Common use of Survival; Defense Clause in Contracts

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), Credit Agreement (PLM Equipment Growth Fund Vi), Warehousing Credit Agreement (PLM International Inc)

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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 (Vnus Medical Technologies Inc), Loan and Security Agreement (NeuroMetrix, Inc.), Loan and Security Agreement (Nextcard 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 (Aruba Networks, Inc.), Loan and Security Agreement (Maxygen Inc), Loan and Security Agreement (Riverbed Technology, 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 (Professional Lease Management Income Fund I LLC), Warehousing Credit Agreement (PLM Equipment Growth Fund V), Warehousing Credit Agreement (PLM Equipment Growth Fund Vi)

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 V), Warehousing Credit Agreement (PLM Equipment Growth & Income Fund Vii), Warehousing Credit Agreement (PLM Equipment Growth Fund Vi)

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 (Professional Lease Management Income Fund I LLC), Warehousing Credit Agreement (PLM Equipment Growth Fund V)

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 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 the 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 Borrowerthe Borrowers. All amounts owing under this Section 10.2 shall be paid within thirty (30) 30 days after written demand.

Appears in 1 contract

Samples: Credit Agreement (International Murex Technologies Corp)

Survival; Defense. The obligations in this Section 10.2 SECTIONS 12.2.2 and 12.2.3 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, at the sole cost and expense of Borrower. All amounts owing under this Section 10.2 SECTION 12.2 shall be paid within thirty (30) days after written demand.

Appears in 1 contract

Samples: Loan and Security Agreement (Ardent Software 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 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

Samples: Patent Mortgage and Security Agreement (Hemosense 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

Samples: Credit Agreement (Network Peripherals 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 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 10.9 shall survive payment of all other Obligations. At the election of any Indemnified Person, Borrower the Company 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 Borrowerthe Company, and the Banks and the Agent shall cooperate with the reasonable requests of such counsel. All amounts owing under this Section 10.2 10.9 shall be paid within thirty (30) 30 days after written demand.

Appears in 1 contract

Samples: Credit Agreement (Oneok Inc /New/)

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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

Samples: Credit Agreement (Adc Telecommunications Inc)

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

Samples: Loan and Security Agreement (Knightscope, 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 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 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

Samples: Loan and Security Agreement (Webvan Group 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 (Portal Software 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

Samples: Senior Loan Agreement (Maguire Properties 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 Sections 13.2.2 and 13.2.3 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, at the sole cost and expense of Borrower. All amounts owing under this Section 10.2 13.2 shall be paid within thirty (30) days after written demand.

Appears in 1 contract

Samples: Loan Agreement (Cymer Inc)

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: Administration Agreement (Adc Telecommunications Inc)

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