Attorneys’ Fees and Costs of Collection. Guarantor shall pay on demand all attorneys' fees and all other costs and expenses incurred by Lender in the enforcement of or preservation of Lender's rights under this Guaranty including, without limitation, all reasonable attorneys' fees and expenses, investigation costs, and all court costs, whether or not suit is filed herein, or whether at maturity or by acceleration, or whether before or after maturity, or whether in connection with bankruptcy, insolvency or appeal, or whether in connection with the collection and enforcement of this Guaranty against any other Guarantor, if there be more than one. Guarantor agrees to pay interest on any expenses or other sums due to Lender under this Section 10 that are not paid when due, at a rate per annum equal to the interest rate provided for in the Note. Guarantor's obligations and liabilities under this Section 10 shall survive any payment or discharge in full of the Guaranteed Obligations.
Appears in 9 contracts
Samples: Guaranty Agreement (Inland Western Retail Real Estate Trust Inc), Guaranty Agreement (Inland Western Retail Real Estate Trust Inc), Guaranty Agreement (Inland Western Retail Real Estate Trust Inc)
Attorneys’ Fees and Costs of Collection. Guarantor shall pay on demand all attorneys' ’ fees and all other costs and expenses incurred by Lender Administrative Agent, on behalf of the Lenders, in the enforcement of or preservation of Lender's the Lenders’ rights under this Guaranty including, without limitation, all reasonable attorneys' ’ fees and expenses, investigation costs, and all court costs, whether or not suit is filed hereinhereon, or whether at maturity or by acceleration, or whether before or after maturity, or whether in connection with bankruptcy, insolvency or appeal, or whether in connection with the collection and enforcement of this Guaranty against any other Guarantor, if there be more than one. Guarantor agrees to pay interest on any expenses or other sums due to Lender Administrative Agent under this Section 10 12 that are not paid when due, at a rate per annum equal to the interest rate provided for in the NotePast Due Rate. Guarantor's ’s obligations and liabilities under this Section 10 12 shall survive any payment or discharge in full of the Guaranteed Obligations.
Appears in 3 contracts
Samples: Guaranty Agreement (Behringer Harvard Opportunity REIT I, Inc.), Guaranty Agreement (Behringer Harvard Opportunity REIT I, Inc.), Guaranty Agreement (Behringer Harvard Opportunity REIT I, Inc.)
Attorneys’ Fees and Costs of Collection. Guarantor shall pay on demand all attorneys' ’ fees and all other costs and expenses incurred by Lender in the enforcement of or preservation of Lender's ’s rights under this Guaranty including, without limitation, including all reasonable attorneys' ’ fees and expenses, investigation costs, and all court costs, whether or not suit is filed hereinhereon, or whether at maturity or by acceleration, or whether before or after maturity, or whether in connection with bankruptcy, insolvency or appeal, or whether in connection with the collection and enforcement of this Guaranty against any other Guarantor, if there be more than one. Guarantor agrees to pay interest on any expenses or other sums due to Lender under this Section 10 that are not paid when due, at a rate per annum equal to the default interest rate provided for in the Note. Guarantor's ’s obligations and liabilities under this Section 10 shall survive any payment or discharge in full of the Guaranteed Obligations.
Appears in 2 contracts
Samples: Guaranty Agreement (Tullys Coffee Corp), Guaranty Agreement (Tullys Coffee Corp)
Attorneys’ Fees and Costs of Collection. Guarantor shall pay on demand all attorneys' ’ fees and all other costs and expenses incurred by Lender in the enforcement of or preservation of Lender's ’s rights under this Guaranty including, without limitation, all reasonable attorneys' ’ fees and expenses, investigation costs, and all court costs, whether or not suit is filed hereinhereon, or whether at maturity or by acceleration, or whether before or after maturity, or whether in connection with bankruptcy, insolvency or appeal, or whether in connection with the collection and enforcement of this Guaranty against any other Guarantor, if there be more than one. Guarantor agrees to pay interest on any expenses or other sums due to Lender under this Section 10 11 that are not paid when due, at a rate per annum equal to the interest rate provided for in the Note. Guarantor's ’s obligations and liabilities under this Section 10 11 shall survive any payment or discharge in full of the Guaranteed Obligations.
Appears in 2 contracts
Samples: Term Loan Agreement (Acadia Realty Trust), Guaranty Agreement (Interline Resources Corp)
Attorneys’ Fees and Costs of Collection. Guarantor shall pay on demand all reasonable attorneys' ’ fees and all other costs and expenses incurred by Lender in the enforcement of or preservation of Lender's ’s rights under this Guaranty including, without limitation, including all reasonable attorneys' ’ fees and expenses, investigation costs, and all court costs, whether or not suit is filed hereinhereon, or whether at maturity or by acceleration, or whether before or after maturity, or whether in connection with bankruptcy, insolvency or appeal, or whether in connection with the collection and enforcement of this Guaranty against any other Guarantor, if there be more than one. Guarantor agrees to pay interest on any expenses or other sums due to Lender under this Section 10 11 that are not paid when due, at a rate per annum equal to the default interest rate provided for in the Note. Guarantor's ’s obligations and liabilities under this Section 10 11 shall survive any payment or discharge in full of the Guaranteed Obligations.
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Attorneys’ Fees and Costs of Collection. Guarantor shall pay on demand all attorneys' ’ fees and all other costs and expenses incurred by Lender Administrative Agent, on behalf of the other Lenders, in the enforcement of or preservation of Lender's Lenders’ rights under this Guaranty including, without limitation, all reasonable attorneys' ’ fees and expenses, investigation costs, and all court costs, whether or not suit is filed hereinhereon, or whether at maturity or by acceleration, or whether before or after maturity, or whether in connection with bankruptcy, insolvency or appeal, or whether in connection with the collection and enforcement of this Guaranty against any other Guarantor, if there be more than one. Guarantor agrees to pay interest on any expenses or other sums due to Lender Administrative Agent under this Section 10 11 that are not paid when due, at a rate per annum equal to the interest rate provided for in the Note. Guarantor's ’s obligations and liabilities under this Section 10 11 shall survive any payment or discharge in full of the Guaranteed Obligations.
Appears in 1 contract
Samples: Guaranty Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)
Attorneys’ Fees and Costs of Collection. Guarantor shall pay on demand all attorneys' fees and all other costs and expenses incurred by Lender in the enforcement of or preservation of Lender's rights under this Guaranty including, without limitation, including all reasonable attorneys' fees and expenses, investigation costs, and all court costs, whether or not suit is filed hereinhereon, or whether at maturity or by acceleration, or whether before or after maturity, or whether in connection with bankruptcy, insolvency or appeal, or whether in connection with the collection and enforcement of this Guaranty against any other Guarantor, if there be more than one. Guarantor agrees to pay interest on any expenses or other sums due to Lender under this Section 10 that are not paid when due, at a rate per annum equal to the default interest rate provided for in the Note. Guarantor's obligations and liabilities under this Section 10 shall survive any payment or discharge in full of the Guaranteed Obligations.
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Attorneys’ Fees and Costs of Collection. Guarantor shall pay on demand all reasonable attorneys' ’ fees and all other costs and expenses incurred by Lender in the enforcement of or preservation of Lender's ’s rights under this Guaranty including, without limitation, all reasonable attorneys' ’ fees and expenses, investigation costs, and all court costs, whether or not suit is filed hereinhereon, or whether at maturity or by acceleration, or whether before or after maturity, or whether in connection with bankruptcy, insolvency or appeal, or whether in connection with the collection and enforcement of this Guaranty against any other Guarantor, if there be more than one. Guarantor agrees to pay interest on any expenses or other sums due to Lender under this Section 10 that are not paid when due, at a rate per annum equal to the interest rate Default Rate provided for in the NoteLoan Agreement. Guarantor's ’s obligations and liabilities under this Section 10 shall survive any payment or discharge in full of the Guaranteed Obligations.
Appears in 1 contract
Samples: Limited Guaranty Agreement (Behringer Harvard Opportunity REIT II, Inc.)
Attorneys’ Fees and Costs of Collection. Guarantor Principal of Borrower shall pay on demand all attorneys' ’ fees and all other costs and expenses incurred by Lender in the enforcement of or preservation of Lender's ’s rights under this Guaranty including, without limitation, all reasonable attorneys' ’ fees and expenses, investigation costs, and all court costs, whether or not suit is filed hereinhereon, or whether at maturity or by acceleration, or whether before or after maturity, or whether in connection with bankruptcy, insolvency or appeal, or whether in connection with the collection and enforcement of this Guaranty against any other Guarantorguarantor, if there be more than one. Guarantor Principal of Borrower agrees to pay interest on any expenses or other sums due to Lender under this Section 10 11 that are not paid when due, at a rate per annum equal to the interest rate “Default Rate” provided for in the Note. Guarantor's Principal of Borrower’s obligations and liabilities under this Section 10 11 shall survive any payment or discharge in full of the Guaranteed Obligations.
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Attorneys’ Fees and Costs of Collection. Guarantor shall pay on demand all attorneys' fees and all other costs and expenses incurred by Lender in the enforcement of or preservation of Lender's rights under this Guaranty including, without limitation, all reasonable attorneys' fees and expenses, investigation costs, and all court costs, whether or not suit is filed herein, or whether at maturity or by acceleration, or whether before or after maturity, or whether in connection with bankruptcy, insolvency or appeal, or whether in connection with the collection and enforcement of this mis Guaranty against any other Guarantor, if there be more than one. Guarantor agrees to pay interest on any expenses or other sums due to Lender under this Section 10 that are not paid when due, at a rate per annum equal to the interest rate provided for in the Note. Guarantor's obligations and liabilities under this Section 10 shall survive any payment or discharge in full of the Guaranteed Obligations.
Appears in 1 contract
Samples: Guaranty Agreement (Inland Western Retail Real Estate Trust Inc)