Indemnity to the Trustee. The Borrower shall promptly indemnify the Trustee and every Receiver and Delegate against any reasonably incurred cost, loss or liability incurred by any of them as a result of: 20.4.1 the protection or enforcement of the Transaction Security; 20.4.2 the exercise of any of the rights, powers, discretions and remedies vested in the Trustee and Delegate by the Finance Documents or by law; and 20.4.3 any default by the Borrower in the performance of any of the obligations expressed to be assumed by it in the Finance Documents. The Trustee may, in priority to any payment to the Secured Parties, indemnify itself out of the Cash Collateral in respect of, and pay and retain, all sums necessary to give effect to the indemnity in this Clause 20.4 and shall have a lien on the Transaction Security and the proceeds of the enforcement of the Transaction Security for all moneys payable to it.
Appears in 2 contracts
Samples: $90,000,000 Standby Letter of Credit Facility (HCC Insurance Holdings Inc/De/), Standby Letter of Credit Facility (HCC Insurance Holdings Inc/De/)
Indemnity to the Trustee. The Borrower shall promptly indemnify the Trustee and every Receiver and Delegate against any reasonably incurred cost, loss or liability incurred by any of them as a result of:
20.4.1 (a) the protection or enforcement of the Transaction Security;
20.4.2 (b) the exercise of any of the rights, powers, discretions and remedies vested in the Trustee and Delegate by the Finance Documents or by law; and
20.4.3 (c) any default by the Borrower in the performance of any of the obligations expressed to be assumed by it in the Finance Documents. The Trustee may, in priority to any payment to the Secured Parties, indemnify itself out of the Cash Collateral in respect of, and pay and retain, all sums necessary to give effect to the indemnity in this Clause clause 20.4 and shall have a lien on the Transaction Security and the proceeds of the enforcement of the Transaction Security for all moneys payable to it.
Appears in 2 contracts
Samples: Standby Letter of Credit Facility (HCC Insurance Holdings Inc/De/), Standby Letter of Credit Facility (HCC Insurance Holdings Inc/De/)
Indemnity to the Trustee. The Borrower shall promptly indemnify the Trustee and every Receiver and Delegate against any reasonably incurred cost, loss or liability incurred by any of them as a result of:
20.4.1 21.4.1 the protection or enforcement of the Transaction Security;
20.4.2 21.4.2 the exercise of any of the rights, powers, discretions and remedies vested in the Trustee and Delegate by the Finance Documents or by law; and
20.4.3 21.4.3 any default by the Borrower in the performance of any of the obligations expressed to be assumed by it in the Finance Documents. The Trustee may, in priority to any payment to the Secured Parties, indemnify itself out of the Cash Collateral Charged Property in respect of, and pay and retain, all sums necessary to give effect to the indemnity in this Clause 20.4 21.4 and shall have a lien on the Transaction Security and the proceeds of the enforcement of the Transaction Security for all moneys payable to it.
Appears in 1 contract
Samples: Standby Letter of Credit Facility (HCC Insurance Holdings Inc/De/)