Common use of Notice of Proceedings; Defense of Claims; Limitations Clause in Contracts

Notice of Proceedings; Defense of Claims; Limitations. (1) If any action, suit, or proceeding for which Borrower is responsible under this Section 9.1 is brought against any Indemnitee, such Indemnitee shall notify Borrower of the commencement thereof, and Borrower may, at its expense, participate in and, to the extent that it so desires (subject to the provisions of the following paragraph), assume and control the defense thereof and, subject to Section 9.1(e)(3), settle or compromise it.

Appears in 8 contracts

Samples: Loan Agreement (Airtran Holdings Inc), Loan Agreement (Airtran Holdings Inc), Loan Agreement (Airtran Holdings Inc)

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Notice of Proceedings; Defense of Claims; Limitations. (1i) If In case any action, suit, suit or proceeding shall be brought against any Indemnitee for which Borrower is responsible under this Section 9.1 is brought against any Indemnitee9.16, such Indemnitee shall notify Borrower of the commencement thereof, thereof and Borrower may, at its expense, participate in and, and to the extent that it so desires shall wish (subject to the provisions of the following paragraph), assume and control the defense thereof and, subject to Section 9.1(e)(39.16(e)(iii), settle or compromise itthe same.

Appears in 3 contracts

Samples: Loan Agreement (Republic Airways Holdings Inc), Loan Agreement (Republic Airways Holdings Inc), Loan Agreement (Republic Airways Holdings Inc)

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Notice of Proceedings; Defense of Claims; Limitations. (1i) If In case any action, suit, suit or proceeding shall be brought against any Indemnitee for which Borrower is responsible under this Section 9.1 is brought against any Indemnitee9.16, such Indemnitee shall notify Borrower of the commencement thereof, thereof and Borrower may, at its expense, participate in and, and to the extent that it so desires shall wish (subject to the Loan Agreement (2013) NYDOCS01/1266448.20 provisions of the following paragraph), assume and control the defense thereof and, subject to Section 9.1(e)(39.16(e)(iii), settle or compromise itthe same.

Appears in 1 contract

Samples: Security Agreement (Republic Airways Holdings Inc)

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