Additional Expenses to be inserted if applicable.
Additional Expenses. The Underwriter will pay all expenses (e.g., shipping, postage and courier costs) associated with the delivery of the Prospectus to prospective investors and investors, other than the costs of delivery to the Underwriter's facilities, provided, that if courier services (other than overnight delivery services utilized in the ordinary course of business) are required to ensure that the Prospectus is delivered to investors on the day immediately preceding the Closing Date, the Company will pay such courier expenses.
Additional Expenses. In addition to the Transaction Fee, the Company shall reimburse Buyers for any and all expenses incurred by them in connection with the performance of the Transaction Documents, including, without limitation, reasonable attorneys’ and consultants’ fees and expenses, transfer agent fees, fees for stock quotation services, fees relating to any amendments or modifications of the Transaction Documents or any consents or waivers of provisions in the Transaction Documents, fees for the preparation of opinions of counsel, and costs of restructuring the transactions contemplated by the Transaction Documents. When possible, the Company must pay these fees directly, including, but not limited to, any and all wire fees, otherwise the Company must make immediate payment for reimbursement to each Buyer for all fees and expenses immediately upon written notice by such Buyer or the submission of an invoice by such Buyer.
Additional Expenses. (a) It is understood and agreed that the Donnelley Financial Services Fee payable in accordance with Section 4.1(a) hereof includes all anticipated, reasonable and necessary out-of-pocket costs and expenses (including postage and other delivery costs, telephone and similar expenses) to be incurred by Donnelley Financial in connection with the provision of the Donnelley Financial Services to LSC or to be paid by Donnelley Financial on behalf of LSC pursuant to the terms of this Agreement. The Parties agree that LSC shall reimburse Donnelley Financial for any additional reasonable and necessary out-of-pocket costs and expenses not included in the Applicable Donnelley Financial Service Fee that are incurred by Donnelley Financial in connection with the provision of Donnelley Financial Services to LSC or paid by Donnelley Financial on behalf of LSC pursuant to the terms of this Agreement (the “Donnelley Financial Additional Expenses”), provided that prior to incurring any such Donnelley Financial Additional Expenses, Donnelley Financial shall obtain the written consent of LSC to the incurrence of such Donnelley Financial Additional Expenses, with such consent not to be unreasonably withheld, delayed or conditioned; provided further that if the Parties agree such Donnelley Financial Additional Expense is recurring in nature, if LSC consents to such Donnelley Financial Additional Expense, the Applicable Donnelley Financial Service Schedule shall be deemed amended accordingly; and if the Parties do not agree such Donnelley Financial Additional Expense is recurring in nature, it shall be treated as a one-time expense and the Applicable Donnelley Financial Service Schedule shall not be amended. All Donnelley Financial Additional Expenses shall be invoiced by Donnelley Financial to LSC in accordance with the provisions of Section 4.3 hereof.
(b) It is understood and agreed that the LSC Services Fee payable in accordance with Section 4.1(b) hereof includes all anticipated, reasonable and necessary out-of-pocket costs and expenses (including postage and other delivery costs, telephone and similar expenses) to be incurred by LSC in connection with the provision of the LSC Services to Donnelley Financial or paid by LSC on behalf of Donnelley Financial pursuant to the terms of this Agreement. The Parties agree that Donnelley Financial shall reimburse LSC for any additional reasonable and necessary out-of-pocket costs and expenses not included in the Applicable LSC Servic...
Additional Expenses to be inserted if applicable. If the foregoing is in accordance with your understanding of our agreement, please sign and return to the undersigned a counterpart hereof, whereupon this letter and your acceptance shall represent a binding agreement between the Underwriter and the Company. Very truly yours, MERRILL LYNCH, PIERCE, FENNER & SMITH INCOXXXXXXED By:__________________________________ Name: Title: The foregoing Agreement is hereby confirmed and accepted as of the date first above written. GE CAPITAL MORTGAGE SERVICES, INC. By:_______________________________ Name: Title: GE CAPITAL MORTGAGE SERVICES, INC. REMIC MULTI-CLASS PASS-THROUGH CERTIFICATES SERIES 1998-25 TERMS AGREEMENT (to Underwriting Agreement, dated January 22, 1998, between the Company and the Underwriter) GE Capital Mortgage Services, Inc. New York, New York Three Executive Campus December 22, 1998 Cherry Hill, NJ 08002 Merrill Lynch, Pierce, Xxxxxx & Xxxxx Xxxxxxxxxxxd (the "Xxxxxxxiter") agrees, sxxxxxx to xxx terms and provisions herein and of the captioned Underwriting Agreement (the "Underwriting Agreement"), to purchase the Classes of Series 1998-25 Certificates specified in Section 2(a) hereof (the "Offered Certificates"). This Terms Agreement supplements and modifies the Underwriting Agreement solely as it relates to the purchase and sale of the Offered Certificates described below. The Series 1998-25 Certificates are registered with the Securities and Exchange Commission by means of an effective Registration Statement (No. 333-51151). Capitalized terms used and not defined herein have the meanings given them in the Underwriting Agreement.
Additional Expenses. It is further agreed that, in addition to payments required pursuant to subsections A and B of Section 16.1 above, Lessee shall compensate Lessor for (i) all administrative expenses, (ii) all expenses incurred by Lessor in repossessing the Leased Property (including among other expenses, any increase in insurance premiums caused by the vacancy of the Leased Property), (iii) all expenses incurred by Lessor in reletting (including among other expenses, repairs, remodeling, replacements, advertisements and brokerage fees), (iv) all concessions granted to a new tenant or tenants upon reletting (including among other concessions, renewal options), (v) Lessor's reasonable attorneys' fees and expenses, (vi) all losses incurred by Lessor as a direct or indirect result of Lessee's default (including among other losses any adverse action by mortgagees), and (vii) a reasonable allowance for Lessor's administrative efforts, salaries and overhead attributable directly or indirectly to Lessee's default and Lessor's pursuing the rights and remedies provided herein and under applicable law.
Additional Expenses. In addition to payments required pursuant to subsections (a) and (b) of Section 15.2 above, Lessee shall compensate Lessor for all reasonable expenses incurred by Lessor in repossessing the Leased Property (including any increase in insurance premiums caused by the vacancy of the Leased Property), all reasonable expenses incurred by Lessor in reletting (including repairs, remodeling, replacements, advertisements and brokerage fees), all reasonable concessions granted to a new tenant upon reletting (including renewal options), all fees and expenses incurred by Lessor as a direct or indirect result of any appropriate action by a Facility Mortgagee, any expenses of Lessor incurred for the installation of separate lines or meters for any public utilities not previously metered separately from adjacent property of Lessee and a reasonable allowance for Lessor's administrative efforts, salaries and overhead attributable directly or indirectly to Lessee's default and Lessor's pursuing the rights and remedies provided herein and under applicable law.
Additional Expenses. 31 16.5 Waiver.........................................................................................31
Additional Expenses. To the fullest extent permitted by law, the Company shall indemnify Indemnitee against any and all Expenses (including attorneys' fees) and, if requested by Indemnitee, shall (within five business days of such request) advance such Expenses to Indemnitee, which are incurred by Indemnitee in connection with any Claim asserted against or action brought by Indemnitee for (i) indemnification or advance payment of Expenses by the Company under this Agreement or any other agreement, the Company's Bylaws or Articles of Incorporation now or hereafter in effect relating to Claims for Indemnifiable Events and/or (ii) recovery under any directors' and officers' liability insurance policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, Expense advance or insurance recovery, as the case may be.
Additional Expenses. Armstrong Coal shall be responsible for the payment of all costs and expenses resulting from or related to the mining, removal, and sale of the #9 Owned Coal, all reporting costs, taxes, and all engineering fees.
