Survival; Defense. The obligations in this Section 10.2 shall survive payment of all other Obligations. At the election of any Indemnified Person, Borrower shall defend such Indemnified Person using legal counsel satisfactory to such Indemnified Person in such Person's sole discretion, at the sole cost and expense of Borrower. All amounts owing under this Section 10.2 shall be paid within thirty (30) days after written demand.
Appears in 7 contracts
Samples: Warehousing Credit Agreement (PLM International Inc), Warehousing Credit Agreement (PLM International Inc), Warehousing Credit Agreement (PLM International Inc)
Survival; Defense. The obligations in this Section 10.2 SECTION 10.3 shall survive payment of all other Obligations. At the election of any Indemnified Person, Borrower shall defend such Indemnified Person using legal counsel satisfactory to such Indemnified Person in such Person's sole discretion, at the sole cost and expense of Borrower. All amounts owing under this Section 10.2 SECTION 10.3 shall be paid within thirty (30) days after written demand.
Appears in 5 contracts
Samples: Loan and Security Agreement (Soundbite Communications Inc), Loan and Security Agreement (NeuroMetrix, Inc.), Loan and Security Agreement (Soundbite Communications Inc)
Survival; Defense. The obligations in this Section 10.2 10.3 shall survive payment of all other Obligations. At the election of any Indemnified Person, Borrower shall defend such Indemnified Person using legal counsel satisfactory to such Indemnified Person in such Person's ’s sole discretion, at the sole cost and expense of Borrower. All amounts owing under this Section 10.2 10.3 shall be paid within thirty (30) days after written demand.
Appears in 4 contracts
Samples: Loan and Security Agreement (Riverbed Technology, Inc.), Loan and Security Agreement (Aruba Networks, Inc.), Loan and Security Agreement (Codexis Inc)
Survival; Defense. The obligations in this Section 10.2 shall survive payment of all other Obligations. At the election of any Indemnified Person, Borrower Borrowers shall defend such Indemnified Person using legal counsel satisfactory to such Indemnified Person in such Person's sole reasonable discretion, at the sole cost and expense of Borrowers, which cost and expense shall be allocated to Borrowers according to such Borrower's pro rata share of ownership of any Property in relation to which such obligations arise. All amounts owing under this Section 10.2 shall be paid within thirty (30) days after written demand.
Appears in 3 contracts
Samples: Warehousing Credit Agreement (PLM Equipment Growth Fund V), Warehousing Credit Agreement (PLM Equipment Growth Fund Vi), Warehousing Credit Agreement (Professional Lease Management Income Fund I LLC)
Survival; Defense. The obligations in this Section 10.2 shall survive payment of all other Obligations. At the election of any Indemnified Person, Borrower Borrowers shall defend such Indemnified Person using legal counsel satisfactory to such Indemnified Person in such Person's ’s sole discretion, at the sole cost and expense of Borrowers, which cost and expense shall be allocated to Borrowers according to such Borrower’s pro rata share of ownership of any Property in relation to which such obligations arise. All amounts owing under this Section 10.2 shall be paid within thirty (30) days after written demand.
Appears in 3 contracts
Samples: Warehousing Credit Agreement (PLM Equipment Growth Fund Vi), Warehousing Credit Agreement (PLM Equipment Growth & Income Fund Vii), Warehousing Credit Agreement (PLM Equipment Growth Fund V)
Survival; Defense. The obligations in this Section 10.2 shall survive payment of all other Obligations. At the election of any Indemnified Person, Borrower the Borrowers shall defend such Indemnified Person using legal counsel reasonably satisfactory to such Indemnified Person in such Person's ’s sole discretion, at the sole cost and expense of the Borrower. All amounts owing under this Section 10.2 shall be paid within thirty (30) days after written upon demand.
Appears in 2 contracts
Samples: Credit Agreement (North American Galvanizing & Coatings Inc), Credit Agreement (North American Galvanizing & Coatings Inc)
Survival; Defense. The obligations in this Section 10.2 shall survive payment of all other Obligations. At the election of any Indemnified Person, Borrower Borrowers shall defend such Indemnified Person using legal counsel satisfactory to such Indemnified Person in such Person's sole discretion, at the sole cost and expense of Borrowers, which cost and expense shall be allocated to Borrowers according to such Borrower's pro rata share of ownership of any Property in relation to which such obligations arise. All amounts owing under this Section 10.2 shall be paid within thirty (30) days after written demand.
Appears in 2 contracts
Samples: Warehousing Credit Agreement (PLM Equipment Growth Fund V), Warehousing Credit Agreement (Professional Lease Management Income Fund I LLC)
Survival; Defense. The obligations in this Section 10.2 10.3 shall survive payment of all other ObligationsObligations pursuant to Section 12.8. At the election of any Indemnified Person, Borrower shall defend such Indemnified Person using legal counsel satisfactory to such Indemnified Person in such Person's sole ’s reasonable discretion, at the sole cost and expense of Borrower. All amounts owing under this Section 10.2 10.3 shall be paid within thirty (30) days after written demand.
Appears in 2 contracts
Samples: Loan and Security Agreement (MAP Pharmaceuticals, Inc.), Venture Loan and Security Agreement (Cryocor Inc)
Survival; Defense. The obligations in this Section 10.2 10.3 ----------------- shall survive payment of all other Obligations. At the election of any Indemnified Person, Borrower shall defend such Indemnified Person using legal counsel satisfactory to such Indemnified Person in such Person's sole discretion, at the sole cost and expense of Borrower. All amounts owing under this Section 10.2 10.3 shall be paid within thirty (30) days after written demand.
Appears in 1 contract
Samples: Loan and Security Agreement (Copper Mountain Networks Inc)
Survival; Defense. The obligations in this Section 10.2 9.11 shall survive payment of all other Obligations. At the election of any Indemnified Person, the Borrower shall defend such Indemnified Person using legal counsel satisfactory to such Indemnified Person in such Person's sole discretion, at the sole cost and expense of the Borrower. All amounts owing under this Section 10.2 9.11 shall be paid within thirty (30) days after written demand.
Appears in 1 contract
Samples: Credit Agreement (Us Can Corp)
Survival; Defense. The obligations in this Section 10.2 shall survive payment of all other Obligations. At the election of any Indemnified Person, the Borrower shall defend such Indemnified Person using legal counsel selected by the Borrower and reasonably satisfactory to such Indemnified Person in such Person's sole discretion, at the sole cost and expense of the Borrower. All amounts owing under this Section 10.2 shall be paid within thirty (30) 30 days after written demand.
Appears in 1 contract
Samples: Conduit Facility, Transfer and Revolving Credit Agreement (Adc Telecommunications Inc)
Survival; Defense. The obligations in this Section 10.2 9.3 shall survive payment of all other Obligations. At the election of any Indemnified Person, Borrower shall defend such Indemnified Person using legal counsel satisfactory to such Indemnified Person in such Personperson's sole discretion, and reasonably satisfactory to Borrower, at the sole cost and expense of Borrower. All amounts owing under this Section 10.2 9.3 shall be paid within thirty (30) days after written demand.
Appears in 1 contract
Survival; Defense. The indemnity obligations in this Section 10.2 10.3 shall survive payment of all other Obligations. At the election of any Indemnified Person, Borrower shall defend such Indemnified Person using legal counsel satisfactory to such Indemnified Person in such Indemnified Person's ’s sole discretion, at the sole cost and expense of Borrower. All indemnity amounts owing under this Section 10.2 10.3 shall be paid within thirty (30) days after written demand.
Appears in 1 contract
Survival; Defense. The obligations in this Section 10.2 10.3 shall survive payment of all other Obligations. At the election of any Indemnified Person, Borrower shall defend such Indemnified Person using legal counsel reasonably satisfactory to such Indemnified Person in such Person's ’s sole discretion, at the sole cost and expense of Borrower. All amounts owing under this Section 10.2 10.3 shall be paid within thirty (30) days after written demand.
Appears in 1 contract
Survival; Defense. The obligations in this Section 10.2 SECTION 11.3 shall survive payment of all other Obligations. At the election of any Indemnified Person, Borrower shall defend such Indemnified Person using legal counsel satisfactory to such Indemnified Person in such Person's sole discretion, at the sole cost and expense of Borrower. All amounts owing under this Section 10.2 SECTION 11.3 shall be paid within thirty (30) days after written demand.
Appears in 1 contract
Survival; Defense. The obligations in this Section 10.2 SECTION 10.3 shall survive payment of all other Obligations. At the election of any Indemnified Person, Borrower shall defend such Indemnified Person using legal counsel reasonably satisfactory to such Indemnified Person in such Person's sole discretion, at the sole cost and expense of Borrower. All amounts owing under this Section 10.2 SECTION 10.3 shall be paid within thirty (30) days after written demand.
Appears in 1 contract
Samples: Loan and Security Agreement (Alnylam Pharmaceuticals Inc)
Survival; Defense. The obligations in this Section 10.2 10.3 shall survive payment of all other Obligations. At the election of any Indemnified Person, Borrower shall defend such Indemnified Person using legal counsel satisfactory to such Indemnified Person in such Person's sole discretion, at the sole cost and expense of Borrower. All amounts owing under this Section 10.2 10.3 shall be paid within thirty (30) days after written demand.
Appears in 1 contract
Survival; Defense. The obligations in this Section 10.2 SECTION 10.3 shall survive payment of all other Obligations. At the election of any Indemnified Person, Borrower shall defend such Indemnified Person using 20 legal counsel satisfactory to such Indemnified Person in such Person's sole reasonable discretion, at the sole cost and expense of Borrower. All amounts owing under this Section 10.2 SECTION 10.3 shall be paid within thirty (30) days after written demand.
Appears in 1 contract
Samples: Loan and Security Agreement (Skystream Networks Inc)
Survival; Defense. The obligations in this Section 10.2 SECTION 9.6 shall survive payment of all other Obligations. At the election of any Indemnified Person, Borrower shall defend such Indemnified Person using legal counsel satisfactory to such Indemnified Person in such Person's sole reasonable discretion, at the sole cost and expense of Borrower. All amounts owing under this Section 10.2 SECTION 9.6 shall be paid within thirty (30) 30 days after written demand.
Appears in 1 contract
Survival; Defense. The obligations in this Section 10.2 shall survive payment of all other Obligations. At the election of any Indemnified Person, the Borrower shall defend such Indemnified Person using legal counsel satisfactory to such Indemnified Person in such Person's sole discretion, at the sole cost and expense of the Borrower. All amounts owing under this Section 10.2 shall be paid within thirty (30) 30 days after written demand.
Appears in 1 contract
