Common use of Lenders’ indemnity to the Agent Clause in Contracts

Lenders’ indemnity to the Agent. Each Lender shall (in proportion to its share of the Total Commitments or, if the Total Commitments are then zero, to its share of the Total Commitments immediately prior to their reduction to zero) indemnify the Agent, within three Business Days of demand, against: (a) any Losses for negligence or any other category of liability whatsoever incurred by such Lenders’ Representative in the circumstances contemplated pursuant to clause 37.11 (Disruption to payment systems etc) notwithstanding the Agent’s negligence, gross negligence, or any other category of liability whatsoever but not including any claim based on the fraud of the Agent); and (b) any other Losses (otherwise than by reason of the Agent’s gross negligence or wilful misconduct) including the costs of any person engaged in accordance with clause 34.6.3 (Rights and discretions of the Agent) and any Receiver in acting as its agent under the Finance Documents in each case incurred by the Agent in acting as such under the Finance Documents (unless the Agent has been reimbursed by an Obligor pursuant to a Finance Document or out of the Trust Property).

Lenders’ indemnity to the Agent. Each Lender shall (in proportion to its share of the Total Commitments or, if the Total Commitments are then zero, to its share of the Total Commitments immediately prior to their reduction to zero) indemnify the Agent, within three (3) Business Days of demand, against: (a) save as set out in (b) below, any Losses cost, loss or liability (including, without limitation, for negligence or any other category of liability whatsoever whatsoever) incurred by such Lenders’ Representative the Agent (otherwise than by reason of the Agent’s gross negligence or wilful misconduct)) or, (b) in the circumstances contemplated case of any cost, loss or liability pursuant to clause 37.11 Clause 28.10 (Disruption to payment Payment systems etc.) notwithstanding the Agent’s negligence, gross negligence, negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Agent); and (b) any other Losses (otherwise than by reason of the Agent’s gross negligence or wilful misconduct) including the costs of any person engaged , in accordance with clause 34.6.3 (Rights and discretions of the Agent) and any Receiver either case, in acting as its agent under the Finance Documents in each case incurred by the Agent in acting as such under the Finance Documents (unless unless, in either case, the Agent has been reimbursed by an Obligor pursuant to a Finance Document or out of or, as the Trust Propertycase may be, by the relevant person pursuant to Clause 28.4 (Clawback)).

Lenders’ indemnity to the Agent. Each Lender shall (in proportion to its share of the Total Commitments or, if the Total Commitments are then zero, to its share of the Total Commitments immediately prior to their reduction to zero) indemnify the Agent, within three Business Days of demand, against: (a) any Losses for negligence or any other category of liability whatsoever incurred by such Lenders’ Representative in the circumstances contemplated pursuant to clause 37.11 38.11 (Disruption to payment systems etc) notwithstanding the Agent’s negligence, gross negligence, or any other category of liability whatsoever but not including any claim based on the fraud of the Agent); and (b) any other Losses (otherwise than by reason of the Agent’s gross negligence or wilful misconduct) including the costs of any person engaged in accordance with clause 34.6.3 35.6.3 (Rights and discretions of the Agent) and any Receiver in acting as its agent under the Finance Documents in each case incurred by the Agent in acting as such under the Finance Documents (unless the Agent has been reimbursed by an Obligor pursuant to a Finance Document or out of the Trust Property).

Lenders’ indemnity to the Agent. Each Lender shall (in proportion to its share of the Total Commitments or, if the Total Commitments are then zero, to its share of the Total Commitments immediately prior to their reduction to zero) indemnify the Agent, within three (3) Business Days of demand, against: (a) save as set out in (b) below, any Losses cost, loss or liability (including, without limitation, for negligence or any other category of liability whatsoever whatsoever) incurred by such Lenders’ Representative the Agent (otherwise than by reason of the Agent’s gross negligence or wilful misconduct)) or, (b) (b) in the circumstances contemplated case of any cost, loss or liability pursuant to clause 37.11 Clause 28.10 (Disruption to payment Payment systems etc.) notwithstanding the Agent’s negligence, gross negligence, negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Agent); and (b) any other Losses (otherwise than by reason of the Agent’s gross negligence or wilful misconduct) including the costs of any person engaged , in accordance with clause 34.6.3 (Rights and discretions of the Agent) and any Receiver either case, in acting as its agent under the Finance Documents in each case incurred by the Agent in acting as such under the Finance Documents (unless unless, in either case, the Agent has been reimbursed by an Obligor pursuant to a Finance Document or out of or, as the Trust Propertycase may be, by the relevant person pursuant to Clause 28.4 (Clawback)).

Lenders’ indemnity to the Agent. Each Lender shall (in proportion to its share of the Total Commitments or, if the Total Commitments are then zero, to its share of the Total Commitments immediately prior to their reduction to zero) indemnify the Agent, within three Business Days of demand, against: against any cost, loss, fee, expense, claim or liability (a) any Losses including, without limitation, for negligence or any other category of liability whatsoever whatsoever) (together with any applicable VAT) incurred by such Lenders’ Representative the Agent (otherwise than by reason of the Agent’s gross negligence or willful misconduct) (or, in the circumstances contemplated case of any cost, loss, fee, expense, claim or liability pursuant to clause 37.11 Clause 28.10 (Disruption to payment systems etcEtc.) notwithstanding the Agent’s negligence, gross negligence, negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Agent); and (b) any other Losses (otherwise than by reason of the Agent’s gross negligence or wilful misconduct) including the costs of any person engaged in accordance with clause 34.6.3 (Rights and discretions of the Agent) and any Receiver in acting as its agent under the Finance Documents in each case incurred by the Agent in acting as such under the Finance Documents (unless the Agent has been reimbursed by an Obligor pursuant to a Finance Document or out of the Trust PropertyDocument).

Lenders’ indemnity to the Agent. Each Lender shall (in proportion to its share of the Total Commitments or, if the Total Commitments are then zero, to its share of the Total Commitments immediately prior to their reduction to zero) indemnify the Agent, within three (3) Business Days of demand, against: (a) save as set out in (b) below, any Losses cost, loss or liability (including, without limitation, for negligence or any other category of liability whatsoever whatsoever) incurred by such Lenders’ Representative the Agent (otherwise than by reason of the Agent’s gross negligence or wilful misconduct)) or, (b) in the circumstances contemplated case of any cost, loss or liability pursuant to clause 37.11 Clause 28.10 (Disruption to payment Payment systems etc.) notwithstanding the Agent’s negligence, gross negligence, negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Agent); and (b) any other Losses (otherwise than by reason of the Agent’s gross negligence or wilful misconduct) including the costs of any person engaged , in accordance with clause 34.6.3 (Rights and discretions of the Agent) and any Receiver either case, in acting as its agent Agent under the Finance Documents Table of Contents (unless, in each case incurred by the Agent in acting as such under the Finance Documents (unless either case, the Agent has been reimbursed by an Obligor pursuant to a Finance Document or out of or, as the Trust Propertycase may be, by the relevant person pursuant to Clause 28.4 (Clawback)).

Lenders’ indemnity to the Agent. Each Lender shall (in proportion to its share of the Total Commitments or, if the Total Commitments are then zero, to its share of the Total Commitments immediately prior to their reduction to zero) indemnify the Agent, within three Business Days of demand, against: (a) any Losses for negligence or any other category of liability whatsoever incurred by such LendersXxxxxxx’ Representative in the circumstances contemplated pursuant to clause 37.11 (Disruption to payment systems etc) notwithstanding the Agent’s negligence, gross negligence, or any other category of liability whatsoever but not including any claim based on the fraud of the Agent); and (b) any other Losses (otherwise than by reason of the Agent’s gross negligence or wilful misconduct) including the costs of any person engaged in accordance with clause 34.6.3 34.6(c) (Rights and discretions of the Agent) and any Receiver in acting as its agent under the Finance Documents in each case incurred by the Agent in acting as such under the Finance Documents (unless the Agent has been reimbursed by an Obligor pursuant to a Finance Document or out of the Trust Property).