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.
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 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.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Allegiance Telecom Inc), Credit and Guaranty Agreement (Allegiance Telecom Inc)
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.
Appears in 2 contracts
Samples: Open End Mortgage, Security Agreement, Fixture Filing, and Assignment of Leases and Rents (Westway Group, Inc.), Open End Mortgage, Security Agreement, Fixture Filing, and Assignment of Leases and Rents (Westway Group, Inc.)
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.
Appears in 1 contract
Samples: Credit Agreement (First Data Corp)
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.
Appears in 1 contract
Samples: Mortgaged Properties Schedule (Dollar General Corp)
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.
Appears in 1 contract
Samples: Open End Mortgage, Security Agreement, Assignment of Rents and Leases, and Fixture Filing (GXS Corp)
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 5.9, or otherwise under this Mortgage or Mortgage, any of the Note other 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 Secured ObligationsIndebtedness, 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 Mortgage, the other Loan Documents and the Noteany Hedge Agreements, or the enforcement, compromise or settlement of the Secured Obligations Indebtedness or any claim under this Mortgage Mortgage, the other Loan Documents and the Noteany Hedge Agreements, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee 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 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.
Appears in 1 contract