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

Additional Advances and Disbursements; Costs of Enforcement. 4.8.1 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 Xxxxxxxxx. All sums advanced and expenses incurred at any time by Mortgagee or any Lender under this Section, or otherwise under this Mortgage, the Credit Agreement or any of the other Credit Documents or applicable law, shall be deemed advances of principal evidenced by the Credit Agreement and the other Credit Documents and shall bear interest from the date that such sum is advanced or expense incurred, 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. 4.8.2 Mortgagor shall pay all expenses (including reasonable attorneys’ fees and expenses) of or incidental to the perfection, foreclosure and other enforcement of this Mortgage, the Credit Agreement and the other Credit Documents, or the enforcement, compromise or settlement of the Indebtedness or any claim under this Mortgage, the Credit Agreement and the other 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. Attorneys’ fees and expenses payable by Mortgagor under this Section 4.8 or otherwise under this Mortgage shall be limited to those reasonable fees and expenses actually incurred at standard rates without reference to a specific percentage of the outstanding balance of the Indebtedness.

Appears in 3 contracts

Samples: Mortgage, Security Agreement, Assignment of Rents and Leases (Pantry Inc), Mortgage Agreement (Pantry Inc), Amended and Restated Mortgage, Security Agreement, Assignment of Rents and Leases and Fixture Filing (Pantry Inc)

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Additional Advances and Disbursements; Costs of Enforcement. 4.8.1 If any Event of Default exists, Mortgagee Beneficiary, Trustee 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 XxxxxxxxxGrantor. All sums advanced and expenses incurred at any time by Mortgagee Beneficiary, Trustee or any Lender under this SectionSection 4.8.1, or otherwise under this MortgageDeed of Trust, the Credit Agreement or any of the other Credit Documents or applicable law, shall be deemed advances of principal evidenced by the Credit Agreement and the other Credit Documents and shall bear interest from the date that such sum is advanced or expense incurred, 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. 4.8.2 Mortgagor Grantor shall pay all expenses (including reasonable attorneys’ fees and expenses) of or incidental to the perfection, foreclosure and other enforcement of this MortgageDeed of Trust, the Credit Agreement and the other Credit Documents, or the enforcement, compromise or settlement of the Indebtedness or any claim under this MortgageDeed of Trust, the Credit Agreement and the other Credit Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee Beneficiary and Trustee in respect thereof, by litigation or otherwise. Attorneys’ fees and expenses payable by Mortgagor Grantor under this Section 4.8 4.8.2 or otherwise under this Mortgage Deed of Trust shall be limited to those reasonable fees and expenses actually incurred at standard rates without reference to a specific percentage of the outstanding balance of the Indebtedness.

Appears in 3 contracts

Samples: Deed of Trust, Security Agreement, Amended and Restated Deed of Trust, Security Agreement, Assignment of Rents and Leases and Fixture Filing (Pantry Inc), Deed of Trust (Pantry Inc)

Additional Advances and Disbursements; Costs of Enforcement. 4.8.1 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 XxxxxxxxxMortgagor. All sums advanced and expenses incurred at any time by Mortgagee or any Lender under this Section, or otherwise under this Mortgage, the Credit Agreement or any of the other Credit Documents or applicable law, shall be deemed advances of principal evidenced by the Credit Agreement and the other Credit Documents and shall bear interest from the date that such sum is advanced or expense incurred, 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. 4.8.2 Mortgagor shall pay all expenses (including reasonable attorneys’ fees and expenses) of or incidental to the perfection, foreclosure and other enforcement of this Mortgage, the Credit Agreement and the other Credit Documents, or the enforcement, compromise or settlement of the Indebtedness or any claim under this Mortgage, the Credit Agreement and the other 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. Attorneys’ fees and expenses payable by Mortgagor under this Section 4.8 or otherwise under this Mortgage shall be limited to those reasonable fees and expenses actually incurred at standard rates without reference to a specific percentage of the outstanding balance of the Indebtedness.

Appears in 3 contracts

Samples: Mortgage, Security Agreement, Assignment of Rents and Leases (Pantry Inc), Mortgage, Security Agreement, Assignment of Rents and Leases (Pantry Inc), Multistate Mortgage, Security Agreement, Assignment of Rents and Leases and Fixture Filing (Pantry Inc)

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Additional Advances and Disbursements; Costs of Enforcement. 4.8.1 (a) If any Event of Default exists or a default by Mortgagor under any Primary Lease exists, Mortgagee and each of the Lenders shall have has the right, but not the obligation, to cure such Event of Default or default by Mortgagor under such Primary Lease in the name and on behalf of XxxxxxxxxMortgagor. All sums advanced and expenses incurred at any time by Mortgagee or any Lender under this SectionSECTION 6.9, or otherwise under this Mortgage, the Credit Agreement Mortgage or any of the other Credit Loan Documents or applicable law, shall be deemed advances of principal evidenced by the Credit Agreement and the other Credit Documents and shall bear interest from the date that such sum is advanced or expense incurred, 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. 4.8.2 (b) Mortgagor shall pay all expenses (including reasonable attorneys’ fees and expenses) of or incidental to the perfection, foreclosure perfection and other enforcement of this Mortgage, the Credit Agreement Mortgage and the other Credit Loan Documents, or the enforcement, compromise or settlement of the Indebtedness or any claim under this Mortgage, the Credit Agreement Mortgage and the other Credit 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. Attorneys’ fees and expenses payable by Mortgagor under this Section 4.8 or otherwise under this Mortgage shall be limited to those reasonable fees and expenses actually incurred at standard rates without reference to a specific percentage of the outstanding balance of the Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Isle of Capri Casinos Inc)

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