Common use of Additional Advances and Disbursements; Costs of Enforcement Clause in Contracts

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 10 contracts

Samples: www.sec.gov, Credit and Guaranty Agreement, Credit and Guaranty Agreement (TerraForm Power, Inc.)

AutoNDA by SimpleDocs

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 Section, or otherwise under this Mortgage or any of the other Credit Documents Note 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 DocumentsNote, or the enforcement, compromise or settlement of the Indebtedness Secured Obligations or any claim under this Mortgage and the other Credit DocumentsNote, 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: Asset Purchase Agreement (Armstrong Coal Company, Inc.), Asset Purchase Agreement (Armstrong Energy, Inc.), Asset Purchase Agreement (Armstrong Energy, 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 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: Pledge and Security Agreement (Fairmount Santrol Holdings Inc.), Intercreditor Agreement (Fairmount Santrol Holdings 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.), Pledge and Security Agreement (Tumi Holdings, 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. 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

Samples: Credit Agreement (1295728 Alberta ULC)

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

Samples: Collateral Trust Agreement (Unisys 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 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.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Fmsa Holdings Inc)

Additional Advances and Disbursements; Costs of Enforcement. If any Event of Default exists, Mortgagee Beneficiary 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 Beneficiary or any Lender under this Section, or otherwise under this Mortgage Deed of Trust 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 MortgageDeed of Trust. Mortgagor Subject to Section 10.2 of the Credit Agreement, 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 Documents, or the enforcement, compromise or settlement of the Indebtedness or any claim under this Mortgage Deed of Trust and the other Credit Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee Beneficiary or the Lenders in respect thereof, by litigation or otherwise.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Del Frisco's Restaurant Group, LLC)

AutoNDA by SimpleDocs

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: Security 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 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. 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: Assignment and Assumption (Gogo 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 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

Samples: Credit Agreement (Noranda Aluminum Holding CORP)

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: Pledge and Security Agreement (Easton-Bell Sports, 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 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: Credit Agreement (Noranda Aluminum Holding CORP)

Time is Money Join Law Insider Premium to draft better contracts faster.