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Advances and Expenses Sample Clauses

Advances and Expenses. Expenses incurred by Indemnitee in connection with any Proceeding shall be paid by the Corporation in advance of the final disposition thereof upon the written request of Indemnitee, if Indemnitee shall undertake to repay such amount if and to the extent it is ultimately determined that Indemnitee is not entitled to indemnification.
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Advances and Expenses. Upon default by the Mortgagor in the performance of any material terms, covenants or conditions in this deed or in the Note contained, the Mortgagee may, at its option and whether electing to declare the whole indebtedness due and payable or not, upon prior written notice to the Mortgagor, perform the same without waiver of any other remedy, and any amount paid or advanced by the Mortgagee in connection therewith, and any other costs, charges, and expenses incurred by the Mortgagee in the protection of the Mortgaged Premises or the maintenance of the lien of the mortgage hereby constituted are hereby secured by the lien of said mortgage up to an amount equal to twenty per cent (20%) of the principal sum of the Mortgage Note, shall be repayable by the Mortgagor on demand, with interest at the rate set forth in the Mortgage Note and shall constitute and additional indebtedness secured in this Mortgaged. Failure by Mortgagor to give notice, shall in any manner affect the guarantee herein provided for such payments or advances.
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Advances and Expenses. Without regard to whether (a) an event of default has occurred under this Deed of Trust, (b) the Grantor has performed Grantor’s obligations under this Deed of Trust, or (c) there is a legal proceeding threatened or pending that may affect the validity or priority of the lien of this Deed of Trust, Beneficiary may do and pay for whatever it deems necessary or appropriate to (i) satisfy any or all of Grantor's obligations under this Deed of Trust, (ii) preserve and protect the value and condition of the premises, (iii) protect Beneficiary's rights under this Deed of Trust, and (iv) sustain the lien of this Deed of Trust and its priority. Beneficiary's actions may include (but shall not be limited to) the payment of sums to (i) pay insurance premiums, taxes, assessments, fines, impositions, charges, leasehold payments and ground rents relating to the premises, (ii) pay any lien or claim of lien that has, may have or may obtain priority over this Deed of Trust, (iii) prosecute or defend any legal action or proceeding relating to the premises, the lien of this Deed of Trust, or any of the Secured Obligations, (iv) obtain periodic updates of appraisals or new appraisals of the premises, (v) obtain environmental studies and assessments including, without limitation, sampling and testing, (vi) enter upon the premises and inspect, protect, preserve, repair and/or restore the premises, (vii) comply with all legal and regulatory requirements imposed upon Beneficiary to protect the premises as collateral or to analyze the value or condition thereof, and (viii) pay reasonable attorneys' fees and other costs, fees and expenses incurred on behalf of Beneficiary and/or Trustee arising from any of the foregoing. All costs, fees and expenses actually incurred by Beneficiary and/or Trustee and payments made by Beneficiary pursuant to this section shall (i) be deemed necessary expenditures made for the preservation of the security, (ii) be secured by this Deed of Trust, (iii) bear interest at the same rate as the principal indebtedness secured hereby, and (iv) be payable immediately upon demand or otherwise as Beneficiary may determine. Nothing herein shall be construed to allow Beneficiary to collect any costs, fees or expense otherwise prohibited by applicable law. After any such advances are made, Beneficiary may apply any funds received hereunder to advances, principal, or interest as Beneficiary may determine. Beneficiary shall not be held to have waived any rights accr...
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Advances and Expenses. Upon the occurrence of an Event of Default by the Mortgagor, the Mortgagee may, at its option upon prior written notice to Mortgagor and whether electing to declare the whole indebtedness due and payable or not, perform the same without waiver of any other remedy, and any amount paid or advanced by the Mortgagee in connection therewith, and any other costs, charges, and expenses incurred by the Mortgagee in the protection of the Mortgaged Premises or the maintenance of the lien of the mortgage hereby constituted are hereby secured by the lien of said mortgage up to an amount equal to TWENTY PERCENT (20%) of the principal sum of the Mortgage Note, shall be repayable by the Mortgagor on demand, with interest at the rate set forth in the Mortgage Note and shall constitute a lien upon the Mortgaged Premises senior to any other lien that may arise or may be granted subsequent to the lien constituted under this deed. The Mortgagee, in making any payment herein and hereby authorized, in the place and stead of the Mortgagor, relating to taxes,
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Advances and Expenses. All obligations arising from sums advanced and expenses incurred by Holder for the purpose of insuring, preserving or otherwise protecting any collateral for either the Loan, its value or any of the Obligations defined in this Paragraph 2, and any other sums advanced and expenses incurred by Holder under this Agreement, the Note, any loan agreement related to the Loan, and any deed of trust, trust deed, mortgage, deed to secure debt, assignment of beneficial interest, security agreement, guaranty agreement, or any other agreement which secures, guarantees, or otherwise relates to the Note, the Loan, or any of the Obligations defined in this Paragraph 2, including but not limited to expenses of disposing of any collateral securing the Loan or the other Obligations, collection expenses and attorneys' fees, plus interest at the highest lawful rate which may be charged by Holder on the Obligations. In addition to any other expenses, Guarantor agrees to pay all reasonable expenses relating to default and collection of those Obligations described in this Paragraphs 2, as follows: Expenses for taking, holding, preparing for sale, selling or similar expenses, advances made for the above purposes and advances relating to the collateral for Obligations made on Borrower's behalf as permitted by any agreements securing such Obligations; and reasonable attorneys' fees, paralegal fees and other legal expenses to the extent not prohibited by law, including, but not limited to, any such fees, costs and expenses incurred in or related to collecting, protecting and enforcing liabilities, any negotiations or legal proceedings, including, but not limited to, any bankruptcy proceedings, or any actions in or relating to any bankruptcy proceedings;
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Related to Advances and Expenses

  • PAYMENT AND EXPENSES 8.1 Each payment to be made by the Guarantor under this guarantee shall be made in pounds sterling, free and clear of all deductions or withholdings of any kind, except for those required by law, and if any deduction or withholding must be made by law, the Guarantor shall pay that additional amount which is necessary to ensure that the Authority receives a net amount equal to the full amount which it would have received if the payment had been made without the deduction or withholding. 8.2 The Guarantor shall pay interest on any amount due under this guarantee from the day after the date on which payment was due up to and including the date of payment in full (whether before or after judgment) in accordance with the Late Payment of Commercial Debts (Interest) Xxx 0000. 8.3 The Guarantor shall reimburse the Authority for all legal and other costs (including VAT) incurred by the Authority in connection with the enforcement of this guarantee.

  • Fees and Expenses of the Trustee (a) As compensation for its duties hereunder, the Trustee shall withdraw from the Distribution Account on each Distribution Date all income and gains (net of losses) on amounts on deposit in the Distribution Account. Subject to Section 8.05(b), the Trustee, or any director, officer, employee or agent of it, shall be indemnified by the Trust Fund and held harmless against any loss, liability or expense (including any unreimbursed fees or expenses for work relating to an appointment of a successor Servicer under Section 7.02 herein, but not including expenses, disbursements and advances incurred or made by the Trustee, including the reasonable compensation and the expenses and disbursements of its agents and counsel, in the ordinary course of its performance in accordance with the provisions of this Agreement) incurred by the Trustee in connection with any claim or legal action or any pending or threatened claim or legal action arising out of or in connection with the acceptance or administration of its obligations and duties under this Agreement, other than any loss, liability or expense (i) resulting from the Servicer’s actions or omissions in connection with this Agreement and the Mortgage Loans, (ii) that constitutes a specific liability of the Trustee pursuant to Section 10.01(c) or (iii) any loss, liability or expense incurred by reason of willful misfeasance, bad faith or negligence in the performance of duties hereunder or by reason of reckless disregard of obligations and duties hereunder or as a result of a breach of the its obligations under Article X hereof. Any amounts payable to the Trustee, or any director, officer, employee or agent of the Trustee, in respect of the indemnification provided by this paragraph (a), or pursuant to any other right of reimbursement from the Trust Fund that the Trustee, or any director, officer, employee or agent of the Trustee, may have hereunder in its capacity as such, may be withdrawn by the Trustee from the Distribution Account at any time. Such indemnity shall survive the termination of this Agreement and the resignation of the Trustee. (b) As a limitation on the foregoing with respect to certain expenses of the Trustee in its capacity as Trustee, the Trustee shall receive from the Trust Fund amounts with respect to indemnification for reasonable counsel fees and expenses (collectively, “Legal Fees”) in connection with any third-party litigation or other claims alleging violations of laws or regulations relating to consumer lending and/or servicing of the Trust Fund (collectively, “Third Party Claims”) in an amount not greater than $25,000 per month, and $600,000 in the aggregate (with amounts in excess of $25,000 for any month carried-forward to subsequent months, until the $600,000 aggregate maximum is reached). The amounts, if any, described in the preceding sentence, shall be paid on each Distribution Date in accordance with the priorities set forth in Section 4.01(a)(3)(xx) hereof to the extent of the Available Distribution Amount. The Trustee shall not have any obligation to incur additional expenses for which reimbursement is limited pursuant to this paragraph in excess of the aggregate limit set forth above unless it has received reasonable security or indemnity for such additional expenses. The Certificateholders shall hold the Trustee harmless for any consequences to such Certificateholders resulting from any failure of the Trustee to incur any such additional expenses in excess of the aforementioned aggregate limit. (c) Without limiting the Servicer’s indemnification obligations under Section 6.03, the Servicer agrees to indemnify the Trustee from, and hold it harmless against, any loss, liability or expense resulting from a breach of the Servicer’s obligations and duties under this Agreement. Such indemnity shall survive the termination or discharge of this Agreement and the resignation or removal of the Trustee. Any payment hereunder made by the Servicer to the Trustee shall be from the Servicer’s own funds, without reimbursement from the Trust Fund. (d) The Depositor shall pay any annual rating agency fees of S&P, Xxxxx’x and Fitch for ongoing surveillance from its own funds without right of reimbursement. (e) The Trustee shall deliver to the Depositor and each Holder of a Non-Offered Certificate a report detailing all payments from the Trust Fund made with respect to Legal Fees on account of Third-Party Claims. The report shall be delivered monthly, promptly following any month in which such payments were made.

  • Reimbursement of Fees and Expenses The Advisor retains its right to receive reimbursement of any excess expense payments paid by it pursuant to this Agreement under the same terms and conditions as it is permitted to receive reimbursement of reductions of its investment management fee under the Investment Advisory Agreement.

  • CONTRACT LIMIT AND FEES AND EXPENSES is deleted in its entirety and replaced with the following: “CONTRACT LIMIT, FEES AND EXPENSES. The total amount of fees to be paid by RRC to Contractor under the Contract through the Contract Term shall not exceed ONE MILLION TWO HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($1,200,000.00), the total of which includes the current NTE amount of SIX HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($600,000.00), as approved by RRC Commissioners on September 1, 2020, plus the addition of SIX HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($600,000.00), as approved by RRC Commissioners on August 24, 2021.” Except as expressly amended above, all provisions of the Contract, as amended, remain in full force and effect. In the event of a conflict among provisions of the Contract, the order of precedence shall be: this Amendment No. 1; and the original Contract in accordance with section 1.03. ORDER OF PRECEDENCE., therein.

  • Other Costs and Expenses Seller shall reimburse Agent, each Purchaser Agent and each Conduit on demand for all costs and out-of-pocket expenses in connection with the preparation, negotiation, arrangement, execution, delivery, enforcement and administration of this Agreement, the transactions contemplated hereby and the other documents to be delivered hereunder, including without limitation, the cost of any Conduit’s auditors auditing the books, records and procedures of Seller, reasonable fees and out-of-pocket expenses of legal counsel for any Conduit, any Purchaser Agent and/or Agent (which such counsel may be employees of any Conduit, any Purchaser Agent or Agent) with respect thereto and with respect to advising any Conduit, any Purchaser Agent and/or Agent as to their respective rights and remedies under this Agreement. Seller shall reimburse Agent and each Purchaser Agent on demand for any and all costs and expenses of Agent, the Purchaser Agents and the Purchasers, if any, including reasonable counsel fees and expenses in connection with the enforcement of this Agreement and the other documents delivered hereunder and in connection with any restructuring or workout of this Agreement or such documents, or the administration of this Agreement following an Amortization Event. Seller shall reimburse each Conduit on demand for all other costs and expenses incurred by such Conduit (“Other Costs”), including, without limitation, the cost of auditing such Conduit’s books by certified public accountants, the cost of rating the Commercial Paper of such Conduit by independent financial rating agencies, and the reasonable fees and out-of-pocket expenses of counsel for such Conduit or any counsel for any shareholder of such Conduit with respect to advising such Conduit or such shareholder as to matters relating to such Conduit’s operations.

  • Interest Fees and Expenses 1. Interest on the Revolving Loan and all Acquisition Term Loans shall be payable monthly as of the end of each month and shall be an amount equal to: a) the then Chase Bank Rate less a quarter of one percent, or, at ROA's election, the sum of two and one-quarter percent (2 1/4%) and the Libor, or b) subject to paragraph 3 below, if the Companies' Funded Debt to Net Worth Ratio for the preceding fiscal quarter was less than one to one (1 to 1), the then Chase Bank Rate less one half of one percent, or, at ROA' s election, the sum of one and three-quarters percent ( 1 3/4 /O) and the Libor. Interest shall be computed on a per annum basis on the average of the net balances owing by the Companies at the close of each day during such month. In the event of any change in said Chase Bank Rate, the rate hereunder shall change as of the first of the month following any change; ROA may elect to use Libor as to any new or then outstanding Revolving Loans or Acquisition Term Loans provided x) there is then no Default or unwaived Event of Default and y)ROA has advised the Agent of its election to use Libor and the Libor Period selected no later than three (3) Business Days prior to the proposed borrowing or, in the case of a Libor election with respect to a then outstanding Revolving Loan or Acquisition Term Loan, three (3) Business Days prior to the conversion of any then outstanding Revolving Loans or Acquisition Term Loan to Libor Loans and z) the election and Libor shall be effective, provided there is then no Default or unwaived Event of Default, on the fourth Business Day following said notice. The Libor elections must be for $1,000,000.00 or whole multiples thereof. No more than four (4) Libor elections may be in effect at any one time. The Agent shall be entitled to charge the Collective Loan Account i) at the rate provided for herein when due until all Obligations have been paid in full; ii) the Libor Processing Fee on the effective date of the Libor Election. All rates hereunder shall be calculated based on a 360 day year.

  • Custodian's Fees and Expenses (a) The Depositor, Designated Beneficiary and Responsible Individual agree that the Custodian shall be entitled to receive any and all fees specified in the Custodian's current published fee schedule for establishing and maintaining this Xxxxxxxxx ESA, including, but not limited to, any fees for distributions from, transfers from, and terminations of this Xxxxxxxxx ESA. The Custodian may change its fee schedule at any time by giving the Designated Beneficiary (or Responsible Individual) 30 days prior written notice. (b) The Depositor, Designated Beneficiary and Responsible Individual agree that the Custodian shall be entitled to reimbursement for any expenses incurred by the Custodian in the performance of its duties in connection with the account. Such expenses include, but are not limited to, administrative expenses, such as legal and accounting fees, and any taxes of any kind whatsoever that may be levied or assessed with respect to such account. (c) All such fees, taxes, and other administrative expenses charged to the account shall be collected either from the assets in the account or from any contributions to or distributions from such account if not paid by the Depositor, Designated Beneficiary or Responsible Individual, but the Depositor, Designated Beneficiary and Responsible Individual shall be responsible for any deficiency. (d) In the event that for any reason the Custodian is not certain as to who is entitled to receive all or part of the Custodial Funds, the Custodian reserves the right to withhold any payment from the Custodial Account, to request a court ruling to determine the disposition of the Custodial assets, and to charge the Custodial Account for any expenses incurred in obtaining such legal determination.

  • CONTRACT LIMIT, FEES AND EXPENSES changing the not-to-exceed amount of the Contract from TWO MILLION SIX HUNDRED TWENTY-SEVEN THOUSAND THREE HUNDRED DOLLARS AND ZERO CENTS ($2,627,300.00) to TWO MILLION EIGHT HUNDRED SEVENTEEN THOUSAND FIVE HUNDRED SEVENTY-FIVE DOLLARS AND ZERO CENTS ($2,817,575.00), as approved by the Executive Director on May 2, 2022.

  • Payment of Fees and Expenses Borrower shall have paid to Lender all fees, charges, and other expenses which are then due and payable as specified in this Agreement or any Related Document.

  • Costs and Expenses The Borrower shall pay (i) all reasonable out-of-pocket expenses incurred by the Administrative Agent and its Affiliates (including the reasonable fees, charges and disbursements of counsel for the Administrative Agent), in connection with the syndication of the credit facilities provided for herein, the preparation, negotiation, execution, delivery and administration of this Agreement and the other Loan Documents or any amendments, modifications or waivers of the provisions hereof or thereof (whether or not the transactions contemplated hereby or thereby shall be consummated), (ii) all reasonable out-of-pocket expenses incurred by the L/C Issuer in connection with the issuance, amendment, renewal or extension of any Letter of Credit or any demand for payment thereunder and (iii) all out-of-pocket expenses incurred by the Administrative Agent, any Lender or the L/C Issuer (including the fees, charges and disbursements of any counsel for the Administrative Agent, any Lender or the L/C Issuer), and shall pay all fees and time charges for attorneys who may be employees of the Administrative Agent, any Lender or the L/C Issuer, in connection with the enforcement or protection of its rights (A) in connection with this Agreement and the other Loan Documents, including its rights under this Section, or (B) in connection with the Loans made or Letters of Credit issued hereunder, including all such out-of-pocket expenses incurred during any workout, restructuring or negotiations in respect of such Loans or Letters of Credit.

Most Referenced Clauses

Most Referenced Definitions