Common use of Without limitation of Section Clause in Contracts

Without limitation of Section. 13.9 of the Credit Agreement but subject to the limitations of liability set forth therein or any other indemnification provision in any Loan Document, each Guarantor hereby covenants and agrees to pay, indemnify, and hold the Secured Parties harmless from and against any and all other out-of-pocket liabilities, costs, expenses or disbursements of any kind or nature whatsoever arising in connection with any claim or litigation by any Person resulting from the execution, delivery, enforcement, performance and administration of this Guaranty Agreement or the Loan Documents, or the transactions contemplated hereby or thereby, or in any respect relating to the Collateral or any transaction pursuant to which such Guarantor has incurred any of the Guarantors' Obligations (all the foregoing, collectively, the "indemnified liabilities"); PROVIDED, HOWEVER, that such Guarantor shall have no obligation hereunder with respect to indemnified liabilities directly or primarily arising from the willful misconduct or gross negligence of the Agent or any Lender. The agreements in this subsection shall survive repayment of all Guarantors' Obligations, termination or expiration of this Guaranty Agreement and occurrence of the Facility Termination Date. So long as no Event of Default shall have occurred hereunder, no claim for which indemnity is claimed shall be compromised or settled by an Indemnified Party without the prior written consent of the Guarantor from whom indemnity is claimed.

Appears in 1 contract

Samples: Guaranty Agreement (Coca Cola Bottling Group Southwest Inc)

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Without limitation of Section. 13.9 12.9 of the Credit Agreement but subject to the limitations limitation of liability as set forth therein or any other indemnification provision in any Loan Document, each Guarantor the Pledgor hereby covenants and agrees to pay, indemnify, and hold the Secured Parties harmless from and against any and all other out-of-pocket liabilities, costs, expenses or disbursements of any kind or nature whatsoever arising in connection with any claim or litigation by any Person resulting from the execution, delivery, enforcement, performance and administration of this Guaranty Agreement or the Loan Documents, or the transactions contemplated hereby or thereby, or in any respect relating to the Collateral or any transaction pursuant to which such Guarantor the Pledgor has incurred any of the Guarantors' Obligations Obligation (all the foregoing, collectively, the "indemnified liabilities"); PROVIDED, HOWEVER, that such Guarantor the Pledgor shall have no obligation hereunder with respect to indemnified liabilities directly or primarily arising from the willful misconduct or gross negligence of the Agent or any Lender. The agreements in this subsection Section 21 shall survive repayment of all Guarantors' Secured Obligations, termination or expiration of this Guaranty Agreement and occurrence of the Facility Termination Date. So long as no Event of Default shall have occurred hereunder, no claim for which indemnity is claimed shall be compromised or settled by an Indemnified Party without the prior written consent of the Guarantor Pledgor from whom indemnity is claimed.

Appears in 1 contract

Samples: Stock Pledge Agreement (Coca Cola Bottling Group Southwest Inc)

Without limitation of Section. 13.9 of the Credit Agreement but subject to the limitations limitation of liability set forth therein or any other indemnification provision in any Loan Document, each Guarantor the Pledgor hereby covenants and agrees to pay, indemnify, and hold the Secured Parties harmless from and against any and all other out-of-pocket liabilities, costs, expenses or disbursements of any kind or nature whatsoever arising in connection with any claim or litigation by any Person resulting from the execution, delivery, enforcement, performance and administration of this Guaranty Agreement or the Loan Documents, or the transactions contemplated hereby or thereby, or in any respect relating to the Collateral or any transaction pursuant to which such Guarantor the Pledgor has incurred any of the Guarantors' Obligations Obligation (all the foregoing, collectively, the "indemnified liabilities"); PROVIDED, HOWEVER, that such Guarantor the Pledgor shall have no obligation hereunder with respect to indemnified liabilities directly or primarily arising from the willful misconduct or gross negligence of the Agent or any Lender. The agreements in this subsection Section 21 shall survive repayment of all Guarantors' Secured Obligations, termination or expiration of this Guaranty Agreement and occurrence of the Facility Termination Date. So long as no Event of Default shall have occurred hereunder, no claim for which indemnity is claimed shall be compromised or settled by an Indemnified Party without the prior written consent of the Guarantor Pledgor from whom indemnity is claimed.

Appears in 1 contract

Samples: Stock Pledge Agreement (Coca Cola Bottling Group Southwest Inc)

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Without limitation of Section. 13.9 12.9 of the Credit Agreement but subject to the limitations of liability set forth therein or any other indemnification provision in any Loan Document, each Guarantor hereby covenants and agrees to pay, indemnify, and hold the Secured Parties harmless from and against any and all other out-of-pocket liabilities, costs, expenses or disbursements of any kind or nature whatsoever arising in connection with any claim or litigation by any Person resulting from the execution, delivery, enforcement, performance and administration of this Guaranty Agreement or the Loan Documents, or the transactions contemplated hereby or thereby, or in any respect relating to the Collateral or any transaction pursuant to which such Guarantor has incurred any of the Guarantors' Obligations (all the foregoing, collectively, the "indemnified liabilities"); PROVIDED, HOWEVER, that such Guarantor shall have no obligation hereunder with respect to indemnified liabilities directly or primarily arising from the willful misconduct or gross negligence of the Agent or any Lender. The agreements in this subsection shall survive repayment of all Guarantors' Obligations, termination or expiration of this Guaranty Agreement and occurrence of the Facility Termination Date. So long as no Event of Default shall have occurred hereunder, no claim for which indemnity is claimed shall be compromised or settled by an Indemnified Party without the prior written consent of the Guarantor from whom indemnity is claimed.

Appears in 1 contract

Samples: Guaranty Agreement (Texas Bottling Group Inc)

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