Additional Advances and Disbursements; Costs of Enforcement. If any Event of Default exists, Mortgagee and each of the Lenders shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor in accordance with the Credit Agreement. All sums advanced and expenses incurred at any time by Mortgagee or any Lender under this Section, or otherwise under this Mortgage or any of the other Credit Documents or applicable law, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand therefor, to and including the date of reimbursement, computed at the rate or rates at which interest is then computed on the Indebtedness, and all such sums, together with interest thereon, shall be secured by this Mortgage. Mortgagor shall pay all expenses (including reasonable attorneys’ fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and the other Credit Documents, or the enforcement, compromise or settlement of the Indebtedness or any claim under this Mortgage and the other Credit Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or the Lenders in respect thereof, by litigation or otherwise.
Appears in 9 contracts
Samples: Open End Mortgage Deed, Security Agreement, Assignment of Rents and Leases and Fixture Filing, Credit and Guaranty Agreement (TerraForm Power, Inc.), Credit and Guaranty Agreement (Bright Horizons Family Solutions Inc.)
Additional Advances and Disbursements; Costs of Enforcement. If (a) Upon the occurrence and during the continuance of any Event of Default existsActionable Default, Mortgagee and each of the Lenders shall have the right, but not the obligation, to cure such Event of Actionable Default in the name and on behalf of Mortgagor in accordance with the Credit AgreementMortgagor. All sums advanced and expenses incurred at any time by Mortgagee or any Lender under this SectionSection 5.9, or otherwise under the Collateral Trust Agreement, this Mortgage or Mortgage, any of the other Credit Documents Security Documents, or applicable law, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand thereforincurred, to and including the date of reimbursement, computed at the highest rate or rates at which interest is then computed on any portion of the IndebtednessSecured Debt, and all such sums, together with interest thereon, shall be secured by this Mortgage. .
(b) Mortgagor shall pay all expenses (including reasonable attorneys’ fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and the other Credit DocumentsCollateral Trust Agreement, or the enforcement, compromise or settlement of the Indebtedness Secured Debt or any claim under this Mortgage and or the other Credit Documents, Collateral Trust Agreement and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or the Lenders in respect thereof, by litigation or otherwise.
Appears in 4 contracts
Samples: Revolving Credit Facility (CONSOL Energy Inc), Revolving Credit Facility (CONSOL Energy Inc), Credit Agreement (Consol Energy Inc)
Additional Advances and Disbursements; Costs of Enforcement. If any Event of Default exists, Mortgagee Grantee and each of the Lenders shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor Grantor in accordance with the Credit Agreement. All sums advanced and expenses incurred at any time by Mortgagee Grantee or any Lender under this Section, or otherwise under this Mortgage Security Deed or any of the other Credit Loan Documents or applicable law, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand therefor, to and including the date of reimbursement, computed at the rate or rates at which interest is then computed on the Indebtedness, and all such sums, together with interest thereon, shall be secured by this MortgageSecurity Deed. Mortgagor Grantor shall pay all expenses (including reasonable attorneys’ fees and expenses) of or incidental to the perfection and enforcement of this Mortgage Security Deed and the other Credit Loan Documents, or the enforcement, compromise or settlement of the Indebtedness or any claim under this Mortgage Security Deed and the other Credit Loan Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee Grantee or the Lenders in respect thereof, by litigation or otherwise.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Tumi Holdings, Inc.), Credit and Guaranty Agreement (Tumi Holdings, Inc.)
Additional Advances and Disbursements; Costs of Enforcement. (a) If any Event of Default exists, Mortgagee and each of the Lenders shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor in accordance with the Credit AgreementMortgagor. All sums advanced and expenses incurred at any time by Mortgagee or any Lender under this SectionSection 5.9, or otherwise under this Mortgage or any of the other Credit Loan Documents or applicable law, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand thereforincurred, to and including the date of reimbursement, computed at a rate which is 2% per annum in excess of the interest rate or rates at which interest is then computed on payable under the IndebtednessCredit Agreement, to the extent and in accordance with Section 2.2E of the Credit Agreement, and all such sums, together with interest thereon, shall be added to the Obligations and secured by this Mortgage. .
(b) Mortgagor shall pay all expenses (including reasonable attorneys’ fees and expenses) of or incidental to the perfection and enforcement of this Mortgage Mortgage, the other Loan Documents and the other Credit DocumentsLender Swap Agreements, or the enforcement, compromise or settlement of the Indebtedness Obligations or any claim under this Mortgage Mortgage, the other Loan Documents and the other Credit DocumentsLender Swap Agreements, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or the Lenders in respect thereof, by litigation or otherwise.
Appears in 2 contracts
Samples: Credit Agreement (Hexcel Corp /De/), Credit Agreement (Hexcel Corp /De/)
Additional Advances and Disbursements; Costs of Enforcement. If any Event of Default exists, Mortgagee and each of the Lenders shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor in accordance with the Credit Agreement. All sums advanced and expenses incurred at any time by Mortgagee or any Lender under this Section, or otherwise under this Mortgage or any of the other Credit Loan Documents or applicable law, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand therefor, to and including the date of reimbursement, computed at the rate or rates at which interest is then computed on the IndebtednessSecured Obligations, and all such sums, together with interest thereon, shall be secured by this Mortgage. Mortgagor shall pay all expenses (including reasonable attorneys’ fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and the other Credit Loan Documents, or the enforcement, compromise or settlement of the Indebtedness Secured Obligations or any claim under this Mortgage and the other Credit Loan Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or the Lenders in respect thereof, by litigation or otherwise.
Appears in 2 contracts
Samples: Revolving Credit and Guaranty Agreement (Fairmount Santrol Holdings Inc.), Term Loan Credit and Guaranty Agreement (Fairmount Santrol Holdings Inc.)
Additional Advances and Disbursements; Costs of Enforcement. If 1. Upon the occurrence and during the continuance of any Event of Default existsDefault, Mortgagee and each of the Lenders shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor in accordance with the Credit AgreementMortgagor. All sums advanced and expenses incurred at any time by Mortgagee or any Lender under this SectionSection 5.9, or otherwise under this Mortgage or Mortgage, any of the other Credit Documents Loan Documents, or applicable law, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand thereforincurred, to and including the date of reimbursement, computed at the highest rate or rates at which interest is then computed on any portion of the IndebtednessSecured Debt, and all such sums, together with interest thereon, shall be secured by this Mortgage.
2. To the extent the Borrower would be required to do so pursuant to the Credit Agreement, Mortgagor shall pay all expenses (including reasonable attorneys’ fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and the other Credit DocumentsMortgage, or the enforcement, compromise or settlement of the Indebtedness Secured Debt or any claim under this Mortgage and the other Credit Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or the Lenders in respect thereof, by litigation or otherwise.
Appears in 2 contracts
Samples: Revolving Credit Facility (CNX Midstream Partners LP), Revolving Credit Facility (CNX Resources Corp)
Additional Advances and Disbursements; Costs of Enforcement. (a) If any Event of Default exists, Mortgagee and each of the Lenders shall will have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor in accordance with the Credit AgreementMortgagor. All sums advanced and expenses incurred at any time by Mortgagee or any Lender under this SectionSECTION 5.9, or otherwise under this Mortgage or any of the other Credit Loan Documents or applicable law, shall will bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand thereforincurred, to and including the date of reimbursement, computed at the rate or rates at which default interest is then computed on the IndebtednessIndebtedness pursuant to the terms and provisions of the Note, and all such sums, together with such default interest thereon, shall will be secured by this Mortgage. .
(b) Mortgagor shall will pay all expenses (including including, without limitation, reasonable attorneys’ ' fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and the other Credit Loan Documents, or the enforcement, compromise or settlement of the Indebtedness or any claim under this Mortgage and the other Credit Loan Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or the Lenders in respect thereof, by litigation or otherwise.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Golf Trust of America Inc), Purchase and Sale Agreement (Golf Trust of America Inc)
Additional Advances and Disbursements; Costs of Enforcement. If any Event of Default exists, Mortgagee Beneficiary and each of the Lenders other Secured Parties shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor Grantor in accordance with the Credit Agreement. All sums advanced and expenses incurred for such purpose at any time by Mortgagee Beneficiary or any Lender other Secured Party under this Section, or otherwise under this Mortgage or any Deed of the other Credit Documents Trust or applicable law, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five thirty (530) days after demand therefor, to and including the date of reimbursement, computed at the rate or rates at which interest is then computed on the IndebtednessObligations, and all such sums, together with interest thereon, shall be secured by this MortgageDeed of Trust. Mortgagor Grantor shall pay all expenses (including reasonable attorneys’ fees and expenses) of or incidental to the perfection and enforcement of this Mortgage Deed of Trust and the other Credit Loan Documents, or the enforcement, compromise or settlement of the Indebtedness Obligations or any claim under this Mortgage Deed of Trust and the other Credit Loan Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee Beneficiary or the Lenders other Secured Parties in respect thereof, by litigation or otherwise, in each case, in accordance with Section 9.05 of the Credit Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Enviva Partners, LP), Credit Agreement (Enviva Partners, LP)
Additional Advances and Disbursements; Costs of Enforcement. If any Event of Default exists, Mortgagee and each of the Lenders shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor in accordance with the Credit Agreement. All sums advanced and expenses incurred at any time by Mortgagee or any Lender under this Section, or otherwise under this Mortgage or any of the other Credit Loan Documents or applicable law, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand therefor, to and including the date of reimbursement, computed at the rate or rates at which interest is then computed on the Indebtedness, and all such sums, together with interest thereon, shall be secured by this Mortgage. Mortgagor shall pay all expenses (including reasonable attorneys’ fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and the other Credit Loan Documents, or the enforcement, compromise or settlement of the Indebtedness or any claim under this Mortgage and the other Credit Loan Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or the Lenders in respect thereof, by litigation or otherwise.
Appears in 2 contracts
Samples: Credit Agreement (Ducommun Inc /De/), Credit and Guaranty Agreement (Prommis Solutions Holding Corp.)
Additional Advances and Disbursements; Costs of Enforcement. (a) If any Event of Default exists, Mortgagee and each of the Lenders shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor in accordance with the Credit AgreementMortgagor. All sums advanced and expenses incurred at any time by Mortgagee or any Lender the Lenders under this SectionSection 4.9, or otherwise under this Mortgage or any of the other Credit Loan Documents or applicable law, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand thereforincurred, to and including the date of reimbursement, computed at the rate or rates at which interest is then computed on Default Rate (as defined in the IndebtednessLoan Agreement), and all such sums, together with interest thereon, shall be secured by this Mortgage. .
(b) Mortgagor shall pay all expenses (including reasonable attorneys’ ' fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and the other Credit Loan Documents, or the enforcement, compromise or settlement of the Indebtedness or any claim under this Mortgage and the other Credit Loan Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or and the Lenders in respect thereof, by litigation or otherwise.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Metropolis Realty Trust Inc)
Additional Advances and Disbursements; Costs of Enforcement. (a) If any Event of Default exists, Mortgagee and each of the Lenders shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor in accordance with the Credit AgreementMortgagor. All sums advanced and expenses incurred at any time by Mortgagee or any Lender under this SectionSection 5.9, or otherwise under this Mortgage or any of the other Credit Loan Documents or applicable law, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand thereforincurred, to and including the date of reimbursement, computed at the rate or rates at which interest is then computed on the Indebtedness, and all such sums, together with interest thereon, shall be secured by this Mortgage. Mortgage as advances in protection of the Mortgaged Property.
(b) Subject to the amount of attorneys' fees for which Mortgagee may be entitled to receive reimbursement pursuant to Minnesota Statutes " 582.01, Mortgagor shall pay all expenses (including reasonable attorneys’ ' fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and the other Credit Loan Documents, or the enforcement, compromise or settlement of the Indebtedness or any claim under this Mortgage and the other Credit Loan Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or the Lenders in respect thereof, by litigation or otherwise.
Appears in 1 contract
Additional Advances and Disbursements; Costs of Enforcement. If any Event of Default exists, Mortgagee and each of the Lenders shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor in accordance with the Credit Agreement. All reasonable sums advanced and expenses incurred at any time by Mortgagee or any Lender under this Section, or otherwise under this Mortgage or any of the other Credit Documents or applicable lawMortgage, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand therefor, to and including the date of reimbursement, computed at the rate or rates at which interest is then computed on set forth in Section 2.10 of the IndebtednessCredit Agreement, and all such sums, together with interest thereon, shall be secured by this Mortgage. Mortgagor shall pay all expenses (including reasonable attorneys’ fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and the other Credit Loan Documents, . or the enforcement, compromise or settlement of the Indebtedness Obligations or any claim under this Mortgage and the other Credit Loan Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or the Lenders in respect thereof, by litigation or otherwise.
Appears in 1 contract
Additional Advances and Disbursements; Costs of Enforcement. (a) If any Event of Default exists, Mortgagee and each of the Lenders shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor in accordance with the Credit AgreementMortgagor. All sums advanced and expenses incurred at any time by Mortgagee or any Lender under this SectionSection 5.9, or otherwise under this Mortgage Mortgage, the Indenture, the Intercreditor Agreement or any of the other Credit Note Documents or applicable law, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand thereforincurred, to and including the date of reimbursement, computed at the rate or rates at which interest is then computed on the Indebtedness, and all such sums, together with interest thereon, shall be secured by this Mortgage. .
(b) Mortgagor shall pay all expenses (including reasonable attorneys’ ' fees and expensesexpenses and all reasonable costs and expenses related to legal work, research and litigation) of or incidental to the perfection and enforcement of this Mortgage Mortgage, the Indenture, the Intercreditor Agreement and the other Credit Note Documents, or the enforcement, compromise or settlement of the Indebtedness or any claim under this Mortgage Mortgage, the Indenture, the Intercreditor Agreement and the other Credit Note Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or the Lenders in respect thereof, by litigation or otherwise.
Appears in 1 contract
Samples: Mortgage, Assignment of Rents and Leases, and Security Agreement (Interdent Inc)
Additional Advances and Disbursements; Costs of Enforcement. If any Event of Default exists, Mortgagee and each of the Lenders shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor in accordance with the Credit Agreement. All sums advanced and expenses incurred at any time by Mortgagee or any Lender under this Section, or otherwise under this Mortgage or any of the other Credit Loan Documents or applicable law, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand therefor, to and including the date of reimbursement, computed at the highest rate or rates at which interest is then computed on the Indebtedness, and all such sums, together with interest thereon, shall be secured by this Mortgage. Mortgagor shall pay all expenses (including reasonable attorneys’ ' fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and the other Credit Loan Documents, or the enforcement, compromise or settlement of the Indebtedness or any claim under this Mortgage and the other Credit Loan Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or the Lenders in respect thereof, by litigation or otherwise.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Medical Device Manufacturing, Inc.)
Additional Advances and Disbursements; Costs of Enforcement. 1. If any Event of Default exists, Mortgagee and each of the Lenders shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor in accordance with the Credit AgreementMortgagor. All reasonable sums advanced and reasonable expenses incurred at any time by Mortgagee or any Lender under this SectionSection 5.9, or otherwise under this Mortgage or any of the other Credit Loan Documents or applicable law, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand thereforincurred, to and including the date of reimbursement, computed at the rate or rates at which interest is then computed on the Indebtedness, and all such sums, together with interest thereon, shall be secured by this Mortgage.
2. Mortgagor shall pay all reasonable expenses (including reasonable attorneys’ ' fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and the other Credit Loan Documents, or the enforcement, compromise or settlement of the Indebtedness or any claim under this Mortgage and the other Credit Loan Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or the Lenders in respect thereof, by litigation or otherwise.
Appears in 1 contract
Samples: Credit Agreement (DMW Worldwide Inc)
Additional Advances and Disbursements; Costs of Enforcement. (a) If any Event of Default exists, Mortgagee and each of the Lenders shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor in accordance with the Credit AgreementMortgagor. All sums advanced and expenses incurred at any time by Mortgagee or any Lender under this SectionSection 5.9, or otherwise under this Mortgage or Mortgage, any of the other Credit Documents Loan Documents, any Hedge Agreements or applicable law, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand thereforincurred, to and including the date of reimbursement, computed at the rate or rates at which interest is then computed on the Indebtedness, and all such sums, together with interest thereon, shall be secured by this Mortgage. .
(b) Mortgagor shall pay all expenses (including reasonable attorneys’ fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and Mortgage, the other Credit DocumentsLoan Documents and any Hedge Agreements, or the enforcement, compromise or settlement of the Indebtedness or any claim under this Mortgage and Mortgage, the other Credit DocumentsLoan Documents and any Hedge Agreements, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or the Lenders in respect thereof, by litigation or otherwise.
Appears in 1 contract
Samples: Credit Agreement (FTD Group, Inc.)
Additional Advances and Disbursements; Costs of Enforcement. If any Upon and during the continuance of an Event of Default existsDefault, Mortgagee and each of the Lenders Holders shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor in accordance with the Credit AgreementIndenture. All sums advanced and reasonable expenses incurred at any time by Mortgagee or any Lender Holder under this Section, or otherwise under this Mortgage or any of the other Credit Financing Documents or applicable law, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand therefor, to and including the date of reimbursement, computed at the rate or rates at which interest is then computed on the IndebtednessObligations, and all such sums, together with interest thereon, shall be secured by this Mortgage. Mortgagor shall pay all expenses (including reasonable attorneys’ fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and the other Credit Financing Documents, or the enforcement, compromise or settlement of the Indebtedness Obligations or any claim under this Mortgage and the other Credit Financing Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or the Lenders Holders in respect thereof, by litigation or otherwise.
Appears in 1 contract
Samples: Indenture (Easton-Bell Sports, Inc.)
Additional Advances and Disbursements; Costs of Enforcement. If (a) Upon the occurrence and during the continuance of any Event of Default existsDefault, Mortgagee and each of the Lenders shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor in accordance with the Credit AgreementMortgagor. All reasonable sums advanced and expenses incurred at any time by Mortgagee or any Lender under this SectionSection 5.9, or otherwise under this Mortgage or any of the other Credit Documents or applicable law, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand thereforincurred, to and including the date of reimbursement, computed at the highest rate or rates at which interest is then computed on any portion of the Indebtedness, Obligations and all such sums, together with such interest thereon, shall be secured by this Mortgage. Mortgage to the extent permitted by applicable law.
(b) To the extent contemplated by Section 9.05 of the Credit Agreement or any equivalent provision of any Other First Lien Agreement, Mortgagor shall pay all reasonable and documented out-of-pocket expenses (including reasonable attorneys’ fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and the other Credit Documents, or the enforcement, compromise or settlement of the Indebtedness Obligations or any claim under this Mortgage and the other Credit DocumentsMortgage, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or the Lenders in respect thereof, by litigation or otherwise.
Appears in 1 contract
Additional Advances and Disbursements; Costs of Enforcement. If any Event of Default exists, Mortgagee and each of the Lenders shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor in accordance with the Credit Agreement. All reasonable sums advanced and expenses incurred at any time by Mortgagee or any Lender under this Section, or otherwise under this Mortgage or any of the other Credit Documents or applicable lawMortgage, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand therefor, to and including the date of reimbursement, computed at the rate or rates at which interest is then computed on set forth in the Indebtedness, Credit Agreement and all such sums, together with interest thereon, shall be secured by this Mortgage. Mortgagor shall pay all expenses (including reasonable attorneys’ fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and the other Credit Loan Documents, or the enforcement, compromise or settlement of the Indebtedness or any claim under this Mortgage and the other Credit Loan Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or the Lenders in respect thereof, by litigation or otherwise.
Appears in 1 contract
Additional Advances and Disbursements; Costs of Enforcement. If any Event of Default exists, Mortgagee and each of the Lenders shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor in accordance with the Credit Agreement. All reasonable and documented sums advanced and reasonable and documented expenses incurred in connection with such cure at any time by Mortgagee or any Lender under this Section, or otherwise under pursuant to this Mortgage or any of the other Credit Loan Documents or applicable law, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after written demand therefor, to and including the date of reimbursement, computed at the rate or rates at which interest is then computed on the IndebtednessObligations, and all such sums, together with interest thereon, shall be secured by this Mortgage. Mortgagor shall pay all reasonable and documented expenses (including reasonable and documented attorneys’ fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and the other Credit Loan Documents, or the enforcement, compromise or settlement of the Indebtedness or any claim under this Mortgage and the other Credit DocumentsLoan Documents while an Event of Default exists, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or the Lenders in respect thereofthereof while an Event of Default exists, by litigation or otherwise.
Appears in 1 contract
Additional Advances and Disbursements; Costs of Enforcement. (a) If any Event of Default exists, Mortgagee and each of the Lenders shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor in accordance with the Credit AgreementMortgagor. All sums advanced and expenses incurred at any time by Mortgagee or any Lender Exh. XIV-12 under this SectionSection 5.9, or otherwise under this Mortgage or any of the other Credit Loan Documents or applicable law, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand thereforincurred, to and including the date of reimbursement, computed at a rate which is 2% per annum in excess of the interest rate or rates at which interest is then computed on payable under the IndebtednessCredit Agreement for Base Rate Loans, and all such sums, together with interest thereon, shall be secured by this Mortgage. .
(b) Mortgagor shall pay all expenses (including reasonable attorneys’ ' fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and the other Credit Loan Documents, or the enforcement, compromise or settlement of the Indebtedness or any claim under this Mortgage and the other Credit Loan Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or the Lenders in respect thereof, by litigation or otherwise.
Appears in 1 contract
Additional Advances and Disbursements; Costs of Enforcement. If any Event of Default exists, Mortgagee and each of the Lenders shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor in accordance with the Credit Agreement. All sums advanced and expenses incurred at any time by Mortgagee or any Lender under this Section, or otherwise under this Mortgage or any of the other Credit Documents or applicable law, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand therefor, to and including the date of reimbursement, computed at the rate or rates at which interest is then computed on the Indebtedness, and all such sums, together with interest thereon, shall be secured by this Mortgage. Mortgagor shall pay all expenses (including reasonable attorneys’ fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and the other Credit Loan Documents, or the enforcement, compromise or settlement of the Indebtedness or any claim under this Mortgage and the other Credit Loan Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or the Lenders in respect thereof, by litigation or otherwise.
Appears in 1 contract
Samples: Credit Agreement (Gogo Inc.)
Additional Advances and Disbursements; Costs of Enforcement. If (a) Upon the occurrence and during the continuance of any Event of Default existsDefault, Mortgagee and each of the Lenders shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor in accordance with the Credit AgreementMortgagor. All sums advanced and expenses incurred at any time by Mortgagee or any Lender under this SectionSection 5.9, or otherwise under this Mortgage or any of the other Credit Documents or applicable law, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand thereforincurred, to and including the date of reimbursement, computed at the highest lawful rate or rates at which interest is then computed on any portion of the Indebtedness, and all such sums, together with interest thereon, shall be secured by this Mortgage. .
(b) Mortgagor shall pay all expenses (including reasonable attorneys’ fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and the other Credit Documents, or the enforcement, compromise or settlement of the Indebtedness or any claim under this Mortgage and the other Credit Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or the Lenders in respect thereof, by litigation or otherwise.
Appears in 1 contract
Samples: Credit Agreement (Chiquita Brands International Inc)
Additional Advances and Disbursements; Costs of Enforcement. If any Event of Secured Debt Default exists, Mortgagee and each of the Lenders shall have the right, but not the obligation, to cure such Event of Secured Debt Default in the name and on behalf of Mortgagor in accordance with the Credit AgreementCollateral Trust Agreement and the Priority Lien Documents. All sums advanced and expenses incurred at any time by Mortgagee or any Lender under this Section, or otherwise under this Mortgage or any of the other Credit Priority Lien Documents or applicable law, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand therefor, to and including the date of reimbursement, computed at the rate or rates at which interest is then computed on the IndebtednessPriority Lien Obligations, and all such sums, together with interest thereon, shall be secured by this Mortgage. Mortgagor shall pay all expenses (including reasonable attorneys’ fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and the other Credit Priority Lien Documents, or the enforcement, compromise or settlement of the Indebtedness Priority Lien Obligations or any claim under this Mortgage and the other Credit Priority Lien Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or the Lenders in respect thereof, by litigation or otherwise.
Appears in 1 contract
Additional Advances and Disbursements; Costs of Enforcement. (a) If any Event of Default existsoccurs and is continuing, Mortgagee and each of the Lenders shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor in accordance with the Credit AgreementMortgagor. All sums advanced and expenses incurred at any time by Mortgagee or any Lender under this SectionSection 5.9, or otherwise under this Mortgage or Mortgage, any of the other Credit Documents Loan Documents, any Swap Agreements, or applicable law, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand thereforincurred, to and including the date of reimbursement, computed at the rate or rates at which interest is then computed on the Indebtedness, and all such sums, together with interest thereon, shall be secured by this Mortgage. .
(b) Mortgagor shall pay all expenses (including reasonable attorneys’ fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and Mortgage, the other Credit Loan Documents, and any Swap Agreements, or the enforcement, compromise or settlement of the Indebtedness or any claim under this Mortgage and Mortgage, the other Credit Loan Documents, any Swap Agreements and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or the Lenders in respect thereof, by litigation or otherwise.
Appears in 1 contract
Additional Advances and Disbursements; Costs of Enforcement. (a) If any Event of Default exists, Mortgagee and each of the Lenders shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor in accordance with the Credit AgreementMortgagor. All sums advanced and expenses incurred at any time by Mortgagee or any Lender under this SectionSection 5.9, or otherwise under this Mortgage or Mortgage, any of the other Credit Documents Loan Documents, any Swap Agreements or applicable law, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand thereforincurred, to and including the date of reimbursement, computed at the rate or rates at which interest is then computed on the Indebtedness, and all such sums, together with interest thereon, shall be secured by this Mortgage. .
(b) Mortgagor shall pay all expenses (including reasonable attorneys’ fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and Mortgage, the other Credit DocumentsLoan Documents and any Swap Agreements, or the enforcement, compromise or settlement of the Indebtedness or any claim under this Mortgage and Mortgage, the other Credit DocumentsLoan Documents and any Swap Agreements, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or the Lenders in respect thereof, by litigation or otherwise.
Appears in 1 contract
Samples: Credit Agreement (United Online Inc)
Additional Advances and Disbursements; Costs of Enforcement. (a) If any Event of Default exists, Mortgagee and each of the Lenders shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor in accordance with the Credit AgreementMortgagor. All sums advanced and expenses incurred at any time by Mortgagee or any Lender under this SectionSECTION 5.9, or otherwise under this Mortgage or any of the other Credit Loan Documents or applicable law, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand thereforincurred, to and including the date of reimbursement, computed at the rate or rates at which interest is then computed on the Indebtedness, and all such sums, together with interest thereon, shall be secured by this Mortgage. .
(b) Mortgagor shall pay all expenses (including reasonable attorneys’ ' fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and the other Credit Loan Documents, or the enforcement, compromise or settlement of the Indebtedness or any claim under this Mortgage and the other Credit Loan Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or the Lenders in respect thereof, by litigation or otherwise.
Appears in 1 contract
Samples: Debt Agreement (Loewen Group Inc)
Additional Advances and Disbursements; Costs of Enforcement. If any Event of Default exists, Mortgagee and each of the Lenders shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor in accordance with the Credit Agreement. All sums advanced and expenses incurred at any time by Mortgagee or any Lender under this Section, or otherwise under this Mortgage or any of the other Credit Loan Documents or applicable law, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand therefor, to and including the date of reimbursement, computed at the rate or rates at which interest is then computed on the IndebtednessObligations, and all such sums, together with interest thereon, shall be secured by this Mortgage. Mortgagor shall pay all expenses (including reasonable attorneys’ fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and the other Credit Loan Documents, or the enforcement, compromise or settlement of the Indebtedness Obligations or any claim under this Mortgage and the other Credit Loan Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or the Lenders in respect thereof, by litigation or otherwise.
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Additional Advances and Disbursements; Costs of Enforcement. If any Event of Default exists, Mortgagee and each of the Lenders shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor in accordance with the Credit Agreement. All reasonable sums advanced and expenses incurred at any time by Mortgagee or any Lender under this Section, or otherwise under this Mortgage or any of the other Credit Documents or applicable lawMortgage, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand therefor, to and including the date of reimbursement, computed at the rate or rates at which interest is then computed on set forth in Section 2.13 of the IndebtednessCredit Agreement, and all such sums, together with interest thereon, shall be secured by this Mortgage. Mortgagor shall pay all expenses (including reasonable attorneys’ fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and the other Credit Documents, Loan Documents or the enforcement, compromise or settlement of the Indebtedness Obligations or any claim under this Mortgage and the other Credit Loan Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or the Lenders in respect thereof, by litigation or otherwise.
Appears in 1 contract
Samples: Abl Credit Agreement (Noranda Aluminum Holding CORP)
Additional Advances and Disbursements; Costs of Enforcement. If any Event of Default exists, Mortgagee and each of the Lenders shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor in accordance with the Credit Agreement. All sums advanced and expenses incurred at any time by Mortgagee or any Lender under this Section, or otherwise under pursuant to this Mortgage or any of the other Credit Documents or applicable law, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand therefor, to and including the date of reimbursement, computed at the rate or rates at which interest is then computed on the IndebtednessObligations, and all such sums, together with interest thereon, shall be secured by this Mortgage. Mortgagor shall pay all reasonable and documented expenses (including reasonable and documented attorneys’ fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and the other Credit Documents, or the enforcement, compromise or settlement of the Indebtedness or any claim under this Mortgage and the other Credit DocumentsDocuments while an Event of Default exists, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or the Lenders in respect thereofthereof while an Event of Default exists, by litigation or otherwise.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Grifols Germany GmbH)
Additional Advances and Disbursements; Costs of Enforcement. If any Event of Default exists, Mortgagee and each of the Lenders shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor in accordance with the Credit Agreement. All reasonable and documented sums advanced and reasonable and documented expenses incurred in connection with such cure at any time by Mortgagee or any Lender under this Section, or otherwise under pursuant to this Mortgage or any of the other Credit Documents or applicable law, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand therefor, to and including the date of reimbursement, computed at the rate or rates at which interest is then computed on the IndebtednessObligations, and all such sums, together with interest thereon, shall be secured by this Mortgage. Mortgagor shall pay all reasonable and documented expenses (including reasonable and documented attorneys’ fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and the other Credit Documents, or the enforcement, compromise or settlement of the Indebtedness or any claim under this Mortgage and the other Credit DocumentsDocuments while an Event of Default exists, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or the Lenders in respect thereofthereof while an Event of Default exists, by litigation or otherwise.
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Additional Advances and Disbursements; Costs of Enforcement. If any Event of Default exists, Mortgagee and each of the Lenders shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor in accordance with the Credit AgreementMortgagor. All sums advanced and expenses incurred at any time by Mortgagee or any Lender under this SectionSection 5.9, or otherwise under this Mortgage or Mortgage, any of the other Credit Documents Loan Documents, any Hedge Agreements or applicable law, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand thereforincurred, to and including the date of reimbursement, computed at the rate or rates at which interest is then computed on the Indebtedness, and all such sums, together with interest thereon, shall be secured by this Mortgage. Mortgagor shall pay all expenses (including reasonable attorneys’ fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and Mortgage, the other Credit DocumentsLoan Documents and any Hedge Agreements, or the enforcement, compromise or settlement of the Indebtedness or any claim under this Mortgage and Mortgage, the other Credit DocumentsLoan Documents and any Hedge Agreements, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or the Lenders in respect thereof, by litigation or otherwise.
Appears in 1 contract
Samples: Credit Agreement (FTD Group, Inc.)
Additional Advances and Disbursements; Costs of Enforcement. (a) If any Event of Default exists, Mortgagee and each of the Lenders shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor in accordance with the Credit AgreementMortgagor. All sums advanced and expenses incurred at any time by Mortgagee or any Lender under this SectionSection 4.9, or otherwise under this Mortgage or Mortgage, any of the other Credit Documents Loan Documents, any Lender Swap Agreements or applicable law, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand thereforincurred, to and including the date of reimbursement, computed at the rate or rates at which interest is then computed on the Indebtedness, and all such sums, together with interest thereon, shall be secured by this Mortgage. .
(b) Mortgagor shall pay all expenses (including reasonable attorneys’ fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and Mortgage, the other Credit DocumentsLoan Documents and any Lender Swap Agreements, or the enforcement, compromise or settlement of the Indebtedness or any claim under this Mortgage and Mortgage, the other Credit Documents, Loan Documents and any Lender Swap Agreements and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or the Lenders in respect thereof, by litigation or otherwise.
Appears in 1 contract
Samples: Credit Agreement (United Online Inc)
Additional Advances and Disbursements; Costs of Enforcement. If any Event of Default exists, Mortgagee and each of the Lenders Secured Parties shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor in accordance with the Credit Agreement. All sums advanced and expenses incurred at any time by Mortgagee or any Lender Secured Party under this Section, or otherwise under this Mortgage or any of the other Credit Documents or applicable lawLoan Documents, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five fifteen (515) days after demand therefor, to and including the date of reimbursement, computed at the rate or rates at which interest is then computed on the IndebtednessSecured Obligations, and all such sums, together with interest thereon, shall be secured by this Mortgage. Mortgagor shall pay all expenses (including reasonable attorneys’ fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and the other Credit Loan Documents, or the enforcement, compromise or settlement of the Indebtedness Secured Obligations or any claim under this Mortgage and the other Credit Loan Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee Mortgage or the Lenders Secured Parties in respect thereof, by litigation or otherwise.
Appears in 1 contract
Samples: Credit Agreement (Ugi Corp /Pa/)
Additional Advances and Disbursements; Costs of Enforcement. If any Event of Default exists, Mortgagee and each of the Lenders shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor in accordance with the Credit Agreement. All sums advanced and expenses incurred at any time by Mortgagee or any Lender under this Section, or otherwise under this Mortgage or any of the other Credit Documents or applicable law, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand therefor, to and including the date of reimbursement, computed at the rate or rates at which interest is then computed on the Indebtedness, and all such sums, together with interest thereon, shall be secured by this Mortgage. Mortgagor shall pay all expenses (including reasonable attorneys’ ' fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and the other Credit Documents, or the enforcement, compromise or settlement of the Indebtedness or any claim under this Mortgage and the other Credit Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or the Lenders in respect thereof, by litigation or otherwise.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (AbitibiBowater Inc.)
Additional Advances and Disbursements; Costs of Enforcement. (a) If any Event of Default exists, Mortgagee and each of the Lenders shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor in accordance with the Credit AgreementMortgagor. All sums advanced and expenses incurred at any time by Mortgagee or any Lender under this SectionSection 5.9, or otherwise under this Mortgage or any of the other Credit Loan Documents or applicable law, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand thereforincurred, to and including the date of reimbursement, computed at the rate or rates at which interest is then computed on the IndebtednessObligations, and all such sums, together with interest thereon, shall be secured by this Mortgage. .
(b) Subject to any limits set forth in the Loan Agreement, Mortgagor shall pay all expenses (including reasonable attorneys’ fees and expensesexpenses and all costs and expenses related to legal work, research and litigation) of or incidental to the perfection and enforcement of this Mortgage and the other Credit Loan Documents, or the enforcement, compromise or settlement of the Indebtedness Obligations or any claim under this Mortgage and the other Credit Loan Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or the Lenders in respect thereof, by litigation or otherwise.
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Additional Advances and Disbursements; Costs of Enforcement. (a) If any Event of Default exists, Mortgagee and each of the Lenders Beneficiary shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor in accordance with the Credit AgreementGrantor. All sums advanced and expenses incurred at any time by Mortgagee or any Lender Beneficiary under this SectionSection 5.9, or otherwise under this Mortgage Deed of Trust, the Indenture, the Intercreditor Agreement or any of the other Credit Note Documents or applicable law, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand thereforincurred, to and including the date of reimbursement, computed at the rate or rates at which interest is then computed on the Indebtedness, and all such sums, together with interest thereon, shall be secured by this Mortgage. Mortgagor Deed of Trust.
(b) Grantor shall pay all expenses (including reasonable attorneys’ ' fees and expensesexpenses and all reasonable costs and expenses related to legal work, research and litigation) of or incidental to the perfection and enforcement of this Mortgage Deed of Trust, the Indenture, the Intercreditor Agreement and the other Credit Note Documents, or the enforcement, compromise or settlement of the Indebtedness or any claim under this Mortgage Deed of Trust, the Indenture, the Intercreditor Agreement and the other Credit Note Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or the Lenders Beneficiary in respect thereof, by litigation or otherwise.
Appears in 1 contract
Samples: Deed of Trust, Assignment of Rents and Leases and Security Agreement (Interdent Inc)