Common use of Lender Indemnification Clause in Contracts

Lender Indemnification. The Borrower agrees to indemnify and hold harmless the Agent and the Lenders and their respective directors, officers, employees, agents and each Person who controls the Agent or any Lender from and against any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all liabilities, losses, damages and expenses of every nature and character arising out of or relating to this Agreement or any of the other Loan Documents or the transactions contemplated hereby and thereby including, without limitation, (a) any and all claims for brokerage, leasing, finders or similar fees which may be made relating to the Borrowing Base Assets or the Loans, (b) any condition of the Borrowing Base Assets, (c) any actual or proposed use by the Borrower of the proceeds of the Loan (d) any actual or alleged infringement of any patent, copyright, trademark, service mxxx or similar right of the Borrower, or any of its Subsidiaries comprised in the Borrowing Base Assets, (e) the Borrower entering into or performing this Agreement or any of the other Loan Documents, (f) any actual or alleged violation of any law, ordinance, code, order, rule, regulation, approval, consent, permit or license relating to the Borrowing Base Assets, or (g) with respect to the Borrower and its Subsidiaries and their respective properties and assets, the violation of any Environmental Law, the Release or threatened Release of any Hazardous Substances or any action, suit, proceeding or investigation brought or threatened with respect to any Hazardous Substances (including, but not limited to, claims with respect to wrongful death, personal injury, nuisance or damage to property), in each case including, without limitation, the reasonable fees and disbursements of counsel incurred in connection with any such investigation, litigation or other proceeding; provided, however, that the Borrower shall not be obligated under this §16 to indemnify any Person for liabilities arising from such Person’s own gross negligence or willful misconduct. In litigation, or the preparation therefor, the Lenders and the Agent shall be entitled to select a single law firm as their own counsel and, in addition to the foregoing indemnity, the Borrower agrees to pay promptly the reasonable fees and expenses of such counsel. If, and to the extent that the obligations of the Borrower under this §16 are unenforceable for any reason, the Borrower hereby agrees to make the maximum contribution to the payment in satisfaction of such obligations which is permissible under applicable law. The provisions of this §16 shall survive the repayment of the Loan and the termination of the obligations of the Lenders hereunder.

Lender Indemnification. The Borrower agrees to indemnify and hold harmless the Agent and the Lenders and their respective directorseach director, officersofficer, employeesemployee, agents agent and each Person who controls the Agent or any Lender from and against any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all liabilities, losses, damages and expenses of every nature and character arising out of or relating to this Agreement or any of the other Loan Documents or the transactions contemplated hereby and thereby including, without limitation, (a) any and all claims for brokerage, leasing, finders or similar fees which may be made relating to the Borrowing Base Assets Mortgaged Properties or the Loans, (b) any condition of the Borrowing Base AssetsMortgaged Properties, (c) any actual or proposed use by the Borrower of the proceeds of any of the Loan Loans (d) any actual or alleged infringement of any patent, copyright, trademark, service mxxx mark or similar right of the Borrower, the Guarantors, or any of anx xx its Subsidiaries comprised in the Borrowing Base AssetsCollateral, (e) the Borrower and the Guarantors entering into or performing this Agreement or any of the other Loan Documents, (f) any actual or alleged violation of any law, ordinance, code, order, rule, regulation, approval, consent, permit or license relating to the Borrowing Base AssetsMortgaged Property, or (g) with respect to the Borrower Borrower, the Guarantors and its Subsidiaries and their respective properties and assets, the violation of any Environmental Law, the Release or threatened Release of any Hazardous Substances or any action, suit, proceeding or investigation brought or threatened with respect to any Hazardous Substances (including, but not limited to, claims with respect to wrongful death, personal injury, nuisance or damage to property), in each case including, without limitation, the reasonable fees and disbursements of counsel incurred in connection with any such investigation, litigation or other proceeding; providedPROVIDED, howeverHOWEVER, that the Borrower shall not be obligated under this §16 ss.16 to indemnify any Person for liabilities arising from such Person’s 's own gross negligence or willful misconduct. In litigation, or the preparation therefor, the Lenders and the Agent shall be entitled to select a single law firm as their own counsel and, in addition to the foregoing indemnity, the Borrower agrees to pay promptly the reasonable fees and expenses of such counsel. If, and to the extent that the obligations of the Borrower under this §16 ss.16 are unenforceable for any reason, the Borrower hereby agrees to make the maximum contribution to the payment in satisfaction of such obligations which is permissible under applicable law. The provisions of this §16 ss.16 shall survive the repayment of the Loan Loans and the termination of the obligations of the Lenders hereunder.

Lender Indemnification. The Borrower agrees to indemnify and hold harmless the Agent and the Lenders and their respective directorseach director, officersofficer, employeesemployee, agents agent and each Person who controls the Agent or any Lender from and against any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all liabilities, 100 losses, damages and expenses of every nature and character arising out of or relating to this Agreement or any of the other Loan Documents or the transactions contemplated hereby and thereby including, without limitation, (a) any and all claims for brokerage, leasing, finders or similar fees which may be made relating to the Borrowing Base Assets Mortgaged Properties or the Loans, (b) any condition of the Borrowing Base AssetsMortgaged Properties, (c) any actual or proposed use by the Borrower of the proceeds of any of the Loan Loans (d) any actual or alleged infringement of any patent, copyright, trademark, service mxxx xxxx or similar right of the Borrower, the Guarantors, or any of its Subsidiaries comprised in the Borrowing Base AssetsCollateral, (e) the Borrower and the Guarantors entering into or performing this Agreement or any of the other Loan Documents, (f) any actual or alleged violation of any law, ordinance, code, order, rule, regulation, approval, consent, permit or license relating to the Borrowing Base AssetsMortgaged Property, or (g) with respect to the Borrower Borrower, the Guarantors and its Subsidiaries and their respective properties and assets, the violation of any Environmental Law, the Release or threatened Release of any Hazardous Substances or any action, suit, proceeding or investigation brought or threatened with respect to any Hazardous Substances (including, but not limited to, claims with respect to wrongful death, personal injury, nuisance or damage to property), in each case including, without limitation, the reasonable fees and disbursements of counsel incurred in connection with any such investigation, litigation or other proceeding; provided, however, that the Borrower shall not be obligated under this §16 ss.16 to indemnify any Person for liabilities arising from such Person’s 's own gross negligence or willful misconduct. In litigation, or the preparation therefor, the Lenders and the Agent shall be entitled to select a single law firm as their own counsel and, in addition to the foregoing indemnity, the Borrower agrees to pay promptly the reasonable fees and expenses of such counsel. If, and to the extent that the obligations of the Borrower under this §16 ss.16 are unenforceable for any reason, the Borrower hereby agrees to make the maximum contribution to the payment in satisfaction of such obligations which is permissible under applicable law. The provisions of this §16 ss.16 shall survive the repayment of the Loan Loans and the termination of the obligations of the Lenders hereunder.

Lender Indemnification. The Borrower agrees to indemnify and hold harmless the Agent and the Lenders and their respective directorseach director, officersofficer, employeesemployee, agents agent and each Person who controls the Agent or any Lender from and against any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all liabilities, losses, damages and expenses of every nature and character arising out of or relating to this Agreement or any of the other Loan Documents or the transactions contemplated hereby and thereby including, without limitation, (a) any and all claims for brokerage, leasing, finders or similar fees which may be made relating to the Borrowing Base Theatre Assets or the Loans, (b) any condition of the Borrowing Base Theatre Assets, (c) any actual or proposed use by the Borrower of the proceeds of any of the Loan Loans (d) any actual or alleged infringement of any patent, copyright, trademark, service mxxx mark or similar right of the Borrower, or the Guarantor, xx any of its Subsidiaries comprised in the Borrowing Base Assetscollateral, (e) the Borrower and the Guarantor entering into or performing this Agreement or any of the other Loan Documents, (f) any actual or alleged violation of any law, ordinance, code, order, rule, regulation, approval, consent, permit or license relating to the Borrowing Base Theatre Assets, or (g) with respect to the Borrower Borrower, the Guarantor and its their Subsidiaries and their respective properties and assets, the violation of any Environmental Law, the Release or threatened Release of any Hazardous Substances or any action, suit, proceeding or investigation brought or threatened with respect to any Hazardous Substances (including, but not limited to, claims with respect to wrongful death, personal injury, nuisance or damage to property), in each case including, without limitation, the reasonable fees and disbursements of counsel incurred in connection with any such investigation, litigation or other proceeding; providedPROVIDED, howeverHOWEVER, that the Borrower shall not be obligated under this §16 ss.16 to indemnify any Person for liabilities arising from such Person’s 's own gross negligence or willful misconduct. In litigation, or the preparation therefor, the Lenders and the Agent shall be entitled to select a single law firm as their own counsel and, in addition to the foregoing indemnity, the Borrower agrees to pay promptly the reasonable fees and expenses of such counsel. If, and to the extent that the obligations of the Borrower under this §16 ss.16 are unenforceable for any reason, the Borrower hereby agrees to make the maximum contribution to the payment in satisfaction of such obligations which is permissible under applicable law. The provisions of this §16 ss.16 shall survive the repayment of the Loan Loans and the termination of the obligations of the Lenders hereunder.

Lender Indemnification. The Borrower agrees to indemnify and hold harmless the Agent and the Lenders and their respective directors, officers, employees, agents and each Person who controls the Agent or any Lender from and against any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all liabilities, losses, damages and expenses of every nature and character arising out of or relating to this Agreement or any of the other Loan Documents or the transactions contemplated hereby and thereby including, without limitation, (a) any and all claims for brokerage, leasing, finders or similar fees which may be made relating to the Borrowing Base Assets Properties or the Loans, (b) any condition of the Borrowing Base AssetsProperties, (c) any actual or proposed use by the Borrower of the proceeds of any of the Loan Loans (d) any actual or alleged infringement of any patent, copyright, trademark, service mxxx mark or similar right of the Borrower, or any of its Subsidiaries comprised Subsidiarixx xomprised in the Borrowing Base AssetsProperty, (e) the Borrower entering into or performing this Agreement or any of the other Loan Documents, (f) any actual or alleged violation of any law, ordinance, code, order, rule, regulation, approval, consent, permit or license relating to the Borrowing Base AssetsProperty, or (g) with respect to the Borrower and its Subsidiaries and their respective properties and assets, the violation of any Environmental Law, the Release or threatened Release of any Hazardous Substances or any action, suit, proceeding or investigation brought or threatened with respect to any Hazardous Substances (including, but not limited to, claims with respect to wrongful death, personal injury, nuisance or damage to property), in each case including, without limitation, the reasonable fees and disbursements of counsel incurred in connection with any such investigation, litigation or other proceeding; providedPROVIDED, howeverHOWEVER, that the Borrower shall not be obligated under this §16 ss.16 to indemnify any Person for liabilities arising from such Person’s 's own gross negligence or willful misconduct. In litigation, or the preparation therefor, the Lenders and the Agent shall be entitled to select a single law firm as their own counsel and, in addition to the foregoing indemnity, the Borrower agrees to pay promptly the reasonable fees and expenses of such counsel. If, and to the extent that the obligations of the Borrower under this §16 ss.16 are unenforceable for any reason, the Borrower hereby agrees to make the maximum contribution to the payment in satisfaction of such obligations which is permissible under applicable law. The provisions of this §16 ss.16 shall survive the repayment of the Loan Loans and the termination of the obligations of the Lenders hereunder.