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 shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor. All sums advanced and expenses incurred at any time by Mortgagee under this Section, or otherwise under this Mortgage or the 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 Secured 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 Note, or the enforcement, compromise or settlement of the Secured Obligations or any claim under this Mortgage and the Note, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee thereof, by litigation or otherwise.

Additional Advances and Disbursements; Costs of Enforcement. (a) If any Event of Default exists, Mortgagee shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor. All sums advanced and expenses incurred at any time by Mortgagee under this SectionSection 4.9, or otherwise under this Mortgage or any of the Note other 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 Secured ObligationsLoan 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 Noteother Loan Documents, or the enforcement, compromise or settlement of the Secured Obligations Indebtedness or any claim under this Mortgage and the Noteother Loan Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee in respect thereof, by litigation or otherwise.

Additional Advances and Disbursements; Costs of Enforcement. If any Event of Default exists, Mortgagee shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor. All sums advanced and expenses incurred at any time by Mortgagee under this Section, or otherwise under this Mortgage or any of the Note 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 rate or rates at which interest is then computed on the Secured ObligationsIndebtedness, and all such sums, together with interest thereon, shall be secured by this Mortgage. Mortgagor shall pay all reasonable out of pocket expenses (including reasonable attorneys’ ' fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and the Noteother Credit Documents, or the enforcement, compromise or settlement of the Secured Obligations Indebtedness or any claim under this Mortgage and the Noteother Credit Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee in respect thereof, by litigation or otherwise.

Additional Advances and Disbursements; Costs of Enforcement. If any Event of Default exists, Mortgagee shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor. All sums advanced and expenses incurred at any time by Mortgagee under this SectionSection 4.10, or otherwise under this Mortgage or any of the Note other 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 Post-Default Rate (as calculated pursuant to Section 3.02(c) of the Secured ObligationsCredit 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 Noteother Loan Documents, or the enforcement, compromise or settlement of the Secured Obligations Indebtedness or any claim under this Mortgage and the Noteother Loan Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee in respect thereof, by litigation or otherwise.

Additional Advances and Disbursements; Costs of Enforcement. (a) If Mortgagor has failed to perform its obligations under any Event provision of Default existsany Loan Document, Mortgagee shall have the right, right but not the obligation, obligation to cure perform or caused to be performed such Event of Default in the name and on behalf obligation of Mortgagor. All sums advanced and expenses incurred at any time by Mortgagee under this SectionSection 4.9, or otherwise under this Mortgage or any of the Note other 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 Secured ObligationsLoan 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 Noteother Loan Documents, or the enforcement, compromise or settlement of the Secured Obligations Indebtedness or any claim under this Mortgage and the Noteother Loan Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee in respect thereof, by litigation or otherwise.

Additional Advances and Disbursements; Costs of Enforcement. (a) If any Event of Default exists, Mortgagee shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor. All sums advanced and expenses incurred at any time by Mortgagee under this SectionSection 5.9, or otherwise under this Mortgage or any of the Note other 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 Secured ObligationsIndebtedness, 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 and the Noteother Loan Documents, or the enforcement, compromise or settlement of the Secured Obligations Indebtedness or any claim under this Mortgage and the Noteother Loan Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee in respect thereof, by litigation or otherwise.

Additional Advances and Disbursements; Costs of Enforcement. If Upon and during the continuance of any Event of Default existsDefault, Mortgagee shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor. All sums advanced and reasonable expenses incurred at any time by Mortgagee under this Section, or otherwise under this Mortgage or any of the Note 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 rate or rates at which interest is then computed on the Secured ObligationsIndebtedness, and all such sums, together with interest thereon, shall be secured by this Mortgage. Mortgagor shall pay all reasonable out of pocket expenses (including reasonable attorneys’ fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and the Noteother Credit Documents, or the enforcement, compromise or settlement of the Secured Obligations Indebtedness or any claim under this Mortgage and the Noteother Credit Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee in respect thereof, by litigation or otherwiseotherwise in accordance with Section 12.7 of the Credit Agreement.

Additional Advances and Disbursements; Costs of Enforcement. (a) If any Event of Default exists, Mortgagee Lender shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor. All sums advanced and expenses incurred at any time by Mortgagee Lender under this Section, or otherwise under this Mortgage or Section 4.09 and/or such other provisions of the Note or applicable law, Loan Documents which provide that Lender is entitled to be reimbursed therefore by Mortgagor 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 Secured Obligations, Default Rate 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 Noteother Loan Documents, or the enforcement, compromise or settlement of the Secured Obligations Indebtedness or any claim under this Mortgage and the Noteother Loan Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee Lender in respect thereof, by litigation or otherwise.

Additional Advances and Disbursements; Costs of Enforcement. (a) If any Event of Default exists, Mortgagee Lender shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of MortgagorBorrower. All sums advanced and expenses incurred at any time by Mortgagee Lender under this SectionSection 4.8, or otherwise under this Mortgage or any of the Note other 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 Secured ObligationsOther Loan Agreement), and all such sums, together with interest thereon, shall be secured by this Mortgage. Mortgagor . (b) Borrower shall pay all reasonable expenses (including reasonable attorneys’ ' fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and the Noteother Loan Documents, or the enforcement, compromise or settlement of the Secured Obligations Debt (as defined in the Other Loan Agreement) or any claim under this Mortgage and the NoteOther Loan Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee Lender in respect thereof, by litigation or otherwise.

Additional Advances and Disbursements; Costs of Enforcement. If any Event of Default exists, Mortgagee shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor. All sums advanced and expenses incurred at any time by Mortgagee under this Section, or otherwise under this Mortgage or any of the Note 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 rate or rates at which interest is then computed on the Secured ObligationsIndebtedness, and all such sums, together with interest thereon, shall be secured by this Mortgage. Mortgagor shall pay all reasonable out of pocket expenses (including reasonable attorneys’ fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and the Noteother Credit Documents, or the enforcement, compromise or settlement of the Secured Obligations Indebtedness or any claim under this Mortgage and the Noteother Credit Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee in respect thereof, by litigation or otherwise.

Additional Advances and Disbursements; Costs of Enforcement. (a) If any Event of Default exists, Mortgagee shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor. All sums advanced and expenses incurred at any time by Mortgagee under this SectionSection 5.9, or otherwise under this Mortgage or any of the Note other 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 Secured ObligationsIndebtedness, 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 Noteother Loan Documents, or the enforcement, compromise or settlement of the Secured Obligations Indebtedness or any claim under this Mortgage and the Noteother Loan Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee in respect thereof, by litigation or otherwise.

Additional Advances and Disbursements; Costs of Enforcement. If any (a) Upon the occurrence and during the continuance of an Event of Default existsDefault, Mortgagee shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor. All sums advanced and expenses incurred at any time by Mortgagee under this SectionSection 4.9, or otherwise under this Mortgage or any of the Note other 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 Default Rate or other applicable rate or rates at which of interest is then computed on pursuant to the Secured ObligationsCredit 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 Noteother Loan Documents, or the enforcement, compromise or settlement of the Secured Obligations or any claim under this Mortgage and the Noteother Loan Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee in respect thereof, by litigation or otherwise.

Additional Advances and Disbursements; Costs of Enforcement. If any  (a) Upon the occurrence and during the continuance of an Event of Default existsDefault, Mortgagee shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor. All sums advanced and expenses incurred at any time by Mortgagee under this SectionSection 4.9, or otherwise under this Mortgage or any of the Note other 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 Default Rate or other applicable rate or rates at which of interest is then computed on pursuant to the Secured ObligationsCredit 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 Noteother Loan Documents, or the enforcement, compromise or settlement of the Secured Obligations or any claim under this Mortgage and the Noteother Loan Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee in respect thereof, by litigation or otherwise.. 

Additional Advances and Disbursements; Costs of Enforcement. If Upon and during the continuance of any Event of Default existsDefault, Mortgagee shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor. All sums advanced and reasonable expenses incurred at any time by Mortgagee under this Section, or otherwise under this Mortgage or any of the Note 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 rate or rates at which interest is then computed on the Secured ObligationsIndebtedness, and all such sums, together with interest thereon, shall be secured by this Mortgage. Mortgagor shall pay all reasonable out of pocket expenses (including reasonable attorneys’ fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and the Noteother Credit Documents, or the enforcement, compromise or settlement of the Secured Obligations Indebtedness or any claim under this Mortgage and the Noteother Credit Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee in respect thereof, by litigation or otherwiseotherwise in accordance with the Credit Agreement.