Common use of Security or Indemnity in favor of the Collateral Agent Clause in Contracts

Security or Indemnity in favor of the Collateral Agent. The Collateral Agent will not be required to advance or expend any funds or otherwise incur any financial liability in the performance of its duties or the exercise of its powers or rights hereunder unless it has been provided with security or indemnity reasonably satisfactory to it against any and all liability or expense which may be incurred by it by reason of taking or continuing to take such action.

Appears in 14 contracts

Samples: Collateral Agency Agreement (Gogo Inc.), Intercreditor Agreement (Gastar Exploration Inc.), Collateral Agency Agreement (Gogo Inc.)

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Security or Indemnity in favor of the Collateral Agent. The Collateral Agent will shall not be required to advance or expend any funds or otherwise incur any financial liability in the performance of its duties or the exercise of its powers or rights hereunder unless it has been provided with security or indemnity reasonably satisfactory to it which it, in its discretion, deems sufficient against any and all liability or expense which may be incurred by it by reason of taking or continuing to take such action. The Loan Parties hereby jointly and severally agree to provide such security or indemnity to the Collateral Agent promptly upon request by the Collateral Agent therefor.

Appears in 4 contracts

Samples: Intercreditor and Collateral Agency Agreement (Apria Healthcare Group Inc), Intercreditor and Collateral Agency Agreement (Am-Pac Tire Dist. Inc.), Intercreditor and Collateral Agency Agreement (Duane Reade)

Security or Indemnity in favor of the Collateral Agent. The Collateral Agent will shall not be required to advance or expend any funds or otherwise incur any liability, financial liability or otherwise, in the performance of its duties or the exercise of its powers or rights hereunder unless it has been provided with security or indemnity reasonably satisfactory to it which it, in its discretion, deems sufficient against any and all liability or expense which may be incurred by it by reason of taking or continuing to take such action.

Appears in 3 contracts

Samples: Priority Facility Agreement (Trico Marine Services Inc), Working Capital Facility Agreement (Trico Marine Services Inc), Collateral Agency Agreement (Offshore Logistics INC)

Security or Indemnity in favor of the Collateral Agent. The Collateral Agent will not be required to advance or expend any funds or otherwise incur any financial liability in the performance of its duties or the exercise of its powers or rights hereunder unless it has been provided with security or indemnity reasonably satisfactory to it against any and all cost, liability or expense which may be incurred by it by reason of taking or continuing to take such action.

Appears in 3 contracts

Samples: Credit Agreement (Sunstone Hotel Investors, Inc.), Term Loan Agreement (Diversified Healthcare Trust), Credit Agreement (Diversified Healthcare Trust)

Security or Indemnity in favor of the Collateral Agent. The Collateral Agent will not be required to advance advance, expend or expend risk any funds or otherwise incur any financial liability in the performance of its duties or the exercise of its powers or rights hereunder unless if it has been provided with shall have reasonable grounds to believe that repayment of such funds or security or indemnity reasonably satisfactory to it against any and all liability or expense which may be incurred by it by reason of taking or continuing to take such actionaction is not reasonably assured to it.

Appears in 2 contracts

Samples: Collateral Trust and Intercreditor Agreement (Foresight Energy LP), Collateral Trust and Intercreditor Agreement (Northern Tier Retail LLC)

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Security or Indemnity in favor of the Collateral Agent. The Collateral Agent will not be required to take any action at the direction of any Holders, to advance or expend any funds or otherwise incur any financial liability in the performance of its duties or the exercise of its powers or rights hereunder unless it has been provided with pre-funding, security or indemnity reasonably satisfactory to it against any and all cost, loss, liability or expense which may be incurred by it by reason of taking or continuing to take such action.

Appears in 1 contract

Samples: General Security Agreement (United Maritime Group, LLC)

Security or Indemnity in favor of the Collateral Agent. The Collateral Agent will shall not be required to advance or expend any funds or otherwise incur any financial liability in the performance of its duties or the exercise of its powers or rights hereunder unless it has been provided with security or indemnity reasonably satisfactory to it which it, in its discretion, deems sufficient against any and all liability or expense which may be incurred by it by reason of taking or continuing to take such action. The Directing Creditors hereby jointly and severally agree to provide such security or indemnity to the Collateral Agent promptly upon request by the Collateral Agent therefor.

Appears in 1 contract

Samples: Intercreditor and Collateral Agency Agreement (Dominion Textile (Usa), L.L.C.)

Security or Indemnity in favor of the Collateral Agent. The Collateral Agent will not be required to advance or expend any funds or otherwise incur any financial liability in the performance of its duties or the exercise of its powers or rights hereunder (or any omission to perform or exercise) unless it has been provided with security or indemnity reasonably satisfactory to it against any and all liability or expense which may be incurred by it by reason of taking or continuing to take or omitting to take such action.

Appears in 1 contract

Samples: Collateral Agency and Intercreditor Agreement (Diamond Offshore Drilling, Inc.)

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