Costs and Expense. The Servicer agrees to pay all reasonable costs and disbursements in connection with the perfection and the maintenance of perfection, as against all third parties, of the Trustee's right, title and interest in and to the Trust Estate.
Costs and Expense. Each Borrower hereby reconfirms its obligations pursuant to Section 11.04(a) of the Credit Agreement to pay and reimburse the Administrative Agent for all reasonable costs and expenses (including, without limitation, reasonable fees of counsel) incurred in connection with the negotiation, preparation, execution and delivery of this Amendment and all other documents and instruments delivered in connection herewith.
Costs and Expense. The Borrower shall:
(a) whether or not the transactions contemplated hereby are consummated, pay or reimburse any Agent-Related Person(s), promptly upon demand by such Person, for all reasonable and reasonably documented out-of-pocket fees, costs and expenses (including Attorney Costs) incurred by or charged to any such Person in connection with the preparation, execution, delivery, negotiation and syndication of the Financing Documents,
(b) pay or reimburse any Agent, promptly upon demand by such Agent, for all reasonable and reasonably documented out-of-pocket fees, costs and expenses (including reasonable Attorney Costs) incurred by or charged to any such Agent in connection with the modification, administration, waiver or amendment (in each case, whether or not consummated) of the Financing Documents (including in connection with any potential restructuring, renegotiations or workouts), and
(c) pay or reimburse each Agent-Related Person and each Lender, promptly upon demand by any such Person, for all reasonably documented out-of-pocket fees, costs and expenses (including Attorney Costs) incurred by them in connection with: (i) the enforcement or preservation of any rights or remedies under any Financing Document and (ii) the protection or preservation of any right or claim of any such Person against the Credit Parties or any of their Affiliates arising out of any Financing Document.
Costs and Expense. Each party shall bear its own costs incurred under or in connection with this Agreement. Nothing in this Agreement shall be construed as an obligation by either party to enter into a contract, subcontract, or other business relationship with or grant additional rights to the other party.
Costs and Expense. Property Manager shall obtain the computer hardware and software necessary to comply with the Owner's specifications, and shall update such equipment from time to time as may be required by Owner in order for Property Manager to comply with Owner's amended specifications. Property Manager shall pay the reasonable cost for the training in addition to servicing such accounting system and installing reasonable upgrades as advised by Owner.
Costs and Expense. Except as otherwise provided herein, Licensee shall be solely responsible for all of its costs incurred by or associated with the Approved Use.
Costs and Expense. Each Party shall bear its own costs and expenses in connection with the negotiation, preparation, execution and completion of the Agreement.
Costs and Expense. Guarantor agrees to pay all reasonable attorneys’ fees and other costs and expenses which may be incurred by the Committee and/or the IRS in the enforcement of this Guaranty, including without limitation those incurred in connection with any case, action, proceeding, claim or otherwise under Chapters 7, 11 or 13 of the Bankruptcy Code or any successor statute or statutes thereto whether the same be commenced or filed by Hidden Splendor, Guarantor or any other person or entity.
Costs and Expense. (a) Each party will bear its own costs and expenses in connection with the negotiation, execution and delivery and administration of this Agreement and the other Financing Agreements and any related bankruptcy proceedings.
(b) The Borrower agrees to pay on demand all costs and expenses of the Exit Loan Agent and the Lenders in connection with the enforcement of the Financing Agreements, whether in any action, suit or litigation, or any bankruptcy, insolvency or other similar proceeding affecting creditors’ rights generally (including, without limitation, the fees and expenses of counsel for the Exit Loan Agent and one set of counsel for the Lenders with respect thereto).
(c) The Borrower agrees to indemnify, defend and save and hold harmless each Exit Loan Agent, each Lender and each of their Affiliates and their respective Related Parties (each, an “Indemnified Party”) from and against, and shall pay on demand, any and all claims, damages, losses, liabilities and expenses (including, without limitation, reasonable fees and expenses of counsel) that may be incurred by or asserted or awarded against any Indemnified Party, in each case arising out of or in connection with or by reason of (including, without limitation, in connection with any investigation, litigation or proceeding or preparation of a defense in connection therewith) (i) this Agreement, the actual or proposed use of the proceeds of the Advances, the other Financing Agreements or any of the transactions contemplated thereby or (ii) the actual or alleged presence of Hazardous Materials on any property of the Borrower or any of its Subsidiaries or any Environmental Action relating in any way to the Borrower or any of its Subsidiaries, except to the extent such claim, damage, loss, Case 15-40289-rfn11 Doc 2856-6 Filed 08/02/16 Entered 08/02/16 00:28:09 Page 54 of 63 liability or expense is found in a final, non-appealable judgment by a court of competent jurisdiction to have resulted from such Indemnified Party’s gross negligence, willful misconduct or bad faith. In the case of an investigation, litigation or other proceeding to which the indemnity in this Section 13.04(a) applies, such indemnity shall be effective whether or not such investigation, litigation or proceeding is brought by the Borrower, its directors, trustee, shareholders or creditors, any Indemnified Party or any other Person, whether or not any Indemnified Party is otherwise a party thereto and whether or not the transactions co...
Costs and Expense. Save to the extent that the same has been recovered pursuant to section 9.05 (Expenses; Indemnity) of the Credit Agreement, the Company shall, within three (3) Business Days of demand, pay to the Collateral Agent, any Receiver, attorney, manager, agent or other person appointed by the Collateral Agent under this Deed the amount of all costs and expenses (including legal fees) incurred by that Collateral Agent, Receiver, attorney, manager, agent or other person (as the case may be) in connection with (a) the perfection, preservation, enforcement or attempted enforcement, of the Security created by or contemplated by this Deed; and/or (b) the exercise of any rights under this Deed.
