Common use of Attorneys’ Fees and Costs of Collection Clause in Contracts

Attorneys’ Fees and Costs of Collection. Guarantor shall pay on demand all attorneys' fees and all other costs and expenses incurred by Administrative Agent, on behalf of the other Lenders, in the enforcement of or preservation of 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 hereon, 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 Administrative Agent under this SECTION 10 that are not paid within ten (10) days after the same became due, at a rate per annum equal to the Past Due Rate. Guarantor's obligations and liabilities under this SECTION 10 shall survive any payment or discharge in full of the Guaranteed Obligations.

Appears in 3 contracts

Samples: Guaranty Agreement (Behringer Harvard Short Term Opportunity Fund I Lp), Guaranty Agreement (Behringer Harvard Reit I Inc), Guaranty Agreement (Behringer Harvard Reit I Inc)

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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 Administrative Agent, on behalf of the other Lenders, Agent and/or Lenders in the enforcement of or preservation of Administrative Agent’s and/or 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 hereon, 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 Administrative Agent and/or Lenders under this SECTION 10 Section 11 that are not paid within ten (10) days after the same became when due, at a rate per annum equal to the Past Due Rateinterest rate provided for in the Note. Guarantor's ’s obligations and liabilities under this SECTION 10 Section 11 shall survive any payment or discharge in full of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Rents and Security Agreement (Acadia Realty Trust), Loan Agreement (Acadia Realty Trust)

Attorneys’ Fees and Costs of Collection. Guarantor shall pay on demand all reasonable attorneys' fees and all other costs and expenses incurred by Administrative Agent, on behalf of the other Lenders, Agent in the enforcement of or preservation of Lenders' Agent’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 hereon, 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 Administrative Agent under this SECTION Section 10 that are not paid within ten (10) days after the same became when due, at a rate per annum equal to the Past Due Rateinterest rate applicable to the Loan upon an Event of Default. Guarantor's ’s obligations and liabilities under this SECTION Section 10 shall survive any payment or discharge in full of the Guaranteed Obligations. All such fees, costs and expenses incurred by Agent shall constitute a portion of the Guaranteed Obligations hereunder, shall be subject to the provisions hereof with respect to the Guaranteed Obligations, and shall be payable by Guarantor on demand by Agent.

Appears in 1 contract

Samples: Guaranty Agreement (Ares Commercial Real Estate Corp)

Attorneys’ Fees and Costs of Collection. Guarantor shall pay on demand all attorneys' fees and all other costs and expenses incurred by Administrative Agent, on behalf of the other Lenders, Agent and/or Lenders in the enforcement of or preservation of Administrative Agent's and/or 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 hereon, 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 Administrative Agent and/or Lenders under this SECTION 10 Section 11 that are not paid within ten (10) days after the same became when due, at a rate per annum equal to the Past Due Rateinterest rate provided for in the Note. Guarantor's obligations and liabilities under this SECTION 10 Section 11 shall survive any payment or discharge in full of the Guaranteed Obligations.

Appears in 1 contract

Samples: Loan Agreement (Acadia Realty Trust)

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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 Administrative Agent, on behalf of the other Lenders, in the enforcement of or preservation of 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 hereon, 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 Administrative Agent under this SECTION Section 10 that are not paid within ten (10) days after the same became due, at a rate per annum equal to the Past Due Rate. Guarantor's ’s obligations and liabilities under this SECTION Section 10 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)

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