Common use of Waivers; Indemnity Clause in Contracts

Waivers; Indemnity. Borrower waives notice of default, presentment and demand for payment, notice of dishonor, protest and notice of protest under this Agreement and any other Transaction Document. Borrower shall pay all costs of collection and enforcement of this Agreement when incurred, including reasonable attorneys’ fees, costs and expenses incurred before, after or in connection with of an Insolvency Event. Lenders shall not in any case be liable for any loss of, or damage to, the Collateral, the risk of which shall be borne by Borrower at all times. Borrower shall indemnify and hold Lenders (and any of its directors, officers, employees, agents, attorneys or any other Person affiliated with or representing a Lender) harmless from any claim, obligation or liability (including without limitation reasonable attorneys fees and expenses) arising out of this Agreement or any other Transaction Document or the transactions contemplated hereby or thereby, including any claim, obligation or liability arising before, after or in connection with an Insolvency Event, except that Borrower shall not be required to indemnify a Lender for any claims or liabilities caused by such Lender’s gross negligence or willful misconduct. The indemnity obligation hereunder shall survive repayment of all Obligations and termination of this Agreement until all applicable statute of limitation periods as to actions that may be brought against Lenders have run.

Waivers; Indemnity. Borrower waives notice of default, presentment presentment, and demand for payment, notice of dishonor, protest protest, and notice of protest under this Loan Agreement and any other Transaction Document. Borrower shall pay all costs of collection and enforcement of this Loan Agreement and each other Transaction Document when incurred, including reasonable documented attorneys’ fees, costs costs, and expenses incurred before, after after, or in connection with of an Insolvency Event. Lenders So long as Lender complies with reasonable lending practices and Section 9-207 of the Uniform Commercial Code and all other applicable laws, rules and regulations, Lender shall not in any case be liable for any loss of, or damage to, the Collateral, the risk of which shall be borne by Borrower at all times. Borrower shall indemnify and hold Lenders (and any of its directors, officers, employees, agents, attorneys or any other Person affiliated with or representing a Lender) Lender harmless from any claim, obligation or liability (including without limitation reasonable attorneys attorneys’ fees and expenses) arising out of this Loan Agreement or any other Transaction Document or the transactions contemplated hereby or thereby, including any claim, obligation or liability arising before, after or in connection with an Insolvency Event, except that Borrower shall not be required IN ALL CASES, WHETHER OR NOT CAUSED BY OR ARISING, IN WHOLE OR IN PART, OUT OF THE COMPARATIVE, CONTRIBUTORY, OR SOLE NEGLIGENCE OF LENDER other than losses to indemnify a Lender for any claims or liabilities caused by such the extent resulting from Lender’s bad faith, gross negligence or negligence, willful misconduct, or intentional breach of this Loan Agreement. The indemnity obligation hereunder shall survive repayment of all Obligations and termination of this Loan Agreement until all applicable statute of limitation periods as to actions that may be brought against Lenders Lender have run.

Waivers; Indemnity. Borrower waives notice of default, presentment and demand for payment, notice of dishonor, protest and notice of protest under this Agreement and any other Transaction Document. Borrower shall pay all costs of collection and enforcement of this Agreement when incurred, including reasonable attorneys’ ' fees, costs and expenses incurred before, after or in connection with of an Insolvency Event. Lenders Lender shall not in any case be liable for any loss of, or damage to, the Collateral, the risk of which shall be borne by Borrower at all times. Borrower shall indemnify and hold Lenders Lender (and any of its directors, officers, employees, agents, attorneys or any other Person affiliated with or representing a Lender) harmless from any claim, obligation or liability (including without limitation reasonable attorneys fees and expenses) arising out of this Agreement or any other Transaction Document or the transactions contemplated hereby or thereby, including any claim, obligation or liability arising before, after or in connection with an Insolvency Event, except that Borrower shall not be required to indemnify a Lender for any other than claims or liabilities caused by such Lender’s gross negligence or willful misconduct. The indemnity obligation hereunder shall survive repayment of all Obligations and termination of this Agreement until all applicable statute of limitation periods as to actions that may be brought against Lenders Lender have run.

Waivers; Indemnity. Borrower waives notice of default, presentment and demand for payment, notice of dishonor, protest and notice of protest under this Loan Agreement and any other Transaction Document. Borrower shall pay all costs of collection and enforcement of this Loan Agreement when incurred, including reasonable attorneys’ fees, costs and expenses incurred before, after or in connection with of an Insolvency Event. Lenders So long as Agent complies with reasonable lending practices and Section 9207 of the Uniform Commercial Code and all other applicable laws, rules and regulations, Agent shall not in any case be liable for any loss of, or damage to, the Collateral, the risk of which shall be borne by Borrower at all times. Borrower shall indemnify and hold Agent and the Lenders (and any of its directors, officers, employees, agents, attorneys or any other Person affiliated with or representing a Lender) harmless from any claim, obligation or liability (including without limitation reasonable attorneys fees and expenses) arising out of this Loan Agreement or any other Transaction Document or the transactions contemplated hereby or thereby, including any claim, obligation or liability arising before, after or in connection with an Insolvency Event, except that Borrower shall not be required to indemnify a Lender for any claims or liabilities caused by such LenderEvent other than losses solely and directly resulting from Agent’s gross negligence or willful misconductintentional breach of this Agreement. The indemnity obligation hereunder shall survive repayment of all Obligations and termination of this Loan Agreement until all applicable statute of limitation periods as to actions that may be brought against Lenders Agent have run.

Waivers; Indemnity. Each Borrower waives notice of default, presentment and demand for payment, notice of dishonor, protest and notice of protest under this Agreement and any other Transaction Document. Borrower Borrowers shall pay all costs of collection and enforcement of this Agreement when incurred, including reasonable attorneys’ ' fees, costs and expenses incurred before, after or in connection with of an Insolvency Event. Lenders Lender shall not in any case be liable for any loss of, or damage to, the Collateral, the risk of which shall be borne by Borrower at all times. Borrower Borrowers shall indemnify and hold Lenders Lender (and any of its directors, officers, employees, agents, attorneys or any other Person affiliated with or representing a Lender) harmless from any claim, obligation or liability (including without limitation reasonable attorneys attorney’s fees and expenses) arising out of this Agreement or any other Transaction Document or the transactions contemplated hereby or thereby, including any claim, obligation or liability arising before, after or in connection with an Insolvency Event, except that Borrower shall not be required to indemnify a Lender for any other than claims or liabilities solely and directly caused by such LenderLxxxxx’s gross negligence or willful misconduct. The indemnity obligation hereunder shall survive repayment of all Obligations and termination of this Agreement until all applicable statute of limitation periods as to actions that may be brought against Lenders Lender have run.

Waivers; Indemnity. Borrower waives notice of default, presentment and demand for payment, notice of dishonor, protest and notice of protest under this Agreement and any other Transaction Document. Borrower shall pay all costs of collection and enforcement of this Agreement when incurred, including reasonable attorneys’ ' fees, costs and 579284 v1/HN expenses incurred before, after or in connection with of an Insolvency Event. Lenders Lender shall not in any case be liable for any loss of, or damage to, the Collateral, the risk of which shall be borne by Borrower at all times. Borrower shall indemnify and hold Lenders (and any of its directors, officers, employees, agents, attorneys or any other Person affiliated with or representing a Lender) Lender harmless from any claim, obligation or liability (including without limitation reasonable attorneys fees and expenses) arising out of this Agreement or any other Transaction Document or the transactions contemplated hereby or thereby, including any claim, obligation or liability arising before, after or in connection with an Insolvency Event, except that Borrower shall not be required to indemnify a Lender for any claims or liabilities caused by such Lender’s gross negligence or willful misconduct. The indemnity obligation hereunder shall survive repayment of all Obligations and termination of this Agreement until all applicable statute of limitation periods as to actions that may be brought against Lenders Lender have run.

Waivers; Indemnity. Borrower waives notice of default, presentment presentment, and demand for payment, notice of dishonor, protest protest, and notice of protest under this Loan Agreement and any other Transaction Document. Borrower shall pay all costs of collection and enforcement of this Loan Agreement and each Transaction Document when incurred, including reasonable attorneys’ fees, costs costs, and expenses incurred before, after after, or in connection with of an Insolvency Event. Lenders So long as Lender complies with reasonable lending practices and Section 9-207 of the Uniform Commercial Code and all other applicable laws, rules and regulations, Lender shall not in any case be liable for any loss of, or damage to, the Collateral, the risk of which shall be borne by Borrower at all times. Borrower shall indemnify and hold Lenders (and any of its directors, officers, employees, agents, attorneys or any other Person affiliated with or representing a Lender) Lender harmless from any claim, obligation or liability (including without limitation reasonable attorneys attorneys’ fees and expenses) arising out of this Loan Agreement or any other Transaction Document or the transactions contemplated hereby or thereby, including any claim, obligation or liability arising before, after or in connection with an Insolvency Event, except that Borrower shall not be required to indemnify a Lender for any claims or liabilities caused by such Event other than losses solely and directly resulting from Lender’s gross negligence or willful misconductintentional breach of this Loan Agreement or any other Transaction Document. The indemnity obligation hereunder shall survive repayment of all Obligations and termination of this Loan Agreement until all applicable statute of limitation periods as to actions that may be brought against Lenders Lender have run.