Common use of Survival of and Limitations Upon Indemnities Clause in Contracts

Survival of and Limitations Upon Indemnities. Notwithstanding anything to the contrary in this Agreement or any of the other Loan Documents, the obligation of each Borrower and each Lender with respect to each indemnity given by it in this Agreement shall survive the Full Payment of the Obligations, the termination of any of the Commitments and the resignation of Administrative Agent. Notwithstanding anything to the contrary contained in this Agreement, no Borrower shall have any obligation under this Agreement to indemnify an Indemnitee with respect to any Claim to the extent that it is determined in a final, non-appealable judgment by a court of competent jurisdiction that such Claim resulted from the gross negligence or willful misconduct of such Indemnitee.

Survival of and Limitations Upon Indemnities. Notwithstanding anything to the contrary in this Agreement or any of the other Loan Documents, the obligation of each Borrower Obligor and each Lender with respect to each indemnity given by it in this Agreement shall survive the Full Payment of the Obligations, the termination of any of the Commitments and the resignation of Administrative Agent. Notwithstanding anything to the contrary contained in this Agreement, no Borrower party shall have any obligation under this Agreement to indemnify an Indemnitee with respect to any Claim to the extent that it is determined in a final, non-appealable judgment by a court of competent jurisdiction that such Claim resulted from the gross negligence or willful misconduct of such Indemnitee.

Survival of and Limitations Upon Indemnities. Notwithstanding anything to the contrary in this Agreement or any of the other Loan Documents, the obligation of each Borrower and each Lender with respect to each indemnity given by it in this Agreement any shall survive the Full Payment of the Obligations, the termination of any of the Commitments and the resignation of Administrative Agent. Notwithstanding anything to the contrary contained in this Agreement, no Borrower party shall have any obligation under this Agreement to indemnify an Indemnitee with respect to any Claim to the extent that it is determined in a final, non-appealable judgment by a court of competent jurisdiction that such Claim resulted from the gross negligence or willful misconduct of such IndemniteeIndemnitee or which constitute indirect, special, consequential or punitive damages.

Survival of and Limitations Upon Indemnities. Notwithstanding anything to the contrary in this Agreement or any of the other Loan DIP Financing Documents, the obligation of each Borrower and each Lender with respect to each indemnity given by it in this Agreement shall survive the Full Payment of the Obligations, Obligations and the termination of any of the Commitments and the resignation of Administrative AgentCommitment. Notwithstanding anything to the contrary contained in this Agreement, no Borrower shall have any obligation under this Agreement to indemnify an a Lender Indemnitee with respect to any Claim to the extent that it is determined in a final, non-appealable judgment by a court of competent jurisdiction that such Claim resulted from the gross negligence or willful misconduct of such Lender Indemnitee.