Common use of ATTORNEYS FEES, COSTS AND CHARGES Clause in Contracts

ATTORNEYS FEES, COSTS AND CHARGES. (a) On demand, Borrower shall reimburse Lender for all costs and expenses, including, without limitation, reasonable attorneys’ fees costs and disbursements (and fees and disbursements of Lender’s in-house counsel) (collectively the “Fees and Costs”) expended or incurred by Lender in any way in connection with: (i) the enforcement of this Agreement or any other Loan Documents and the rights and remedies thereunder, including, without limitation, Fees and Costs incurred in connection with any workout, attempted workout, and/or in connection with the rendering of legal advice as to Lender’s rights, remedies and obligations under this Agreement in connection with such enforcement or workout; (ii) collecting any sum which is or becomes due to Lender; (iii) any proceeding, or any appeal; or (iv) the exercise of the power of attorney granted to Lender in this Agreement. Fees and Costs shall include, without limitation, all out-of-pocket fees and costs incurred by Lender in connection with the appraisal, inspection, due diligence, assessment, evaluation and insuring of the Collateral, and all fees and costs incurred by Lender in connection with the negotiation and preparation of this Agreement and the Loan Documents, including reasonable attorneys’ fees. If litigation or other legal action is filed or commenced in connection with this Agreement or any of the other Loan Documents the prevailing party shall be entitled to its Fees and Costs. Fees and Costs shall include, without limitation, attorneys fees and costs incurred in connection with the following: (1) contempt proceedings; (2) discovery; (3) any motion, adversary proceeding, contested matter, submission or confirmation or opposition to plan of reorganization or any other activity of any kind in connection with a bankruptcy case or relating to any petition or the filing thereof under Title 11 of the United States Code; (4) garnishment, levy, and debtor and third party examinations; and (5) post judgment motions and proceedings of any kind taken to clarify, collect or enforce any judgment or award. (b) All Fees and Costs to which Lender may be entitled pursuant to this Agreement may be charged by Lender to Borrower’s Loan Account and shall thereafter bear interest at the rate specified in this Agreement.

ATTORNEYS FEES, COSTS AND CHARGES. (a) On demand, Borrower shall reimburse Lender for all costs and expenses, including, without limitation, reasonable attorneys’ fees costs and disbursements (and fees and disbursements of LenderLxxxxx’s in-house counsel) (collectively the “Fees and Costs”) expended or incurred by Lender in any way in connection with: (i) the enforcement of this Agreement or any other Loan Other Documents and the rights and remedies thereunder, including, without limitation, Fees and Costs incurred in connection with any workout, attempted workout, and/or in connection with the rendering of legal advice as to LenderLxxxxx’s rights, remedies and obligations under this Agreement in connection with such enforcement or workout; (ii) collecting any sum which is or becomes due to Lender; (iii) any proceeding, or any appealappeal ; or (iv) the exercise of the power of attorney granted to Lender in this Agreement. Fees and Costs shall include, without limitation, all out-of-pocket fees and costs incurred by Lender in connection with the appraisal, inspection, due diligence, assessment, evaluation and insuring of the Collateral, and all fees and costs incurred by Lender in connection with the negotiation and preparation of the this Agreement and the Loan Other Documents, including reasonable attorneys’ fees. If litigation or other legal action is filed or commenced in connection with this Agreement or any of the other Loan Other Documents the prevailing party shall be entitled to its Fees and Costs. Fees and Costs shall include, without limitation, attorneys fees and costs incurred in connection with the following: (1) contempt proceedings; (2) discovery; (3) any motion, adversary proceeding, contested matter, submission or confirmation or opposition to plan of reorganization or any other activity of any kind in connection with a bankruptcy case or relating to any petition or the filing thereof under Title 11 of the United States Code; (4) garnishment, levy, and debtor and third party examinations; and (5) post judgment motions and proceedings of any kind taken to clarify, collect or enforce any judgment or award. (ba) All Fees and Costs to which Lender may be entitled pursuant to this Agreement may be charged by Lender Lxxxxx to Borrower’s Loan Account and shall thereafter bear interest at the rate Contract Rate specified in this Agreement.

ATTORNEYS FEES, COSTS AND CHARGES. (a) On demand, Borrower shall reimburse Lender for all costs and expenses, including, without limitation, reasonable attorneys’ fees costs and disbursements (and the allocable fees and disbursements costs of Lender’s in-house counsel) , if applicable (collectively the “Fees and Costs”) expended or incurred by Lender in any way in connection with: (i) all fees and costs incurred by Lender in connection with the negotiation and preparation of this Agreement and the Loan Documents; (ii) the enforcement of this Agreement or any other Loan Documents and the rights and remedies thereunder, including, without limitation, Fees and Costs incurred in connection with any workout, attempted workout, and/or in connection with the rendering of legal advice as to LenderXxxxxx’s rights, remedies 35 and obligations under this Agreement in connection with such enforcement or workout; (iiiii) collecting any sum which is or becomes due to Lender; (iiiiv) any proceeding, or any appeal; or (ivv) the exercise of the power of attorney granted to Lender in this Agreement. Fees and Costs shall include, without limitation, all documented, out-of-pocket fees and costs incurred by Lender in accordance with this Agreement and the Loan Documents in connection with the appraisal, inspection, due diligence, assessment, evaluation and insuring of the Collateral, and all fees and costs incurred by Lender in connection with the negotiation and preparation of this Agreement and the Loan Documents, including reasonable attorneys’ fees. If litigation or other legal action is filed or commenced in connection with this Agreement or any of the other Loan Documents the prevailing party shall be entitled to its Fees and Costs. Fees and Costs shall include, without limitation, attorneys reasonable attorneys’ fees and costs incurred in connection with the following: (1) contempt proceedings; (2) discovery; (3) any motion, adversary proceeding, contested matter, submission or confirmation or opposition to plan of reorganization or any other activity of any kind in connection with a bankruptcy case or relating to any petition or the filing thereof under Title 11 of the United States Code; (4) garnishment, levy, and debtor and third party examinations; and (5) post judgment motions and proceedings of any kind taken to clarify, collect or enforce any judgment or award. (b) All Fees and Costs to which Lender may be entitled pursuant to this Agreement shall be paid within ten (10) days of written demand by Xxxxxx. If not paid by Xxxxxxxx when due, then, at Xxxxxx’s election, and without further notice to borrower, such Fees and Costs may be charged by Lender to Borrower’s Loan Account and shall thereafter bear interest at the rate specified in this AgreementContract Rate.

ATTORNEYS FEES, COSTS AND CHARGES. (a) On demand, Borrower shall reimburse Lender for all costs and expenses, including, without limitation, reasonable attorneys’ fees costs and disbursements (and fees and disbursements of LenderLxxxxx’s in-house counsel) (collectively the “Fees and Costs”) expended or incurred by Lender in any way in connection with: (i) the enforcement of this Agreement or any other Loan Other Documents and the rights and remedies thereunderthereunder , including, without limitation, Fees and Costs incurred in connection with any workout, attempted workout, and/or in connection with the rendering of legal advice as to LenderLxxxxx’s rights, remedies and obligations under this Agreement in connection with such enforcement or workout; (ii) collecting any sum which is or becomes due to Lender; (iii) any proceeding, or any appeal; or (iv) the exercise of the power of attorney granted to Lender in this Agreement. Fees and Costs shall include, without limitation, all out-of-pocket fees and costs incurred by Lender in connection with the appraisal, inspection, due diligence, assessment, evaluation and insuring of the Collateral, and all fees and costs incurred by Lender in connection with the negotiation and preparation of the this Agreement and the Loan Other Documents, including reasonable attorneys’ fees. If litigation or other legal action is filed or commenced in connection with this Agreement or any of the other Loan Other Documents the prevailing party shall be entitled to its Fees and Costs. Fees and Costs shall include, without limitation, attorneys attorneys’ fees and costs incurred in connection with the following: (1) contempt proceedings; (2) discovery; (3) any motion, adversary proceeding, contested matter, submission or confirmation or opposition to plan of reorganization or any other activity of any kind in connection with a bankruptcy case or relating to any petition or the filing thereof under Title 11 of the United States Code; (4) garnishment, levy, and debtor and third party examinations; and (5) post judgment motions and proceedings of any kind taken to clarify, collect or enforce any judgment or award. (b) All Fees and Costs to which Lender may be entitled pursuant to this Agreement may be charged by Lender Lxxxxx to Borrower’s Loan Account and shall thereafter bear interest at the rate Contract Rate specified in this Agreement.

ATTORNEYS FEES, COSTS AND CHARGES. ‎ (a) On ‎On demand, Borrower shall reimburse Lender for all costs and expenses‎expenses, including, without limitation, reasonable attorneys’ ' fees costs and disbursements (and ‎‎(and fees and disbursements of Lender’s 's in-house counsel) (collectively the “"Fees and Costs”") expended ‎expended or incurred by Lender in any way in connection with: (i) the enforcement of this Agreement ‎Agreement or any other Loan Other Documents and the rights and remedies thereunder, including, without ‎without limitation, Fees and Costs incurred in connection with any workout, attempted workout‎workout, and/or in connection with the rendering of legal advice as to Lender’s Lxxxxx's rights, remedies and ‎and obligations under this Agreement in connection with such enforcement or workout; (ii) collecting any sum which is or becomes due to Lender; (iii) any proceeding, or any appeal; or (iv) the exercise of the power of attorney granted to Lender Lxxxxx in this Agreement. Fees and Costs shall ‎shall include, without limitation, all out-of-pocket fees and costs incurred by Lender in connection ‎connection with the appraisal, inspection, due diligence, assessment, evaluation and insuring of the Collateral‎Collateral, and all fees and costs incurred by Lender in connection with the negotiation and preparation ‎preparation of the this Agreement and the Loan Other Documents, including reasonable attorneys’ fees' ‎fees. If litigation or other legal action is filed or commenced in connection with this Agreement or ‎or any of the other Loan Other Documents the prevailing party shall be entitled to its Fees and Costs. Fees ‎Fees and Costs shall include, without limitation, attorneys attorneys' fees and costs incurred in connection ‎connection with the following: (1) contempt proceedings; (2) discovery; (3) any motion, adversary ‎adversary proceeding, contested matter, submission or confirmation or opposition to plan of reorganization ‎reorganization or any other activity of any kind in connection with a bankruptcy case or relating ‎relating to any petition or the filing thereof under Title 11 of the United States Code; (4) garnishment‎garnishment, levy, and debtor and third party examinations; and (5) post judgment motions and ‎and proceedings of any kind taken to clarify, collect or enforce any judgment or award.award.‎ (b) All ‎All Fees and Costs to which Lender may be entitled pursuant to this Agreement ‎Agreement may be charged by Lender Lxxxxx to Borrower’s 's Loan Account and shall thereafter bear interest ‎interest at the rate Note Rate specified in this Agreement.the Note.‎