Common use of Indemnity for Transactional and Environmental Liability Clause in Contracts

Indemnity for Transactional and Environmental Liability. (a) The Borrowers hereby agree to indemnify, exonerate and hold each Credit Party (collectively, the “Indemnified Persons”, and individually, an “Indemnified Person”) free and harmless from and against any and all claims, demands, actions, causes of action, suits, losses, costs (including, without limitation, all documentary, recording, filing, mortgage or other stamp taxes or duties), charges, liabilities and damages, and expenses in connection therewith (irrespective of whether such Indemnified Person is a party to the action for which indemnification hereunder is sought), and including, without limitation, reasonable legal fees, out of pocket disbursements and amounts paid to the Indemnified Persons’ respective affiliates, employees, officers, directors and agents (collectively, in this Section 8.4(a), the “Indemnified Liabilities”), paid, incurred or suffered by the Indemnified Persons or any of them as a result of, or arising out of, or relating to (i) any use made or to be made in whole or in part, directly or indirectly, with the proceeds of any credit obtained hereunder, or (ii) the execution, delivery, performance or enforcement of this agreement and any instrument, document or agreement executed pursuant hereto, except for any such Indemnified Liabilities that a court of competent jurisdiction determined arose on account of the relevant Indemnified Person’s gross negligence or wilful misconduct.

Indemnity for Transactional and Environmental Liability. (a) The Borrowers hereby agree to indemnify, exonerate and hold the Agent and each Credit Party Lender and each of their respective officers, directors and agents (collectively, the “Indemnified Persons”, and individually, an “Indemnified PersonParties”) free and harmless from and against any and all claims, demands, actions, causes of action, suits, losses, costs (including, without limitation, all documentary, recording, filing, mortgage or other stamp taxes or duties), charges, liabilities (other than contingent liabilities and/or related accounts) and damages, and expenses in connection therewith (irrespective of whether such Indemnified Person Party is a party to the action for which indemnification hereunder is sought), and including, without limitation, reasonable legal fees, fees and out of pocket disbursements and amounts paid to the Indemnified Persons’ respective affiliates, employees, officers, directors and agents (collectively, in this Section 8.4(a8.05(a), the “Indemnified Liabilities”), paid, incurred or suffered by the Indemnified Persons Parties or any of them as a result of, or arising out of, or relating to (i) any use made transaction financed or to be made financed in whole or in part, directly or indirectly, with the proceeds of any extension of credit obtained hereunder, or (ii) the execution, delivery, performance or enforcement of this agreement and any instrument, document or agreement executed pursuant hereto, except for any such Indemnified Liabilities that a court of competent jurisdiction determined arose on account of the relevant Indemnified PersonParty’s gross negligence or wilful willful misconduct.

Indemnity for Transactional and Environmental Liability. (a) The Borrowers hereby agree to indemnify, exonerate and hold the Agent and each Credit Party Lender and each of their respective officers, directors and agents (collectively, the “Indemnified Persons”, and individually, an “Indemnified Person”"INDEMNIFIED PARTIES") free and harmless from and against any and all claims, demands, actions, causes of action, suits, losses, costs (including, without limitation, all documentary, recording, filing, mortgage or other stamp taxes or duties), charges, liabilities (other than contingent liabilities and/or related accounts) and damages, and expenses in connection therewith (irrespective of whether such Indemnified Person Party is a party to the action for which indemnification hereunder is sought), and including, without limitation, reasonable legal fees, fees and out of pocket disbursements and amounts paid to the Indemnified Persons’ respective affiliates, employees, officers, directors and agents (collectively, in this Section 8.4(a8.5(a), the “Indemnified Liabilities”"INDEMNIFIED LIABILITIES"), paid, incurred or suffered by the Indemnified Persons Parties or any of them as a result of, or arising out of, or relating to (i) any use made transaction financed or to be made financed in whole or in part, directly or indirectly, with the proceeds of any extension of credit obtained hereunder, or (ii) the execution, delivery, performance or enforcement of this agreement and any instrument, document or agreement executed pursuant hereto, except for any such Indemnified Liabilities that a court of competent jurisdiction determined arose on account of the relevant Indemnified Person’s Party's gross negligence or wilful willful misconduct.

Indemnity for Transactional and Environmental Liability. (a) The Borrowers hereby agree to indemnify, exonerate and hold the Agent and each Credit Party Lender and each of their respective officers, directors and agents (collectively, the “Indemnified Persons”, and individually, an “Indemnified PersonParties”) free and harmless from and against any and all claims, demands, actions, causes of action, suits, losses, costs (including, without limitation, all documentary, recording, filing, mortgage or other stamp taxes or duties), charges, liabilities (other than contingent liabilities and/or related accounts) and damages, and expenses in connection therewith (irrespective of whether such Indemnified Person Party is a party to the action for which indemnification hereunder is sought), and including, without limitation, reasonable legal fees, fees and out of pocket disbursements and amounts paid to the Indemnified Persons’ respective affiliates, employees, officers, directors and agents (collectively, in this Section 8.4(a8.5(a), the “Indemnified Liabilities”), paid, incurred or suffered by the Indemnified Persons Parties or any of them as a result of, or arising out of, or relating to (i) any use made transaction financed or to be made financed in whole or in part, directly or indirectly, with the proceeds of any extension of credit obtained hereunder, or (ii) the execution, delivery, performance or enforcement of this agreement and any instrument, document or agreement executed pursuant hereto, except for any such Indemnified Liabilities that a court of competent jurisdiction determined arose on account of the relevant Indemnified Person’s Party's gross negligence or wilful willful misconduct.

Indemnity for Transactional and Environmental Liability. (a) The Borrowers hereby agree to indemnify, exonerate and hold the Agent and each Credit Party Lender and each of their respective officers, directors and agents (collectively, the “Indemnified Persons”, and individually, an “Indemnified PersonParties”) free and harmless from and against any and all claims, demands, actions, causes of action, suits, losses, costs (including, without limitation, all documentary, recording, filing, mortgage or other stamp taxes or duties), charges, liabilities (other than contingent liabilities and/or related accounts) and damages, and expenses in connection therewith (irrespective of whether such Indemnified Person Party is a party to the action for which indemnification hereunder is sought), and including, without limitation, reasonable legal fees, fees and out of pocket disbursements and amounts paid to the Indemnified Persons’ respective affiliates, employees, officers, directors and agents (collectively, in this Section 8.4(a8.5(a), the “Indemnified Liabilities”), paid, incurred or suffered by the Indemnified Persons Parties or any of them as a result of, or arising out of, or relating to (i) any use made transaction financed or to be made financed in whole or in part, directly or indirectly, with the proceeds of any extension of credit obtained hereunder, or (ii) the execution, delivery, performance or enforcement of this agreement and any instrument, document or agreement executed pursuant hereto, except for any such Indemnified Liabilities that a court of competent jurisdiction determined arose on account of the relevant Indemnified PersonParty’s gross negligence or wilful misconduct.