Actions. Borrower agrees that Lender, in exercising the rights, duties or liabilities of Lender or Borrower under the Loan Documents, may commence, appear in or defend any action or proceeding purporting to affect the Property or the Loan Documents and Borrower shall immediately reimburse Lender upon demand for all such expenses so incurred or paid by Lender, including, without limitation, attorneys’ fees and expenses and court costs.
Appears in 7 contracts
Samples: Loan Agreement (AAC Holdings, Inc.), Loan Agreement (AAC Holdings, Inc.), Loan Agreement (AAC Holdings, Inc.)
Actions. Borrower agrees that Lender, in exercising the rights, duties or liabilities of Lender or Borrower under the Loan Documents, may commence, appear in or defend any action or proceeding purporting to affect the Property Property, the Improvements, or the Loan Documents and Borrower shall immediately reimburse Lender upon demand for all such expenses so incurred or paid by Lender, including, without limitation, attorneys’ ' fees and expenses and court costs.
Appears in 4 contracts
Samples: Construction Loan Agreement (Equity Office Properties Trust), Construction Loan Agreement (Equity Office Properties Trust), Construction Loan Agreement (Equity Office Properties Trust)
Actions. Borrower agrees that Lender, in exercising the rights, duties or liabilities of Lender or Borrower under the Loan Documents, may commence, appear in or defend any action or proceeding purporting to affect the Property Property, or the Loan Documents and Borrower shall immediately reimburse Lender upon demand for all such expenses so incurred or paid by Lender, including, without limitation, attorneys’ fees and expenses and court costs.
Appears in 3 contracts
Samples: Loan Agreement (Phillips Edison - ARC Shopping Center REIT Inc.), Loan Agreement (Phillips Edison - ARC Shopping Center REIT Inc.), Loan Agreement (Phillips Edison - ARC Shopping Center REIT Inc.)
Actions. Borrower agrees that Lender, in exercising the rights, duties or liabilities of Lender or Borrower under the Loan Documents, may commence, appear in or defend any action or proceeding purporting to affect the Property Property, the Improvements, or the Loan Documents and Borrower shall immediately reimburse Lender upon demand for all such expenses so incurred or paid by Lender, including, without limitation, attorneys’ fees and expenses and court costs.
Appears in 3 contracts
Samples: Building Loan Agreement, Building Loan Agreement (Global Growth Trust, Inc.), Construction Loan Agreement (Equity Office Properties Trust)
Actions. Borrower agrees that Lender, in exercising the rights, duties or liabilities of Lender or Borrower under the Loan Documents, may commence, appear in or defend any action or proceeding purporting to affect the Property Property, the Improvements, or the Loan Documents and Borrower shall immediately reimburse Lender upon demand for all such reasonable expenses so incurred or paid by Lender, including, without limitation, attorneys’ fees and expenses and court costs.
Appears in 2 contracts
Samples: Loan Agreement, Building Loan Agreement (Thomas Properties Group Inc)
Actions. Borrower agrees that Lender, in exercising the rights, duties or liabilities of Lender or Borrower under the Loan Documents, may commence, appear in or defend any action or proceeding purporting to affect the Property any Assets, or the Loan Documents and Borrower shall immediately promptly reimburse Lender upon written demand for all such out-of-pocket expenses so incurred or paid by Lender, including, without limitation, reasonable attorneys’ fees and expenses and court costs.
Appears in 2 contracts
Samples: Loan Agreement (IMH Financial Corp), Loan Agreement (IMH Financial Corp)
Actions. Borrower agrees that Lender, in exercising the rights, duties or liabilities of Lender or Borrower under the Loan Documents, may commence, appear in or defend any action or proceeding purporting to affect the Property or the Loan Documents and Borrower shall immediately reimburse Lender upon demand for all such expenses so incurred or paid by Lender, including, without limitation, reasonable attorneys’ fees and expenses and court costs.
Appears in 2 contracts
Samples: Credit Agreement (Consonus Technologies, Inc.), Credit Agreement (Consonus Technologies, Inc.)
Actions. Borrower agrees that Lender, in exercising the rights, duties or liabilities of Lender or Borrower under the Loan Documents, may commence, appear in or defend any action or proceeding purporting to affect the Property Property, the Improvements or the Loan Documents and Borrower shall immediately reimburse Lender upon demand for all such expenses so incurred or paid by Lender, including, without limitation, attorneys’ fees and expenses and court costs.
Appears in 2 contracts
Samples: Building Loan Agreement (AAC Holdings, Inc.), Building Loan Agreement (AAC Holdings, Inc.)
Actions. Each Borrower agrees that Lender, in exercising the rights, duties duties, or liabilities of Lender or any Borrower under the Loan Documents, may commence, appear in or defend any action or proceeding purporting to affect the Property Property, or the Loan Documents and Borrower Borrowers shall immediately reimburse Lender upon demand for all such out-of-pocket expenses so incurred or paid by Lender, including, without limitation, attorneys’ ' fees and expenses and court costs.
Appears in 1 contract
Actions. Borrower agrees that Lender, in exercising the rights, duties or liabilities of Lender or Borrower under the Loan Documents, may commence, appear in or defend any action or proceeding purporting to affect the Property Property, the Improvements, or the Loan Documents and Borrower shall immediately reimburse Lender upon demand for all such expenses so incurred or paid by Lender, including, without limitation, reasonable attorneys’ fees and expenses and court costs.
Appears in 1 contract
Actions. Borrower agrees that Lender, in exercising the rights, duties or liabilities of Lender or Borrower under the Loan Documents, may commence, appear in or defend any action or proceeding purporting to affect the Property Property, or the Loan Documents and Borrower shall immediately reimburse Lender upon demand for all such reasonable expenses so incurred or paid by Lender, including, without limitation, reasonable attorneys’ fees and expenses and court costs.
Appears in 1 contract
Samples: Loan Agreement (Douglas Emmett Inc)
Actions. Borrower agrees that Lender, in exercising the rights, duties or liabilities of Lender or Borrower under the Loan Documents, may commence, appear in or defend any action or proceeding purporting to affect the Property or the Loan Documents Documents, and Borrower shall immediately reimburse Lender upon demand for all such expenses so incurred or paid by Lender, including, without limitation, attorneys’ fees and expenses and court costs.
Appears in 1 contract
Actions. Borrower agrees that Lender, in exercising the rights, duties or liabilities of Lender or Borrower under this Agreement or the Loan DocumentsNote, may commence, appear in or defend any action or proceeding purporting to affect the Property Loan, this Agreement or the Loan Documents Note and Borrower shall immediately reimburse Lender upon demand for all such expenses so incurred or paid by Lender, including, without limitation, attorneys’ fees and expenses and court costs.
Appears in 1 contract
Actions. Borrower agrees that Lender, in exercising the rights, duties or liabilities of Lender or Borrower under the Loan Documents, may commence, appear in or defend any action or proceeding purporting to affect the Property Property, the improvements, or the Loan Documents and Borrower shall immediately reimburse Lender upon demand for all such expenses so incurred or paid by Lender, including, without limitation, attorneys’ fees and expenses and court costs.
Appears in 1 contract
Samples: Loan Agreement (William Lyon Homes)
Actions. Borrower agrees that Lender, in exercising the rights, duties or liabilities of Lender or Borrower under the Loan Documents, may commence, appear in or defend any action or proceeding purporting to affect the Property Property, the Improvements, or the Loan Documents and Borrower shall immediately promptly reimburse Lender upon written demand for all such out-of-pocket expenses so incurred or paid by Lender, including, without limitation, reasonable attorneys’ fees and expenses and court costs.
Appears in 1 contract
Samples: Loan Agreement (IMH Financial Corp)
Actions. Borrower agrees that Lender, in exercising the rights, duties or liabilities of Lender or Borrower under the Loan Documents, may commence, appear in or defend any action or proceeding purporting to affect the Property Property, or the Loan Documents and Borrower shall immediately reimburse Lender upon demand for all such reasonable out-of-pocket expenses so incurred or paid by Lender, including, without limitation, reasonable out-of-pocket attorneys’ ' fees and expenses and court costs.
Appears in 1 contract
Samples: Loan Agreement (Communications & Power Industries Inc)
Actions. Upon and during the continuance of a Default, Borrower agrees ------- that Lender, in exercising the rights, duties or liabilities of Lender or Borrower under the Loan Documents, may commence, appear in or defend any action or proceeding purporting to affect the Property Property, the Improvements, or the Loan Documents and Borrower shall immediately reimburse Lender upon demand for all such expenses so incurred or paid by Lender, including, without limitation, reasonable attorneys’ ' fees and expenses and court costs.. 12.7
Appears in 1 contract
Actions. Borrower agrees that Lender, in exercising the rights, duties or ------- liabilities of Lender or Borrower under the Loan Documents, may commence, appear in or defend any action or proceeding purporting to affect the Property Property, the Improvements. or the Loan Documents and Borrower shall immediately reimburse Lender upon demand for all such expenses so incurred or paid by Lender, including, without limitation, attorneys’ ' fees and expenses and court costs.
Appears in 1 contract
Actions. Borrower agrees that Lender, in exercising the rights, duties or liabilities of Lender or Borrower under the Loan Documents, may commence, appear in or defend any action or proceeding purporting to affect the Property Collateral or the Loan Documents and Borrower shall immediately reimburse Lender upon demand for all such expenses so incurred or paid by Lender, including, without limitation, attorneys’ attorney’s fees and expenses and court costs.
Appears in 1 contract
Samples: Loan Agreement (LGI Homes, Inc.)
Actions. Borrower agrees that Lender, in exercising the rights, duties or liabilities of Lender or Borrower under the Loan Documents, may commence, appear in or defend any action or proceeding purporting to affect the Property or the Loan Documents and Borrower shall immediately reimburse Lender upon demand for all such expenses so incurred or paid by Lender, including, without limitation, reasonable attorneys’ fees and expenses and court costs.
Appears in 1 contract
Samples: Loan Agreement (Sb Partners)
Actions. Each Borrower agrees that Lender, in exercising the rights, duties or liabilities of Lender or such Borrower under the Loan Documents, may commence, appear in or defend any action or proceeding purporting to affect the any Property or the Loan Documents and Borrower shall immediately reimburse Lender upon demand for all such expenses so incurred or paid by Lender, including, without limitation, reasonable attorneys’ fees and expenses and court costs.
Appears in 1 contract
Samples: Construction Loan Agreement (DC Industrial Liquidating Trust)
Actions. Borrower agrees that Lender, in exercising the rights, duties or liabilities of Lender or Borrower under the Loan Documents, may commence, appear in or defend any action or proceeding purporting to affect the Property Property, the Improvements or the Loan Documents and Borrower shall immediately reimburse Lender upon demand for all such expenses so incurred or paid by Lender, including, without limitation, reasonable attorneys’ fees and ' fees, expenses and court costs.
Appears in 1 contract
Actions. Borrower agrees that Lender, in exercising the rights, duties or liabilities of Lender or Borrower under the Loan Documents, may commence, appear in or defend any action or proceeding purporting to affect the Property and the Improvements or the Loan Documents and Borrower shall immediately reimburse Lender upon demand for all such expenses so incurred or paid by Lender, including, without limitation, attorneys’ fees and expenses and court costs.
Appears in 1 contract
Samples: Term Loan Agreement (Invesco Real Estate Income Trust Inc.)
Actions. Borrower agrees that Lender, in exercising the rights, duties or liabilities of Lender or Borrower under the Loan Documents, may commence, appear in or defend any action or proceeding purporting to affect the Property Property, the any improvements, or the Loan Documents and Borrower shall immediately reimburse Lender upon demand for all such expenses so incurred or paid by Lender, including, without limitation, attorneys’ attorneys fees and expenses and court costs.
Appears in 1 contract
Samples: Loan Agreement (Gavella Corp)
Actions. Borrower agrees that Lender, in exercising the rights, duties or liabilities of Lender or Borrower under the Loan Documents or Other Related Documents, may commence, appear in or defend any action or proceeding purporting to affect the Property Property, the Loan Documents or the Loan Other Related Documents and Borrower shall immediately reimburse Lender upon demand for all such expenses so incurred or paid by Lender, Lender including, without limitation, attorneys’ fees and expenses and court costs.
Appears in 1 contract
Samples: Loan Agreement (KBS Strategic Opportunity REIT, Inc.)