Common use of Miscellaneous indemnities Clause in Contracts

Miscellaneous indemnities. The Borrower shall on demand indemnify each Creditor, without prejudice to any of such Creditor's other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which such Creditor shall certify as sustained or incurred by it as a consequence of: 11.1.1 any default in payment of any sum under any of the Security Documents when due; 11.1.2 the occurrence of any other Event of Default; 11.1.3 any prepayment of the Loan or part thereof being made under clauses 4.3.3, 8.2.1(a) or 12.1 or any other repayment or prepayment of the Loan or part thereof being made, otherwise than on an Interest Payment Date relating to the part of the Loan prepaid or repaid; 11.1.4 applying any sum standing to the credit of the Cash Collateral Account otherwise than on the last day of a deposit period relating thereto; 11.1.5 any Advance not being made for any reason (excluding any default by the Agent or any Bank) after the Drawdown Notice for such Advance has been given; or 11.1.6 any L/C not being issued for any reason (excluding any default by any Creditor) after the Issue Request for such L/C has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred by a Bank in maintaining or funding its Contribution or (as the case may be) Commitment or any part thereof or any amount owing under clauses 2.10.2 or 4.1.1 or in liquidating or re-employing deposits from third parties acquired to effect or maintain its Contribution or (as the case may be) Commitment or any part thereof or any amount owing under clauses 2.10.2 or 4.1.1.

Miscellaneous indemnities. The Borrower Borrowers shall on demand indemnify each Creditor, without prejudice to any of such Creditor's ’s other rights under any of the Security Documents, against any loss (including but excluding loss of Margin) or expense which such Creditor shall certify as sustained or incurred by it as a consequence of: 11.1.1 any default by any Security Party in payment of any sum under any of the Security Documents when due; 11.1.2 the occurrence of any other Event of Default; 11.1.3 any prepayment of the Loan an Advance or Tranche (or any part thereof thereof) being made under clauses 4.3.32.10, 4.2, 4.4, 8.2.1(a) or 12.1 or any other repayment or prepayment of the Loan an Advance or part thereof Tranche being made, made otherwise than on an Interest Payment Date relating to the part of the Loan Advance or Tranche prepaid or repaidrepaid (but provided that any loss payable to a Bank under this clause 11.1.3 shall not exceed the amount (if any) by which (a) the additional interest which would have been payable to that Bank on the amounts so prepaid had they been repaid on such Interest Payment Date, exceeds (b) the amount of interest which, in the opinion of that Bank, would be payable to that Bank in respect of a deposit in Dollars in an amount similar to the amount so prepaid, if placed by that Bank with a prime bank in London for a period starting on the day of such prepayment and ending on such Interest Payment Date); 11.1.4 applying any sum standing to the credit of the Cash Collateral Account otherwise than on the last day of a deposit period relating thereto; 11.1.5 any Advance not being made for any reason (excluding any default by the Agent or any Bank) after the Drawdown Notice for such Advance has been given; or 11.1.6 any L/C not being issued for any reason (excluding any default by any Creditor) after the Issue Request for such L/C has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred by a Bank the relevant Creditor in maintaining or funding its Contribution or (or, as the case may be) , its Commitment (or any part thereof or any amount owing under clauses 2.10.2 or 4.1.1 thereof) or in liquidating or re-employing deposits from third parties acquired to effect or maintain its Contribution or (or, as the case may be) , its Commitment (or any part thereof thereof) or in terminating or reversing or otherwise in connection with, any interest rate and/or currency swap or other derivative transaction or other arrangement entered into by a Creditor (whether with another legal entity or with another office or department of such Creditor) to hedge any exposure arising under this Agreement by the Swap Provider under the Master Agreement or in terminating, reversing, or otherwise in connection with, any open position arising under this Agreement, or any other amount owing under clauses 2.10.2 or 4.1.1to such Creditor.

Miscellaneous indemnities. The Borrower shall on demand indemnify each Creditor, Bank Beneficiary without prejudice to any of such Creditor's their other rights under any of this Agreement and the Security Facility Documents, against any loss (including loss of Margin, but only loss of Margin in respect of the actual Contributions of each Bank to the Loans at the relevant time) or expense which such Creditor Bank Beneficiary shall certify (subject always to clause 8.10 (Certificates conclusive)) as sustained or incurred by it as a consequence of: 11.1.1 12.1.1 any default in payment by any Security Party of any sum under this Agreement or any of the Security Facility Documents when due; 11.1.2 12.1.2 subject to any exclusion in the final paragraph of clause 12.3.1 below, the occurrence of any other Event of Default; 11.1.3 12.1.3 the exercise by the Bank Trustee of any prepayment or all of its rights under or pursuant to the Loan or part thereof being made under clauses 4.3.3Facility Documents; 12.1.4 if applicable, 8.2.1(a) or 12.1 or any other repayment or prepayment of the Loan all or part thereof of a Loan being made, made otherwise than on an Interest Payment Date relating to the part of the Loan prepaid repaid or repaid;prepaid; or 11.1.4 applying any sum standing to the credit of the Cash Collateral Account otherwise than on the last day of a deposit period relating thereto; 11.1.5 12.1.5 any Advance not being made for any reason (excluding any default by the Agent or any Banka Bank Beneficiary) after the a Drawdown Notice for such Advance has been given; or 11.1.6 any L/C not being issued for any reason (excluding any default by any Creditor) after the Issue Request for such L/C has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred by a such Bank Beneficiary in maintaining or funding its Contribution or (as the case may be) Commitment all or any part thereof of its Contributions or any amount owing under clauses 2.10.2 or 4.1.1 Commitments or in liquidating or re-employing deposits from third parties acquired or contracted for to effect or maintain its Contribution or (as the case may be) Commitment fund all or any part thereof of its Contributions or Commitments or any other amount owing under clauses 2.10.2 or 4.1.1to such Bank Beneficiary.

Miscellaneous indemnities. The Borrower shall on demand (and it is hereby expressly undertaken by the Borrower to) indemnify each Creditorthe Lender, without prejudice to any of such Creditor's the other rights of the Lender under any of the Security Finance Documents, against any loss (including excluding loss of Marginthe applicable Margin but including any Break Costs) or expense which such Creditor the Lender shall certify as sustained or incurred by it as a consequence of: 11.1.1 (a) any default in payment by any of the Security Parties of any sum under any of the Security Finance Documents when due; 11.1.2 (b) the occurrence of any other Event of DefaultDefault which is continuing; 11.1.3 (c) any prepayment of the Loan or part thereof being made under clauses 4.3.3Clauses 4.2 (Voluntary Prepayment) and 4.3 (Mandatory Prepayment in case of Total Loss or sale or refinancing of the Vessel), 8.2.1(a8.5(a) (Security shortfall-Additional Security), Clause 12.1 (Unlawfulness) or 12.1 Clause 12.5 (Option to prepay) or any other repayment or prepayment of the Loan or part thereof being made, made otherwise than on an Interest Payment Date relating to the part of the Loan prepaid or repaid;; or 11.1.4 applying any sum standing to (d) the credit of Commitment or the Cash Collateral Account otherwise than on the last day of a deposit period relating thereto; 11.1.5 any Advance relevant part thereof not being made advanced for any reason (excluding any default by the Agent Lender and any reason specified in Clauses 3.6 (Market disruption), 4.3 (a) (Total Loss of Vessel) or any Bank12.1 (Unlawfulness) after the Drawdown Notice for such Advance has been given; or 11.1.6 any L/C not being issued for any reason (excluding any default by any Creditor) after the Issue Request for such L/C has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred by a Bank in maintaining or funding its Contribution or (as the case may be) Commitment Loan or any part thereof or any amount owing under clauses 2.10.2 or 4.1.1 or in liquidating or re-employing deposits from third parties acquired to effect or maintain its Contribution or (as the case may be) Commitment Loan or any part thereof or any amount owing under clauses 2.10.2 or 4.1.1thereof.

Miscellaneous indemnities. The Borrower shall on demand indemnify each Creditor, Beneficiary without prejudice to any of such Creditor's their other rights under any of this Agreement and the Security Facility Documents, against any loss (including loss of Margin, but only loss of Margin in respect of the actual Contributions of each Lender to the Loans at the relevant time) or expense which such Creditor Beneficiary shall certify (subject always to clause 8.10 (Certificates conclusive)) as sustained or incurred by it as a consequence of: 11.1.1 12.1.1 any default in payment by any Security Party of any sum under this Agreement or any of the Security Facility Documents when due; 11.1.2 12.1.2 subject to any exclusion in the final paragraph of clause 12.3.1 below, the occurrence of any other Event of Default; 11.1.3 12.1.3 the exercise by the Security Trustee of any prepayment or all of its rights under or pursuant to the Loan or part thereof being made under clauses 4.3.3Facility Documents; 12.1.4 if applicable, 8.2.1(a) or 12.1 or any other repayment or prepayment of the Loan all or part thereof of a Loan being made, made otherwise than on an Interest Payment Date relating to the part of the Loan prepaid repaid or repaid;prepaid; or 11.1.4 applying any sum standing to the credit of the Cash Collateral Account otherwise than on the last day of a deposit period relating thereto; 11.1.5 12.1.5 any Advance not being made for any reason (excluding any default by the Agent or any Banka Beneficiary) after the a Drawdown Notice for such Advance has been given; or 11.1.6 any L/C not being issued for any reason (excluding any default by any Creditor) after the Issue Request for such L/C has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred by a Bank such Beneficiary in maintaining or funding its Contribution or (as the case may be) Commitment all or any part thereof of its Contributions or any amount owing under clauses 2.10.2 or 4.1.1 Commitments or in liquidating or re-employing deposits from third parties acquired or contracted for to effect or maintain its Contribution or (as the case may be) Commitment fund all or any part thereof of its Contributions or Commitments or any other amount owing under clauses 2.10.2 or 4.1.1to such Beneficiary.

Miscellaneous indemnities. The Borrower shall on demand indemnify each CreditorBeneficiary, without prejudice to any of such Creditor's their other rights under any of this Agreement and the Security Facility Documents, against any loss (including loss of Margin, but only loss of Margin in respect of the actual Contribution of each Lender to the Loan at the relevant time) or expense which such Creditor Beneficiary shall certify (subject always to clause 8.10 (Certificates conclusive)) as sustained or incurred by it as a consequence of: 11.1.1 12.1.1 any default in payment by any Security Party of any sum under this Agreement or any of the Security Facility Documents when due; 11.1.2 12.1.2 subject to any exclusion in the final paragraph of clause 12.3.1 below, the occurrence of any other Event of Default; 11.1.3 12.1.3 the exercise by the Security Trustee of any prepayment or all of its rights under or pursuant to the Loan or part thereof being made under clauses 4.3.3Facility Documents; 12.1.4 if applicable, 8.2.1(a) or 12.1 or any other repayment or prepayment of all or part of the Loan or part thereof being made, made otherwise than on an Interest Payment Date relating to the part of the Loan prepaid repaid or repaid;prepaid; or 11.1.4 applying any sum standing to the credit of the Cash Collateral Account otherwise than on the last day of a deposit period relating thereto; 11.1.5 12.1.5 any Advance not being made for any reason (excluding any default by the Agent or any Banka Beneficiary) after the a Drawdown Notice for such Advance has been given; or 11.1.6 any L/C not being issued for any reason (excluding any default by any Creditor) after the Issue Request for such L/C has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred by a Bank such Beneficiary in maintaining or funding all or any part of its Contribution or (as the case may be) Commitment or any part thereof or any amount owing under clauses 2.10.2 or 4.1.1 or in liquidating or re-employing deposits from third parties acquired or contracted for to effect fund all or maintain any part of its Contribution or (as the case may be) Commitment or any part thereof or any other amount owing under clauses 2.10.2 or 4.1.1to such Beneficiary.

Miscellaneous indemnities. The Borrower shall on demand indemnify each CreditorFinance Party, without prejudice to any of such Creditor's their other rights under any of the Security Finance Documents, against any loss (including loss of Margin) or expense which such Creditor the Finance Parties shall certify as sustained or incurred by it as a consequence of: 11.1.1 any default in payment by the Borrower of any sum under any of the Security Finance Documents when due; 11.1.2 the occurrence of any other Event of Default; 11.1.3 any prepayment of the Loan Facility or part thereof being made under clauses 4.3.3clause 4.2, 8.2.1(a) 4.4, 8.2.1 or 12.1 12.1, or any other repayment or prepayment of the Loan Facility or part thereof being made, made otherwise than on an Interest Payment Date relating to the part of the Loan Facility prepaid or repaid;; or 11.1.4 applying any sum standing to the credit of the Cash Collateral Account otherwise than on the last day of a deposit period relating thereto; 11.1.5 any Advance Facility not being made for any reason (excluding any default by the Agent or any Bank) after the Drawdown Notice for such Advance has been given; or 11.1.6 any L/C not being issued for any reason (excluding any default by any Creditor) after the Issue Request for such L/C in relation thereto has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred by a any Bank in maintaining or funding its Contribution or (as the case may be) Commitment or any part thereof or any amount owing under clauses 2.10.2 or 4.1.1 or in liquidating or re-employing deposits from third parties acquired to effect or maintain its Contribution or (as the case may be) Commitment or any part thereof or any other amount owing under clauses 2.10.2 to such Bank Provided always that no such indemnity shall be payable in the case where such loss or 4.1.1expenses sustained or incurred has arisen as a result of the gross negligence or wilful misconduct of the Finance Parties.

Miscellaneous indemnities. (a) The Borrower shall on demand (and it is hereby expressly jointly and severally undertaken by the Borrower to) indemnify each Creditorthe Bank, without prejudice to any of such Creditor's the other rights of the Bank under any of the Security Documents, against any loss (including loss of Margin) or expense which such Creditor the Bank shall certify as sustained or incurred by it as a consequence of: 11.1.1 (i) any default in payment by any of the Security Parties of any sum under any of the Security Documents when due; 11.1.2 (ii) the occurrence and/or continuance of any Event of Default (or event which, with the giving of notice and/or lapse of time or other applicable condition, might constitute an Event of Default;) and/or the acceleration of repayment of the Loan (or any part thereof) pursuant to Clause 9.10; and/or 11.1.3 (iii) any prepayment of the Loan or part thereof being made under clauses 4.3.3Clauses 4.2, 8.2.1(a4.3, 8.10(a) or 12.1 12 or any other repayment or prepayment of the Loan or part thereof being made, made otherwise than on an Interest Payment Date relating to the part of the Loan prepaid or repaid;; or 11.1.4 applying any sum standing to (iv) the credit of the Cash Collateral Account otherwise than on the last day of a deposit period relating thereto; 11.1.5 any Commitment or an Advance not being made advanced for any reason (excluding any default by the Agent or any Bank) after the relevant Drawdown Notice for such Advance has been given; or, 11.1.6 (b) Without limiting its generality, Clause 10.1(a) covers any L/C not being issued for any reason (excluding any default by any Creditor) after the Issue Request for such L/C has been givenclaim, includingexpense, in any such caseliability or loss, but not limited toincluding a loss of a prospective profit, any loss or expense sustained or incurred by a Bank in maintaining or funding its Contribution or the Bank: (as the case may bei) Commitment or any part thereof or any amount owing under clauses 2.10.2 or 4.1.1 or in liquidating or re-employing deposits from third parties acquired or arranged to effect fund or maintain its Contribution or (as the case may be) Commitment all or any part thereof of the Loan and/or any overdue amount (or an aggregate amount which includes the Loan or any overdue amount); and (ii) in terminating or reversing, or otherwise in connection with, any Transaction or any other interest rate and/or currency swap or any other transaction or arrangement entered into by the Bank (whether with another legal entity or with another office or department of the Bank) to hedge any exposure arising under this Agreement or that part which the Bank determines is fairly attributable to this Agreement of the amount owing of the liabilities, expenses or losses (including losses of prospective profits) incurred by it in terminating or reversing, or otherwise in connection with, any open position arising under clauses 2.10.2 this Agreement or 4.1.1the Master Agreement.

Miscellaneous indemnities. (a) The Borrower shall on demand (and it is hereby expressly jointly and severally undertaken by the Borrower to) indemnify each Creditorthe Bank, without prejudice to any of such Creditor's the other rights of the Bank under any of the Security Documents, against any loss (including loss of Margin) or expense which such Creditor the Bank shall certify as sustained or incurred by it as a consequence of: 11.1.1 (i) any default in payment by any of the Security Parties of any sum under any of the Security Documents when due; 11.1.2 (ii) the occurrence and/or continuance of any Event of Default (or event which, with the giving of notice and/or lapse of time or other applicable condition, might constitute an Event of Default;) and/or the acceleration of repayment of the Loan (or any part thereof) pursuant to Clause 9.10; and/or 11.1.3 (iii) any prepayment of the Loan or part thereof being made under clauses 4.3.3Clauses 4.2, 8.2.1(a4.3, 8.10(a) or 12.1 12 or any other repayment or prepayment of the Loan or part thereof being made, made otherwise than on an Interest Payment Date relating to the part of the Loan prepaid or repaid;; or 11.1.4 applying (iv) the Commitment (or any sum standing to the credit of the Cash Collateral Account otherwise than on the last day of a deposit period relating thereto; 11.1.5 any Advance part thereof) not being made advanced for any reason (excluding any default by the Agent or any Bank) after the relevant Drawdown Notice for such Advance has been given; or, 11.1.6 (b) Without limiting its generality, Clause 10.1 (a) covers any L/C not being issued for any reason (excluding any default by any Creditor) after the Issue Request for such L/C has been givenclaim, includingexpense, in any such caseliability or loss, but not limited toincluding a loss of a prospective profit, any loss or expense sustained or incurred by a Bank in maintaining or funding its Contribution or the Bank: (as the case may bei) Commitment or any part thereof or any amount owing under clauses 2.10.2 or 4.1.1 or in liquidating or re-employing deposits from third parties acquired or arranged to effect fund or maintain its Contribution or (as the case may be) Commitment all or any part thereof of the Loan and/or any overdue amount (or an aggregate amount which includes the Loan or any overdue amount); and (ii) in terminating or reversing, or otherwise in connection with, any Transaction or any other interest rate and/or currency swap or any other transaction or arrangement entered into by the Bank (whether with another legal entity or with another office or department of the Bank) to hedge any exposure arising under this Agreement or that part which the Bank determines is fairly attributable to this Agreement of the amount owing of the liabilities, expenses or losses (including losses of prospective profits) incurred by it in terminating or reversing, or otherwise in connection with, any open position arising under clauses 2.10.2 this Agreement or 4.1.1the Master Agreement.

Miscellaneous indemnities. (a) The Borrower Borrowers shall on demand (and it is hereby expressly jointly and severally undertaken by the Borrowers to) indemnify each Creditorthe Bank, without prejudice to any of such Creditor's the other rights of the Bank under any of the Security Documents, against any loss (including loss of Margin) or expense which such Creditor the Bank shall certify as sustained or incurred by it as a consequence of: 11.1.1 (i) any default in payment by any of the Security Parties of any sum under any of the Security Documents when due; 11.1.2 (ii) the occurrence and/or continuance of any Event of Default (or event which, with the giving of notice and/or lapse of time or other applicable condition, might constitute an Event of Default;) and/or the acceleration of repayment of the Loan (or any part thereof) pursuant to Clause 9.10; and/or 11.1.3 (iii) any prepayment of the Loan or part thereof being made under clauses 4.3.3Clauses 4.2, 8.2.1(a4.3, 8.10(a) or 12.1 12 or any other repayment or prepayment of the Loan or part thereof being made, made otherwise than on an Interest Payment Date relating to the part of the Loan prepaid or repaid;; or 11.1.4 applying any sum standing to (iv) the credit of the Cash Collateral Account otherwise than on the last day of a deposit period relating thereto; 11.1.5 any Advance Commitment or either Tranche not being made advanced for any reason (excluding any default by the Agent or any Bank) after the Drawdown Notice for such Advance has been given; or, 11.1.6 (b) Without limiting its generality, Clause 10.1(a) covers any L/C not being issued for any reason (excluding any default by any Creditor) after the Issue Request for such L/C has been givenclaim, includingexpense, in any such caseliability or loss, but not limited toincluding a loss of a prospective profit, any loss or expense sustained or incurred by a Bank in maintaining or funding its Contribution or the Bank: (as the case may bei) Commitment or any part thereof or any amount owing under clauses 2.10.2 or 4.1.1 or in liquidating or re-employing deposits from third parties acquired or arranged to effect fund or maintain its Contribution or (as the case may be) Commitment all or any part thereof of the Loan and/or any overdue amount (or an aggregate amount which includes the Loan or any overdue amount); and (ii) in terminating or reversing, or otherwise in connection with, any Transaction or any other interest rate and/or currency swap or any other transaction or arrangement entered into by the Bank (whether with another legal entity or with another office or department of the Bank) to hedge any exposure arising under this Agreement or that part which the Bank determines is fairly attributable to this Agreement of the amount owing of the liabilities, expenses or losses (including losses of prospective profits) incurred by it in terminating or reversing, or otherwise in connection with, any open position arising under clauses 2.10.2 this Agreement or 4.1.1the Master Agreement.

Miscellaneous indemnities. The Borrower Borrowers shall on demand (and it is hereby expressly undertaken by the Borrowers to) indemnify each Creditorthe Lender, without prejudice to any of such Creditor's the other rights of the Lender under any of the Security Finance Documents, against any loss (including excluding loss of Marginthe applicable Margin but including any Break Costs) or expense which such Creditor the Lender shall certify as sustained or incurred by it as a consequence of: 11.1.1 (a) any default in payment by any of the Security Parties of any sum under any of the Security Finance Documents when due; 11.1.2 (b) the occurrence of any other Event of DefaultDefault which is continuing; 11.1.3 (c) any prepayment of the Loan or part thereof being made under clauses 4.3.3Clauses 4.2 (Voluntary Prepayment) and 4.3 (Compulsory Prepayment in case of Total Loss or sale of a Vessel), 8.2.1(a8.5(a) (Security shortfall-Additional Security), Clause 12.1 (Unlawfulness) or 12.1 Clause 12.5 (Option to prepay) or any other repayment or prepayment of the Loan or part thereof being made, made otherwise than on an Interest Payment Date relating to the part of the Loan prepaid or repaid;; or 11.1.4 applying any sum standing to (d) the credit of Commitment or the Cash Collateral Account otherwise than on the last day of a deposit period relating thereto; 11.1.5 any Advance relevant part thereof not being made advanced for any reason (excluding any default by the Agent Lender and any reason specified in Clauses 3.6 (Market disruption), 4.3 (a) (Total Loss of a Mortgaged Vessel) or any Bank12.1 (Unlawfulness) after the Drawdown Notice for such Advance has been given; or 11.1.6 any L/C not being issued for any reason (excluding any default by any Creditor) after the Issue Request for such L/C has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred by a Bank in maintaining or funding its Contribution or (as the case may be) Commitment Loan or any part thereof or any amount owing under clauses 2.10.2 or 4.1.1 or in liquidating or re-employing deposits from third parties acquired to effect or maintain its Contribution or (as the case may be) Commitment Loan or any part thereof or any amount owing under clauses 2.10.2 or 4.1.1thereof.

Miscellaneous indemnities. The Borrower shall on demand (and it is hereby expressly undertaken by the Borrower to) indemnify each Creditorthe Lender, without prejudice to any of such Creditor's the other rights of the Lender under any of the Security Finance Documents, against any loss (including excluding loss of Marginthe applicable Margin but including any Break Costs) or expense which such Creditor the Lender shall certify as sustained or incurred by it as a consequence of: 11.1.1 (a) any default in payment by any of the Security Parties of any sum under any of the Security Finance Documents when due; 11.1.2 (b) the occurrence of any other Event of DefaultDefault which is continuing; 11.1.3 (c) any prepayment of the Loan or part thereof being made under clauses 4.3.3Clauses 4.2 (Voluntary Prepayment) and 4.3 (Mandatory Prepayment in case of Total Loss or sale or refinancing of the Vessel), 8.2.1(a8.5(a) (Security shortfall-Additional Security), Clause 12.1 (Unlawfulness) or 12.1 Clause 12.5 (Option to prepay) or any other repayment or prepayment of the Loan or part thereof being made, made otherwise than on an Interest Payment Date relating to the part of the Loan prepaid or repaid;; or 11.1.4 applying any sum standing to (d) the credit of Commitment or the Cash Collateral Account otherwise than on the last day of a deposit period relating thereto; 11.1.5 any Advance relevant part thereof not being made advanced for any reason (excluding any default by the Agent Lender and any reason specified in Clauses 3.6 (Market disruption), 4.3 (a) (Total Loss of the Vessel) or any Bank12.1 (Unlawfulness) after the Drawdown Notice for such Advance has been given; or 11.1.6 any L/C not being issued for any reason (excluding any default by any Creditor) after the Issue Request for such L/C has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred by a Bank in maintaining or funding its Contribution or (as the case may be) Commitment Loan or any part thereof or any amount owing under clauses 2.10.2 or 4.1.1 or in liquidating or re-employing deposits from third parties acquired to effect or maintain its Contribution or (as the case may be) Commitment Loan or any part thereof or any amount owing under clauses 2.10.2 or 4.1.1thereof.

Miscellaneous indemnities. The Borrower shall on demand (and it is hereby expressly undertaken by the Borrower to) indemnify each Creditorthe Lender, without prejudice to any of such Creditor's the other rights of the Lender under any of the Security Finance Documents, against any loss (including loss of Margin) or expense which such Creditor the Lender shall certify as sustained or incurred by it as a consequence of: 11.1.1 (a) any default in payment by any of the Security Parties of any sum under any of the Security Finance Documents when due; 11.1.2 (b) the occurrence of any other Event of DefaultDefault which is continuing; 11.1.3 (c) any prepayment of the Loan or part thereof being made under clauses 4.3.3Clauses 4.2 (Voluntary Prepayment) and 4.3 (Compulsory Prepayment in case of Total Loss or sale of the Vessel), 8.2.1(a8.5(a) (Security shortfall-Additional Security) or 12.1 Clause 12 (Unlawfulness, Increased Costs) or any other repayment or prepayment of the Loan or part thereof being made, made otherwise than on an Interest Payment Date relating to the part of the Loan prepaid or repaid;; or 11.1.4 applying any sum standing to (d) the credit of the Cash Collateral Account otherwise than on the last day of a deposit period relating thereto; 11.1.5 any Advance Commitment not being made advanced for any reason (excluding any default by the Agent or Lender and any Bankreason mentioned in Clause 12.1 (Unlawfulness)) after the Drawdown Notice for such Advance has been given; or 11.1.6 any L/C not being issued for any reason (excluding any default by any Creditor) after the Issue Request for such L/C has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred by a Bank in maintaining or funding its Contribution or (as the case may be) Commitment Loan or any part thereof or any amount owing under clauses 2.10.2 or 4.1.1 or in liquidating or re-employing deposits from third parties acquired to effect or maintain its Contribution or (as the case may be) Commitment Loan or any part thereof or any amount owing under clauses 2.10.2 or 4.1.1thereof.

Miscellaneous indemnities. The Borrower Borrowers shall on demand indemnify each CreditorBank, the Arranger, the Swap Bank, the Security Trustee and the Agent, without prejudice to any of such Creditor's other their rights under any of the Security Documents, against any loss (including excluding loss of Margin) or expense which such Creditor Bank, the Swap Bank, the Security Trustee, Arranger or the Agent shall certify as sustained or incurred by it as a consequence of: 11.1.1 any default in payment of any sum under any of the Security Documents when due; 11.1.2 the occurrence of any other Event of Default; 11.1.3 any prepayment of the Loan or part thereof being made under clauses 4.3.34.4, 8.2.1(a8.2.1 (a) or 12.1 or any other repayment or prepayment of the Loan or part thereof being made, made otherwise than on an Interest Payment Date relating to the part of the Loan prepaid or repaid;; or 11.1.4 applying any sum standing to the credit of the Cash Collateral Account otherwise than on the last day of a deposit period relating thereto; 11.1.5 any Advance not being made for any reason (excluding any default by the Agent or any Bank) after the Drawdown Notice for such Advance has been given; or 11.1.6 any L/C not being issued for any reason (excluding any default by any Creditor) after the Issue Request for such L/C has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred by a Bank the relevant Creditor in maintaining or funding its Contribution or (or, as the case may be) , Commitment or any part thereof or any amount owing under clauses 2.10.2 or 4.1.1 or in liquidating or re-employing deposits from third parties acquired to effect or maintain its Contribution or (or, as the case may be) , Commitment or any part thereof or any other amount owing under clauses 2.10.2 or 4.1.1to such Creditor. In case any of such events generate a benefit, the net value thereof as determined by the Agent shall be accounted for by each Creditor concerned to the Borrowers.