting LenderBank’s (as applicable) gross negligence or wilful misconduct. The Borrower also agrees that the Lenders, the Fronting Lender Bank and the Agent shall have no liability to it for any reason in respect of or in connection with any Letter of Credit, the issuance thereof, any payment thereunder or any other action taken by the Lenders, the Fronting Lender Bank or the Agent or any other person in connection therewith, except as a result of the Agent’s, Lenders’ or Fronting LenderBank’s (as applicable) gross negligence or wilful misconduct.
Appears in 1 contract
Samples: Credit Agreement (Encana Corp)
Indemnity and No Lender Liability. The Borrower shall indemnify and save harmless the Lenders, the Fronting Lender Bank and the Agent against all claims, losses, costs, expenses or damages to the Lenders, the Fronting Lender Bank and the Agent arising out of or in connection with any Letter of Credit, the issuance thereof, any payment thereunder or any action taken by the Lenders, the Fronting Lender Bank or the Agent or any other person Person in connection therewith, including including, without limitation, all costs relating to any legal process or proceeding instituted by any party restraining or seeking to restrain the issuer of a Letter of Credit or the Agent Fronting Bank from accepting or paying any LC Draft or any amount under any such Letter of Credit, except as a result for any of such resulting from the Agent’s, Lenders’ or Fronting LenderBank’s (as applicable) gross negligence or wilful misconduct. The Borrower also agrees that the Lenders, the Fronting Lender Bank and the Agent shall have no liability to it for any reason in respect of or in connection with any Letter of Credit, the issuance thereof, any payment thereunder or any other action taken by the Lenders, the Fronting Lender Bank or the Agent or any other person Person in connection therewith, except as a result of the Agent’s, Lenders’ or Fronting LenderBank’s (as applicable) gross negligence or wilful misconduct.
Appears in 1 contract
Samples: Credit Agreement (Ovintiv Inc.)
Indemnity and No Lender Liability. The Borrower shall indemnify and save harmless the Lenders, the Fronting Lender Bank and the Agent against all claims, losses, costs, expenses or damages to the Lenders, the Fronting Lender Bank and the Agent arising out of or in connection with any Letter of Credit, the issuance thereof, any payment thereunder or any action taken by the Lenders, the Fronting Lender Bank or the Agent or any other person Person in connection therewith, including including, without limitation, all costs relating to any legal process or proceeding instituted by any party restraining or seeking to restrain the issuer of a Letter of Credit or the Agent Fronting Bank from accepting or paying any LC Draft or any amount under any such Letter of Credit, except as a result for any of such resulting from the Agent’s, Lenders’ or Fronting LenderBank’s (as applicable) gross negligence or wilful misconductmisconduct (as determined by a final non-appealable judgment of a court of competent jurisdiction). The Borrower also agrees that the Lenders, the Fronting Lender Bank and the Agent shall have no liability to it for any reason in respect of or in connection with any Letter of Credit, the issuance thereof, any payment thereunder or any other action taken by the Lenders, the Fronting Lender Bank or the Agent or any other person Person in connection therewith, except as a result of the Agent’s, Lenders’ or Fronting LenderBank’s (as applicable) gross negligence or wilful misconductmisconduct (as determined by a final non-appealable judgment of a court of competent jurisdiction).
Appears in 1 contract
Samples: Credit Agreement (Ovintiv Inc.)