Common use of Without limitation of Section Clause in Contracts

Without limitation of Section. 13.9 of the Credit --------------- ------------ Agreement or any other indemnification provision in any Loan Document, each Subordinated Creditor 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 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 each Subordinated Creditor has incurred any Obligation (all the foregoing, collectively, the "indemnified liabilities"); provided, however, -------- ------- that each Subordinated Creditor shall have no obligation hereunder with respect to indemnified liabilities directly and 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 Secured Obligations, termination or expiration of this Agreement and occurrence of the Facility Termination Date.

Without limitation of Section. 13.9 of the Credit --------------- ------------ Agreement or any other indemnification provision in any Loan Document, each Subordinated Creditor 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 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 each Subordinated Creditor the Pledgor has incurred any Obligation (all the foregoing, collectively, the "indemnified liabilities"); provided, however, that the -------- ------- that each Subordinated Creditor Pledgor shall have no obligation hereunder with respect to indemnified liabilities directly and 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 Secured Obligations, termination or expiration of this Agreement and occurrence of the Facility Termination Date.

Without limitation of Section. 13.9 12.9 of the Credit --------------- ------------ Agreement or any other indemnification provision in any Loan Document, each Subordinated Creditor the Guarantor hereby covenants and agrees to pay, indemnify, and hold the Secured Parties harmless from and against any and all other reasonable 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 each Subordinated Creditor the Guarantor has incurred any Obligation Guarantors' Obligations (all the foregoing, collectively, the "indemnified liabilities"); provided, however, -------- ------- that each Subordinated Creditor the Guarantor shall have no obligation hereunder with respect to indemnified liabilities directly and or primarily arising from the willful misconduct or gross negligence of the Administrative Agent or any Lender. The agreements in this subsection shall survive repayment of all Secured Obligations, termination or expiration of this Guaranty Agreement and occurrence of the Facility Termination Date.

Without limitation of Section. 13.9 12.9 of the Credit --------------- ------------ Agreement or any other indemnification provision in any Loan Document, each Subordinated Creditor 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 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 each Subordinated Creditor the Pledgor has incurred any Obligation (all the foregoing, collectively, the "indemnified liabilities"); providedPROVIDED, howeverHOWEVER, -------- ------- that each Subordinated Creditor the Pledgor shall have no obligation hereunder with respect to indemnified liabilities directly and 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 Secured Obligations, termination or expiration of this Agreement and occurrence of the Facility Termination Date.

Without limitation of Section. 13.9 11.9 of the Credit --------------- ------------ Agreement or any other indemnification provision in any Loan Document, each Subordinated Creditor the Pledgor hereby covenants and agrees agrees, jointly and severally, 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 Agreement or the Loan Documents, or the transactions contemplated hereby or thereby, or in any respect relating to the Collateral or any 294 transaction pursuant to which each Subordinated Creditor the Pledgor has incurred any Obligation (all the foregoing, collectively, the "indemnified liabilities"); provided, however, -------- ------- that each Subordinated Creditor no Pledgor shall have no any obligation to a party seeking indemnification hereunder with respect to indemnified liabilities directly and or primarily arising from the willful misconduct or gross negligence of the Agent or any Lendersuch party. The agreements in this subsection Section 21 shall survive repayment of all Secured Obligations, termination or expiration of this Agreement and occurrence of the Facility Termination Date.

Without limitation of Section. 13.9 11.9 of the Credit --------------- ------------ Agreement or any other indemnification provision in any Loan Document, each Subordinated Creditor the Pledgor hereby covenants and agrees 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 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 each Subordinated Creditor the Pledgor has incurred any Obligation (all the foregoing, collectively, the "indemnified liabilities"); provided, however, -------- ------- that each Subordinated Creditor the Pledgor shall not have no any obligation to a party seeking indemnification hereunder with respect to indemnified liabilities directly and or primarily arising from the willful misconduct or gross negligence of the Agent or any Lendersuch party. The agreements in this subsection Section 21 311 shall survive repayment of all Secured Obligations, termination or expiration of this Agreement and occurrence of the Facility Termination Date.

Without limitation of Section. 13.9 11.9 of the Credit --------------- ------------ Agreement or any other indemnification provision in any Loan Document, each Subordinated Creditor the Guarantor hereby covenants and agrees to pay, indemnify, and hold the Secured Guaranteed 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 each Subordinated Creditor the Guarantor has incurred any Obligation Obligations (all the foregoing, collectively, the "indemnified liabilities"); provided, however, -------- ------- that each Subordinated Creditor the Guarantor shall have no obligation hereunder with respect to indemnified liabilities directly and or primarily arising from the willful misconduct or gross negligence of the Agent or any LenderGuaranteed Party. The agreements in this subsection shall survive repayment of all Secured Obligations, termination or expiration of this Guaranty Agreement and occurrence of the Facility Stated Termination Date.

Without limitation of Section. 13.9 12.9 of the Credit --------------- ------------ Agreement or any other indemnification provision in any Loan Document, each Subordinated Creditor the Pledgors hereby covenants covenant and agrees agree 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 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 each Subordinated Creditor either of the Pledgors has incurred any Obligation (all the foregoing, collectively, the "indemnified liabilities"); provided, however, -------- ------- that each Subordinated Creditor the Pledgors shall have no obligation hereunder with respect to indemnified liabilities directly and 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 Secured Obligations, termination or expiration of this Agreement and occurrence of the Facility Revolving Credit Termination Date.

Without limitation of Section. 13.9 12.9 of the Credit --------------- ------------ Agreement or any other indemnification provision in any Loan Document, each Subordinated Creditor the Assignor 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 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 each Subordinated Creditor the Assignor has incurred any Obligation (all the foregoing, collectively, the "indemnified liabilities"); provided, however, that the -------- ------- that each Subordinated Creditor Assignor shall have no obligation hereunder with respect to indemnified liabilities directly and 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 Secured Obligations, termination or expiration of this Agreement and occurrence of the Facility Termination Date.

Without limitation of Section. 13.9 of the Credit --------------- ------------ Agreement or any other indemnification provision in any Loan Document, each Subordinated Creditor 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 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 each Subordinated Creditor the Pledgor has incurred any Obligation (all the foregoing, collectively, the "indemnified liabilities"); providedPROVIDED, howeverHOWEVER, -------- ------- that each Subordinated Creditor the Pledgor shall have no obligation hereunder with respect to indemnified liabilities directly and 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 Secured Obligations, termination or expiration of this Agreement and occurrence of the Facility Termination Date.

Without limitation of Section. 13.9 of the Credit --------------- ------------ ------------- Agreement or any other indemnification provision in any Loan Document, each Subordinated Creditor 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 each Subordinated Creditor such Guarantor has incurred any Obligation Guarantor's Obligations (all the foregoing, collectively, the "indemnified liabilities"); provided, however, -------- ------- that each Subordinated Creditor such Guarantor shall have no obligation hereunder with -------- ------- respect to indemnified liabilities directly and 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 Secured Obligations, termination or expiration of this Guaranty Agreement and occurrence of the Facility Termination Date.

Without limitation of Section. 13.9 11.9 of the Credit --------------- ------------ Agreement or any other indemnification provision in any Loan Document, each Subordinated Creditor the 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 each Subordinated Creditor the Guarantor has incurred any Obligation Guarantor's Obligations (all the foregoing, collectively, the "indemnified liabilities"); provided, however, -------- ------- that each Subordinated Creditor the Guarantor shall have no obligation hereunder with respect to indemnified liabilities directly and 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 Secured Obligations, termination or expiration of this Guaranty Agreement and occurrence of the Facility Termination Date.

Without limitation of Section. 13.9 of the Credit --------------- ------------ Agreement or any other indemnification provision in any Loan Document, each Subordinated Creditor the Guarantor hereby covenants and agrees to pay, indemnify, and hold the Secured Parties harmless from and against any and all other reasonable 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 each Subordinated Creditor the Guarantor has incurred any Obligation Guarantors' Obligations (all the foregoing, collectively, the "indemnified liabilities"); provided, however, -------- ------- that each Subordinated Creditor the Guarantor shall have no obligation hereunder with respect to indemnified liabilities directly and or primarily arising from the willful misconduct or gross negligence of the Administrative Agent or any Lender. The agreements in this subsection shall survive repayment of all Secured Guarantors' Obligations, termination or expiration of this Guaranty Agreement and occurrence of the Facility Termination Date.