The indemnification clause in the loan syndication and trading association (LSTA) agreement at issue provides, among other things, that CIC shall indemnify Luxor for any costs or expenses arising out of a breach of CIC's representations and warranties under the agreement. The IAS court correctly denied Luxor's motion as premature, as it cannot be determined on this record whether CIC breached the LSTA agreement. CIC's duty to defend is not broader than its duty to indemnify...
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