Common use of Joint and Several Indemnity Clause in Contracts

Joint and Several Indemnity. Each Guarantor hereby agrees, jointly and severally with each other Guarantor, to pay and assume all risk of, and to defend, indemnify and hold harmless each Beneficiary and all of its Related Parties from and against, any and all claims, damages, liabilities, losses, costs and expenses (including all fees and disbursements of legal counsel, whether or not suit is brought) arising from, based on or relating in any manner to (a) any inaccuracy in or breach of any of the representations and warranties set forth in the Credit Agreement or any other Loan Document or any failure by any Loan Party to perform or observe, or any breach of, any of the covenants and agreements set forth in the Credit Agreement or any other Loan Document, in each case whether or not such inaccuracy, failure or breach was caused by the Borrower or a Guarantor or any other Person or resulted from an Act of God or otherwise and whether or not such inaccuracy, failure or breach is otherwise within the control of the Borrower or such Guarantor or any other Person, or (b) any and all Post-Petition Interest and Expense Claims, whether or not allowed or enforceable in any bankruptcy case or insolvency, reorganization, receivership, dissolution or liquidation proceeding and even if disallowed or not enforceable therein.

Joint and Several Indemnity. Each Guarantor hereby agrees, jointly and severally with each other Guarantor, to pay and assume all risk of, and to defend, indemnify and hold harmless each Beneficiary and all of its Related Parties from and against, any and all claims, damages, liabilities, losses, costs and expenses (including all fees and disbursements of legal counsel, whether or not suit is brought) arising from, based on or relating in any manner to (a) any inaccuracy in or breach of any of the representations and warranties set forth in the Credit this Agreement or any other Loan Note Document or any failure by any Loan Party to perform or observe, or any breach of, any of the covenants and agreements set forth in the Credit this Agreement or any other Loan Note Document, in each case whether or not such inaccuracy, failure or breach was caused by the Borrower or a Guarantor or any other Person or resulted from an Act of God or otherwise and whether or not such inaccuracy, failure or breach is otherwise within the control of the Borrower or such Guarantor or any other Person, or (b) any and all Post-Petition Interest and Expense Claims, whether or not allowed or enforceable in any bankruptcy case or insolvency, reorganization, receivership, dissolution or liquidation proceeding and even if disallowed or not enforceable therein.