Common use of Attorneys’ Fees and Lenders’ Expenses Clause in Contracts

Attorneys’ Fees and Lenders’ Expenses. If any Lender shall in good faith employ counsel for advice or other representation or shall incur other costs and expenses in connection with entering into any future amendments or modifications to the Agreement; or if, following an Event of Default, such Lender shall in good faith employ counsel for advice or other representation or shall incur other costs and expenses in connection with (i) any litigation, contest, dispute, suit, proceeding or action (whether instituted by any Lender, any Borrower or any other Person) in any way relating to the Collateral, any of the Loan Documents or any other agreements executed or delivered in connection herewith, (ii) any attempt to enforce, or enforcement of, any rights of any Lender against any Borrower or any other Person, that may be obligated to any Lender by virtue of any of the Loan Documents, or (iii) any actual or attempted inspection, audit, monitoring, verification, protection, collection, sale, liquidation or other disposition of the Collateral; then, in any such event, the attorneys’ fees arising from such services and all expenses, costs, charges and other fees (including expert’s fees) incurred by any Lender in any way arising from or relating to any of the events or actions described in this Section shall be payable to such Lender by the Borrowers on demand by such Lender and until paid shall be part of the Obligations.

Appears in 3 contracts

Samples: Loan and Security Agreement (DT Credit Company, LLC), Loan and Security Agreement (DT Acceptance Corp), Loan and Security Agreement (DriveTime Automotive, Inc.)

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Attorneys’ Fees and Lenders’ Expenses. If any The Borrower, and/or the Guarantors to the extent not paid by the Borrower, shall reimburse the Lender shall in good faith employ counsel on demand for advice or other representation or shall incur other all out-of-pocket costs and expenses of the Lender (including but not limited to all attorneys fees, paralegal fees and legal expenses) incurred by the Lender in connection with entering into the drafting, negotiation, execution or enforcement of this Agreement or any future amendments or modifications to the Agreement; or other Loan Documents. Further, if, following an Event of Default, such Lender shall in good faith employ counsel for advice or other representation or shall incur other costs and expenses in connection with (iA) any litigation, contest, dispute, suit, proceeding or action (whether instituted by any Lender, any Borrower or any other Person) in any way relating to the Collateral, any of the Loan Documents or any other agreements executed or delivered in connection herewith, (iiB) any attempt to enforce, or enforcement of, any rights of any Lender against any Borrower or any other Person, including, without limitation, Contract Debtors, that may be obligated to any Lender by virtue of any of the Loan Documents, or (iiiC) any actual or attempted inspection, audit, monitoring, verification, protection, collection, sale, liquidation or other disposition of the Collateral; then, in any such event, the attorneys' fees arising from such services and all expenses, costs, charges and other fees (including expert’s 's fees) incurred by any Lender in any way arising from or relating to any of the events or actions described in this Section shall be payable to such Lender by the Borrowers Borrower on demand by such Lender and until paid shall be part of the ObligationsLoan. All obligations provided for in this Section shall survive termination of this Agreement.

Appears in 1 contract

Samples: Registration Rights Agreement (General Acceptance Corp /In/)

Attorneys’ Fees and Lenders’ Expenses. If any Lender shall in good faith employ counsel for advice or other representation or shall incur other out-of-pocket costs and expenses in connection with entering into any future amendments or modifications to the Agreement; or if, following an Event of Default, such Lender shall in good faith employ counsel for advice or other representation or shall incur other out-of-pocket costs and expenses in connection with (ia) any litigation, contest, dispute, suit, proceeding or action (whether instituted by any Lender, any Borrower or any other Person) in any way relating to the Collateral, any of the Loan Documents or any other agreements executed or delivered in connection herewith, (iib) any attempt to enforce, or enforcement of, any rights of any Lender against any Borrower or any other Person, that may be obligated to any Lender by virtue of any of the Loan Documents, or (iiic) any actual or attempted inspection, audit, monitoring, verification, protection, collectionforeclosure, sale, liquidation or other disposition of the Collateral; then, in any such event, the attorneys' fees arising from such services and all out-of-pocket expenses, costs, charges and other fees (including expert’s 's fees) incurred by any Lender in any way arising from or relating to any of the events or actions described in this Section shall be payable to such Lender by the Borrowers Borrower on demand by such Lender and until paid shall be part of the Obligations.

Appears in 1 contract

Samples: And Security Agreement (DT Acceptance Corp)

Attorneys’ Fees and Lenders’ Expenses. If any Lender shall in good faith employ counsel for advice or other representation or shall incur other out-of-pocket costs and expenses in connection with entering into any future amendments or modifications to the Agreement; or if, following an Event of Default, such Lender shall in good faith employ counsel for advice or other representation or shall incur other out-of-pocket costs and expenses in connection with (i) any litigation, contest, dispute, suit, proceeding or action (whether instituted by any Lender, any Borrower or any other Person) in any way relating to the Collateral, any of the Loan Documents or any other agreements executed or delivered in connection herewith, (ii) any attempt to enforce, or enforcement of, any rights of any Lender against any Borrower or any other Person, that may be obligated to any Lender by virtue of any of the Loan Documents, or (iii) any actual or attempted inspection, audit, monitoring, verification, protection, collection, sale, liquidation or other disposition of the Collateral; then, in any such event, the attorneys’ fees arising from such services and all out-of-pocket expenses, costs, charges and other fees (including expert’s fees) incurred by any Lender in any way arising from or relating to any of the events or actions described in this Section shall be payable to such Lender by the Borrowers on demand by such Lender and until paid shall be part of the Obligations.

Appears in 1 contract

Samples: Loan and Security Agreement (DT Acceptance Corp)

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Attorneys’ Fees and Lenders’ Expenses. If any Lender shall in good faith employ counsel for advice or other representation or shall incur other costs and expenses in connection with entering into any future amendments or modifications to the Agreement; or if, following an Event of Default, such Lender shall in good faith employ counsel for advice or other representation or shall incur other costs and expenses in connection with (i) any litigation, contest, dispute, suit, proceeding or action (whether instituted by any Lender, any Borrower or any other Person) in any way relating to the Collateral, any of the Loan Documents or any other agreements executed or delivered in connection herewith, (ii) any attempt to enforce, or enforcement of, any rights of any Lender against any Borrower or any other Person, that may be obligated to any Lender by virtue of any of the Loan Documents, or (iii) any actual or attempted inspection, audit, monitoring, verification, protection, collection, sale, liquidation or other disposition of the Collateral; then, in any such event, the attorneys' fees arising from such services and all expenses, costs, charges and other fees (including expert’s 's fees) incurred by any Lender in any way arising from or relating to any of the events or actions described in this Section shall be payable to such Lender by the Borrowers Borrower on demand by such Lender and until paid shall be part of the ObligationsIndebtedness.

Appears in 1 contract

Samples: Loan and Security Agreement (Ugly Duckling Corp)

Attorneys’ Fees and Lenders’ Expenses. If any Lender shall in good faith employ counsel for advice or other representation or shall incur other costs and expenses in connection with entering into any future amendments or modifications to the Agreement after the execution of Amendment No. 6 to the Amended and Restated Motor Vehicle Installment Contract Loan and Security Agreement; or ifIf, following an Event of Default, such Lender shall in good faith employ counsel for advice or other representation or shall incur other costs and expenses in connection with (iA) any litigation, contest, dispute, suit, proceeding or action (whether instituted by any Lender, any Borrower or any other Person) in any way relating to the Collateral, any of the Loan Documents or any other agreements executed or delivered in connection herewith, (iiB) any attempt to enforce, or enforcement of, any rights of any Lender against any Borrower or any other Person, including, without limitation, Contract Debtors, that may be obligated to any Lender by virtue of any of the Loan Documents, or (iiiC) any actual or attempted inspection, audit, monitoring, verification, protection, collection, sale, liquidation or other disposition of the Collateral; then, in any such event, the attorneys' fees arising from such services and all expenses, costs, charges and other fees (including expert’s 's fees) incurred by any Lender in any way arising from or relating to any of the events or actions described in this Section shall be payable to such Lender by the Borrowers Borrower on demand by such Lender and until paid shall be part of the ObligationsLoan.

Appears in 1 contract

Samples: Security Agreement (Ugly Duckling Corp)

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