Common use of Additional Payments; Additional Acts Clause in Contracts

Additional Payments; Additional Acts. From time to time and upon demand by the Agent, (a) pay or reimburse the Agent and the Lenders for all Taxes (other than Taxes based solely on the overall net or gross income of the Agent or such Lender) imposed on this Agreement and any other Loan Document, (b) pay or reimburse the Agent and the Lenders for all expenses including reasonable out-of-pocket legal fees (including allocated charges of internal legal counsel) incurred in connection with (i) the negotiation, preparation and execution of this Agreement, the Notes, the Guaranty, the Security Documents and the other Loan Documents, and any amendment, waiver, consent or other modification of the provisions hereof and thereof and the consummation and administration of the transactions contemplated hereby and thereby and (ii) the enforcement, attempted enforcement, or preservation of any rights or remedies under this Agreement, the Notes, the Guaranty, the Security Documents and each other Loan Document (including all such costs and expenses incurred during any “workout” or restructuring in respect of the Loans and during any legal proceeding, including any proceeding under any applicable bankruptcy, insolvency or other similar law affecting the rights of creditors generally of the United States of America or any State thereof, (c) obtain and promptly furnish to the Agent evidence of all such Government Approvals as may be required to enable the Borrower or any Guarantor to comply with its obligations under the Loan Documents; and (d) execute and deliver all such instruments and to perform all such other acts as the Agent or any Lender may reasonably request to carry out the transactions contemplated by this Agreement and the other Loan Documents and to maintain the continuous perfection and priority of the Agent’s Lien on all Collateral. If the Borrower shall default in its obligations to reimburse Lender, interest shall accrue on the unpaid amount thereof at the Default Rate from the date the Agent makes demand therefor until repaid in full by the Borrower. The obligations of the Borrower under this Section 6.14 shall survive the payment of the Loans and the termination of this Agreement.

Additional Payments; Additional Acts. From time to time and upon demand by the Agenttime, Borrower will (a) pay or reimburse the Agent and the Lenders Lender on request for all Taxes (other than Taxes based solely imposed on the overall net income or gross income revenues of the Agent or such Lender) imposed on this Agreement any Loan Document or payment and any other Loan Documentfor all reasonable expenses, including legal fees (including allocated costs of in-house counsel), incurred by Lender in connection with the making or administering of the Loans, (b) pay or reimburse the Agent and the Lenders Lender on request for all reasonable expenses including reasonable out-of-pocket legal fees (including allocated charges of internal legal counsel) incurred by Lender in connection with (i) the negotiation, preparation and execution of this Agreement, the Notes, the Guaranty, the Security Documents and the other Loan Documents, and any amendment, waiver, consent conducting field audits or other modification inspections of the provisions hereof and thereof and the consummation and administration of the transactions contemplated hereby and thereby and Collateral; (iic) pay or reimburse Lender for all reasonable expenses, including legal fees, incurred by Lender in connection with the enforcement, attempted enforcement, or preservation of any rights or remedies under this Agreement, the Notes, the Guaranty, the Security Documents Agreement and each other Loan Document (including all such costs and expenses incurred during any “"workout” " or restructuring in respect of the Loans and during any legal proceeding, including any proceeding under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law affecting the rights of creditors generally of the United States of America or any State thereof; (d) if requested by Lender, (c) obtain and promptly furnish to the Agent Lender evidence of all such Government Approvals as may be required to enable the Borrower or any Guarantor to comply with its obligations under the Loan DocumentsDocuments and to continue in business as conducted on the date hereof without material interruption or interference; and (de) execute and deliver all such instruments and to perform all such other acts as the Agent or any Lender may reasonably request to carry out the transactions contemplated by this Agreement and the other Loan Documents and to maintain the continuous perfection and priority of the Agent’s Lender's Lien on all Collateral. If the Borrower shall default in its obligations to reimburse Lender, interest shall accrue on the unpaid amount thereof at a per annum rate equal to five percent (5%) above the Default Prime Rate (changing as such Prime Rate changes) from the date the Agent Lender makes demand therefor until repaid in full by the Borrower. The obligations of the Borrower under this Section 6.14 shall survive the payment of the Loans and the termination of this Agreement.

Additional Payments; Additional Acts. From time to time and upon demand by time, the Agent, Borrower will (a) pay or reimburse the Agent and the Lenders each Lender on request for all Taxes (other than Taxes based solely imposed on the overall net or gross income of the Agent or such Lender) imposed on this Agreement and any other Loan DocumentDocument or payment and for all expenses, including, without limitation, attorneys’ fees (including allocated costs of in-house counsel), incurred by the Lender in connection with the making or administering of the Loans, (b) pay or reimburse the Agent and the Lenders each Lender on request for all expenses (including reasonable outallocated costs of in-of-pocket legal house collateral examiners) incurred by the Agent or such Lender in connection with conducting field audits or inspections of the Collateral; provided, however, that so long as no Event of Default shall have occurred and be continuing, such collateral examinations shall occur no more often than annually; (c) pay or reimburse the Agent and each Lender on request for all costs, expenses and fees, including, without limitation, attorneys’ fees (including allocated charges costs of internal legal in-house counsel) ), incurred by the Agent or such Lender in connection with (i) the negotiation, preparation and execution of this Agreement, the Notes, the Guaranty, the Security Documents Agreement and the other Loan Documents, Documents and any amendmentand all amendments, waiverwaivers, consent consents and similar documents pertaining hereto and thereto; (d) pay or other modification of reimburse the provisions hereof Agent and thereof and each Lender for all expenses, including, without limitation, attorneys’ fees, incurred by the consummation and administration of the transactions contemplated hereby and thereby and (ii) Agent or such Lender in connection with the enforcement, attempted enforcement, or preservation of any rights or remedies under this Agreement, the Notes, the Guaranty, the Security Documents Agreement and each other Loan Document (including including, without limitation, all such costs and expenses incurred during any “workout” or restructuring in respect of the Loans and during any legal proceeding, including including, without limitation, any proceeding under any applicable international, foreign, Federal, state or local bankruptcy, insolvency or other similar law affecting debtor relief laws); (e) if requested by the rights of creditors generally of the United States of America Agent or any State thereofLender, (c) obtain and promptly furnish to the Agent or such Lender evidence of all such Government Approvals as may be required to enable the Borrower or any Guarantor to comply with its obligations hereunder and under the Loan Documentsother Borrower Documents and to continue its business and operations as conducted on the date hereof without material interruption or interference; and (df) execute and deliver all such instruments and to perform all such other acts as the Agent or any Lender may reasonably request to carry out the transactions contemplated by this Agreement and the other Loan Documents and to maintain the continuous perfection and priority of the Agent’s or any Lender’s Lien on all Collateral. If All amounts described in this Section shall be repayable by the Borrower on demand, and if the Borrower shall default in its obligations to pay or reimburse the Agent or any Lender, interest shall accrue on the unpaid amount thereof at the Default Rate from the date the Agent or such Lender makes demand therefor until repaid in full by the Borrower; provided, however, that interest shall not accrue at a rate in excess of the maximum rate permitted by applicable law. The amount and nature of any expense by the Agent or any Lender hereunder shall be fully established by the certificate of the Agent or such Lender or any of the Agent’s or such Lender’s officers or agents. The obligations of the Borrower under this Section 6.14 6.13 shall survive the payment of the Loans and the termination of this Agreement.

Additional Payments; Additional Acts. From time to time and upon demand by time, the Agent, Borrower will (a) pay or reimburse the Agent and the Lenders Lender on request for all Taxes (other than Taxes based solely imposed on the overall net income or gross income revenues of the Agent or such Lender) imposed on this Agreement and or any other Loan DocumentDocument or payment and for all reasonable out-of-pocket expenses, including reasonable legal fees (including allocated costs of in-house counsel), incurred by Lender in connection with the making, issuance or administering of the Loans and Letters of Credit; (b) pay or reimburse the Agent and the Lenders Lender for all expenses including reasonable out-of-pocket expenses, including reasonable legal fees (including allocated charges of internal legal counsel) fees, incurred by Lender in connection with (i) the negotiation, preparation and execution of this Agreement, the Notes, the Guaranty, the Security Documents and the other Loan Documents, and any amendment, waiver, consent enforcement by judicial proceedings or arbitration or other modification alternative dispute resolution proceeding or otherwise of any of the provisions hereof and thereof and rights of Lender under the consummation and administration of the transactions contemplated hereby and thereby and Loan Documents (ii) the enforcementincluding, attempted enforcementwithout limitation, or preservation of any rights or remedies under this Agreement, the Notes, the Guaranty, the Security Documents and each other Loan Document (including all such costs and expenses incurred during any “workout” or restructuring in respect of the Loans and during any legal proceeding, including including, without limitation, any proceeding under any applicable bankruptcy, insolvency or other similar law affecting the rights of creditors generally of the United States of America or any State thereof, ); (c) upon the reasonable request of Xxxxxx, obtain and promptly furnish to the Agent Lender evidence of all such Government Approvals as may be required to enable the Borrower or any and each Guarantor to comply with its obligations under the Loan DocumentsDocuments to which it is a party and to continue in business as conducted on the Closing Date without material interruption or interference; and (d) execute and deliver all such instruments and to documents (including, without limitation, deeds of trust and vehicle title applications and registrations) and perform all such other acts as the Agent or any Lender may reasonably request to carry out the transactions contemplated by this Agreement and the other Loan Documents and to maintain the continuous perfection and priority of the AgentXxxxxx’s Lien on all CollateralCollateral (including, without limitation, hereafter acquired vehicles). If the Borrower shall default in its obligations to reimburse LenderLender or to make any other payment required hereunder, interest shall accrue on the unpaid amount thereof at a per annum rate equal to five percent (5%) above the Default Prime Rate (changing as such Prime Rate changes) from the date the Agent makes demand is made upon Borrower therefor until repaid in full by the Borrowerfull. The obligations of the Borrower under this Section 6.14 6.13 shall survive the payment of the Loans and the Notes, the reimbursement of the Letters of Credit and the termination of this Agreement.

Additional Payments; Additional Acts. From time to time and upon demand by the Agenttime, Borrower will (a) pay or reimburse the Agent and the Lenders Lender on request for all Taxes (other than Taxes based solely imposed on the overall net income or gross income revenues of the Agent or such Lender) imposed on this Agreement any Loan Document or payment and any other Loan Documentfor all reasonable expenses, including legal fees (including allocated costs of in-house counsel), incurred by Lender in connection with the making or administering of the Loans, (b) pay or reimburse the Agent and the Lenders Lender on request for all reasonable expenses including reasonable out-of-pocket legal fees (including allocated charges of internal legal counsel) incurred by Lender in connection with (i) the negotiation, preparation and execution of this Agreement, the Notes, the Guaranty, the Security Documents and the other Loan Documents, and any amendment, waiver, consent conducting field audits or other modification inspections of the provisions hereof and thereof and the consummation and administration of the transactions contemplated hereby and thereby and Collateral; (iic) pay or reimburse Lender for all reasonable expenses, including legal fees, incurred by Lender in connection with the enforcement, attempted enforcement, or preservation of any rights or remedies under this Agreement, the Notes, the Guaranty, the Security Documents Agreement and each other Loan Document (including all such costs and expenses incurred during any “workout” or restructuring in respect of the Loans and during any legal proceeding, including any proceeding under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law affecting the rights of creditors generally of the United States of America or any State thereof; (d) if requested by Lender, (c) obtain and promptly furnish to the Agent Lender evidence of all such Government Approvals as may be required to enable the Borrower or any Guarantor to comply with its obligations under the Loan DocumentsDocuments and to continue in business as conducted on the date hereof without material interruption or interference; and (de) execute and deliver all such instruments and to perform all such other acts as the Agent or any Lender may reasonably request to carry out the transactions contemplated by this Agreement and the other Loan Documents and to maintain the continuous perfection and priority of the AgentLender’s Lien on all Collateral. If the Borrower shall default in its obligations to reimburse Lender, interest shall accrue on the unpaid amount thereof at a per annum rate equal to five percent (5%) above the Default Prime Rate (changing as such Prime Rate changes) from the date the Agent Lender makes demand therefor until repaid in full by the Borrower. The obligations of the Borrower under this Section 6.14 shall survive the payment of the Loans and the termination of this Agreement.

Additional Payments; Additional Acts. From time to time and upon demand by time, the Agent, Borrower will (a) pay or reimburse the Agent and the Lenders each Lender on request for all Taxes (other than Taxes based solely imposed on the overall net or gross income of the Agent or such Lender) imposed on this Agreement and any other Loan DocumentDocument or payment and for all expenses, including, without limitation, attorneys’ fees (including allocated costs of in-house counsel), incurred by the Lender in connection with the making or administering of the Loans, (b) pay or reimburse the Agent and the Lenders each Lender on request for all expenses (including reasonable outallocated costs of in-of-pocket legal house collateral examiners) incurred by the Agent or such Lender in connection with conducting field audits or inspections of the Collateral; provided, however, that so long as no Event of Default shall have occurred and be continuing, such collateral examinations shall occur no more often than annually; (c) pay or reimburse the Agent and each Lender on request for all costs, expenses and fees, including, without limitation, attorneys’ fees (including allocated charges costs of internal legal in-house counsel) ), incurred by the Agent or such Lender in connection with (i) the negotiation, preparation and execution of this Agreement, the Notes, the Guaranty, the Security Documents Agreement and the other Loan Documents, Documents and any amendmentand all amendments, waiverwaivers, consent consents and similar documents pertaining hereto and thereto; (d) pay or other modification of reimburse the provisions hereof Agent and thereof and each Lender for all expenses, including, without limitation, attorneys’ fees, incurred by the consummation and administration of the transactions contemplated hereby and thereby and (ii) Agent or such Lender in connection with the enforcement, attempted enforcement, or preservation of any rights or remedies under this Agreement, the Notes, the Guaranty, the Security Documents Agreement and each other Loan Document (including including, without limitation, all such costs and expenses incurred during any “workout” or restructuring in respect of the Loans and during any legal proceeding, including including, without limitation, any proceeding under any applicable international, foreign, Federal, state or local bankruptcy, insolvency or other similar law affecting debtor relief laws); (e) if requested by the rights of creditors generally of the United States of America Agent or any State thereofLender, (c) obtain and promptly furnish to the Agent or such Lender evidence of all such Government Approvals as may be required to enable the Borrower or any Guarantor to comply with its obligations hereunder and under the Loan Documentsother Borrower Documents and to continue its business and operations as conducted on the date hereof without material interruption or interference; and (df) execute and deliver all such instruments and to perform all such other acts as the Agent or any Lender may reasonably request to carry out the transactions contemplated by this Agreement and the other Loan Documents and to maintain the continuous perfection and priority of the Agent’s or any Lender’s Lien on all Collateral. If All amounts described in this Section shall be repayable by the Borrower on demand, and if the Borrower shall default in its obligations to pay or reimburse the Agent or any Lender, interest shall accrue on the unpaid amount thereof at the Default Rate from the date the Agent or such Lender makes demand therefor until repaid in full by the Borrower; provided, however, that interest shall not accrue at a rate in excess of the maximum rate permitted by applicable law. The amount and nature of any expense by the Agent or any Lender hereunder shall be fully established by the certificate of the Agent or such Lender or any of the Agent’s or such Lender’s officers or agents. The obligations of the Borrower under this Section 6.14 shall survive the payment of the Loans and the termination of this Agreement.

Additional Payments; Additional Acts. From time to time and upon demand by time, the Agent, Borrower will (a) pay or reimburse the Agent and the Lenders each Lender on request for all Taxes (other than Taxes based solely imposed on the overall net or gross income of the Agent or such Lender) imposed on this Agreement and any other Loan DocumentDocument or payment and for all reasonable expenses, including, without limitation, attorneys’ fees (including allocated costs of in-house counsel), incurred by the Agent and each Lender in connection with the making or administering of the Loans, (b) pay or reimburse the Agent and the Lenders each Lender on request for all reasonable expenses (including allocated costs of in-house collateral examiners) incurred by the Agent and each Lender in connection with conducting field audits or inspections of the Collateral; provided, however, that so long as no Event of Default shall have occurred and be continuing, such collateral examinations shall occur no more often than annually, and shall be conducted by Persons present in American Samoa; provided further that, Borrower shall be under no obligation to pay or reimburse Lender for any costs or expenses incurred should Lender wish to send Persons from outside American Samoa to American Samoa to conduct any field audits or inspections, except upon the occurrence and during the continuation of an Event of Default and then at Borrower’s expense; (c) pay or reimburse the Agent and each Lender on request for all reasonable out-of-pocket legal costs, expenses and fees, including, without limitation, attorneys’ fees (including allocated charges costs of internal legal in-house counsel) ), incurred by the Agent or such Lender in connection with (i) the negotiation, preparation and execution of this Agreement, the Notes, the Guaranty, the Security Documents Agreement and the other Loan Documents, Documents and any amendmentand all amendments, waiverwaivers, consent consents and similar documents pertaining hereto and thereto; (d) pay or other modification of reimburse the provisions hereof Lender for all reasonable expenses, including, without limitation, attorneys’ fees, incurred by the Agent and thereof and the consummation and administration of the transactions contemplated hereby and thereby and (ii) each Lender in connection with the enforcement, attempted enforcement, or preservation of any rights or remedies under this Agreement, the Notes, the Guaranty, the Security Documents Agreement and each other Loan Document (including including, without limitation, all such costs and expenses incurred during any “workout” or restructuring in respect of the Loans and during any legal proceeding, including including, without limitation, any proceeding under any applicable international, foreign, Federal, state or local bankruptcy, insolvency or other similar law affecting debtor relief laws); (e) if requested by the rights of creditors generally of the United States of America Agent or any State thereofLender, (c) obtain and promptly furnish to the Agent or such Agent or such Lender evidence of all such Government Approvals as may be required to enable the Borrower or any Guarantor to comply with its obligations hereunder and under the Loan Documentsother Borrower Documents and to continue its business and operations as conducted on the date hereof without material interruption or interference; and (df) execute and deliver all such instruments and to perform all such other acts as the Agent or any Lender may reasonably request to carry out the transactions contemplated by this Agreement and the other Loan Documents and to maintain the continuous perfection and priority of the Agent’s or any Lender’s Lien on all Collateral. If All amounts described in this Section shall be repayable by the Borrower shall default in its obligations to reimburse Lender, interest shall accrue on the unpaid demand. The amount thereof at the Default Rate from the date and nature of any expense by the Agent makes demand therefor until repaid in full or any Lender hereunder shall be fully established by the Borrowercertificate of the Agent or such Lender or any of the Agent’s or such Lender’s officers or agents. The obligations of the Borrower under this Section 6.14 6.4 shall survive the payment of the Loans and the termination of this Agreement.