Common use of Indemnity Relating to Letters of Credit Clause in Contracts

Indemnity Relating to Letters of Credit. Each Company jointly and severally unconditionally indemnifies the Agent and the Lenders, and holds the Agent and the Lenders harmless from any and all loss, claim or liability incurred by the Agent or the Lenders arising from any transactions or occurrences relating to Letters of Credit established or opened for any Company’s account, the Collateral relating thereto and any drafts or acceptances thereunder, and all Obligations thereunder, including any such loss, claim or liability arising from any error, omission, negligence, misconduct or other action taken by an Issuing Bank, other than for any such loss, claim or liability arising out of the gross negligence or willful misconduct by the Agent with respect to a Letter of Credit Guaranty. This indemnity shall survive the termination of this Financing Agreement and the Commitments of the Lenders hereunder and the repayment of the Obligations.

Appears in 2 contracts

Samples: Financing Agreement (Under Armour, Inc.), Financing Agreement (Under Armour, Inc.)

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Indemnity Relating to Letters of Credit. Each Company jointly and severally The Borrowers unconditionally indemnifies indemnify the Agent and the Lenders, and holds hold the Agent and the Lenders harmless from any and all loss, claim or liability incurred by the Agent or the Lenders arising from any transactions or occurrences relating to Letters of Credit established or opened for any Company’s the Borrowers’ account, the Collateral relating thereto and any drafts or acceptances thereunder, and all Obligations thereunder, including any such loss, claim or liability arising from any error, omission, negligence, misconduct or other action taken by an Issuing Bank, other than for any such loss, claim or liability arising out of the gross negligence or willful misconduct by the Agent with respect to a Letter of Credit Guaranty. This indemnity shall survive the termination of this Financing Agreement and the Commitments of the Lenders hereunder and the repayment of the Obligations.

Appears in 1 contract

Samples: Loan and Security Agreement (Skechers Usa Inc)

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Indemnity Relating to Letters of Credit. Each The Company jointly and severally unconditionally indemnifies the Agent and the Lenders, and holds the Agent and the Lenders harmless from any and all loss, claim or liability incurred by the Agent or the Lenders arising from any transactions or occurrences relating to Letters of Credit established or opened for any the Company’s account, the Collateral relating thereto and any drafts or acceptances thereunder, and all Obligations thereunder, including any such loss, claim or liability arising from any error, omission, negligence, misconduct or other action taken by an Issuing Bank, other than for any such loss, claim or liability arising out of the gross negligence negligence, bad faith or willful misconduct by the Agent with respect to a Letter of Credit GuarantyGuaranty as finally determined by a court of competent jurisdiction. This indemnity shall survive the termination of this Financing Agreement and the Commitments of the Lenders hereunder and the repayment of the Obligations.

Appears in 1 contract

Samples: Financing Agreement (Horsehead Holding Corp)

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