Reimbursement and indemnity by Banks. Each Bank shall reimburse the Agent (rateably in accordance with such Bank's Percentage), to the extent that the Agent is not reimbursed by the Borrower, for the costs, charges and expenses incurred by the Agent which are expressed to be payable by the Borrower under clause 5.1 including (in each case) the fees and expenses of legal or other professional advisers. Each Bank shall on demand indemnify the Agent (rateably in accordance with such Bank's Percentage) against all liabilities, damages, costs and claims whatsoever incurred by the Agent in connection with any of the Security Documents or the performance of its duties under any of the Security Documents or any action taken or omitted by the Agent under any of the Security Documents, unless such liabilities, damages, costs or claims arise from the Agent's own gross negligence or wilful misconduct.
Appears in 2 contracts
Samples: Facility Agreement (Aegean Marine Petroleum Network Inc.), Facility Agreement (Aegean Marine Petroleum Network Inc.)
Reimbursement and indemnity by Banks. Each Bank shall reimburse the Agent (rateably in accordance with such Bank's Percentage’s Commitment or Contribution), to the extent that the Agent is not reimbursed by the BorrowerBorrowers or any of them, for the costs, charges and expenses incurred by the Agent which are expressed to be payable by the Borrower Borrowers or any of them under clause 5.1 including (in each case) the fees and expenses of legal or other professional advisers. Each Bank shall on demand indemnify the Agent (rateably in accordance with such Bank's Percentage’s Commitment or Contribution) against all liabilities, damages, costs and claims whatsoever incurred by the Agent in connection with any of the Security Documents or the performance of its duties under any of the Security Documents or any action taken or omitted by the Agent under any of the Security Documents, unless such liabilities, damages, costs or claims arise from the Agent's ’s own gross negligence or wilful misconduct.
Appears in 1 contract
Reimbursement and indemnity by Banks. Each Bank shall reimburse the Arranger and the Agent (rateably in accordance with such Bank's PercentageCommitment or Contribution), to the extent that the Arranger or the Agent is not reimbursed by the BorrowerBorrower or the Guarantor, for the costs, charges and expenses incurred by the Arranger and the Agent which are expressed to be payable by in connection with the Borrower under clause 5.1 contemplation of, or otherwise in connection with, the enforcement of, or the preservation of any rights under, or in carrying out its duties under, this Agreement including (in each case) the fees and expenses of legal or other professional advisers. Each Bank shall on demand indemnify the Agent (rateably in accordance with such Bank's Percentageits Commitment or Contribution) against all liabilities, damages, costs and claims whatsoever incurred by the Agent in connection with any of the Security Documents this Agreement or the performance of its duties under any of the Security Documents this Agreement or any action taken or omitted by the 61. 68 Agent under any of the Security Documentsthis Agreement, unless such liabilities, damages, costs or claims arise from the Agent's own gross negligence or wilful misconduct.
Appears in 1 contract
Samples: Floating Rate Guaranteed Credit Facility (Lsi Logic Corp)
Reimbursement and indemnity by Banks. Each Bank shall reimburse the Agent (rateably in accordance with such Bank's Percentage’s Commitment or Contribution), to the extent that the Agent is not reimbursed by the Borrower, for the costs, charges and expenses incurred by the Agent which are expressed to be payable by the Borrower under clause 5.1 5.2 including (in each case) the fees and expenses of legal or other professional advisers. Each Bank shall on demand indemnify the Agent (rateably in accordance with such Bank's Percentage’s Commitment or Contribution) against all liabilities, damages, costs and claims whatsoever incurred by the Agent in connection with any of the Security Documents or the performance of its duties under any of the Security Documents or any action taken or omitted by the Agent under any of the Security Documents, unless such liabilities, damages, costs or claims arise from the Agent's ’s own gross negligence or wilful misconduct.
Appears in 1 contract
Samples: Loan Agreement (DryShips Inc.)
Reimbursement and indemnity by Banks. Each Bank shall reimburse the Agent (rateably in accordance with such Bank's PercentageCommitment or Contribution), to the extent that the Agent is not reimbursed by the Borrower, for the costs, charges and expenses incurred by the Agent which are expressed to be payable by the Borrower under clause 5.1 including (in each case) the fees and expenses of legal or other professional advisers. Each Bank shall on demand indemnify the Agent (rateably in accordance with such Bank's PercentageCommitment or Contribution) against all liabilities, damages, costs and claims whatsoever incurred by the Agent in connection with any of the Security Documents or the performance of its duties under any of the Security Documents or any action taken or omitted by the Agent under any of the Security Documents, unless such liabilities, damages, costs or claims arise from the Agent's own gross negligence or wilful misconduct.
Appears in 1 contract
Samples: Loan Agreement (Diana Shipping Inc.)