Costs and Expenses, etc. The Administrative Agent shall have received for the account of each Lender, all fees, costs and expenses due and payable pursuant to Section 10.3 of the Reimbursement Agreement, if then invoiced.
Costs and Expenses, etc. The Administrative Agent shall have received for the account of each Lender, all fees, costs and expenses due and payable pursuant to Section 12.1 of the Credit Agreement, if then invoiced.
Costs and Expenses, etc. (a) The Borrower agrees to pay, upon demand and presentation to the Borrower of a statement of account, (i) all reasonable and documented third-party out-of-pocket costs and expenses of the Agent, including the reasonable and documented fees and expenses of counsel to the Agent, in connection with (A) the preparation, execution and delivery of this Agreement, the Notes and the other documents to be delivered hereunder, in an amount not to exceed an amount to be separately agreed by the Borrower and the Agent and (B) the administration, modification, amendment and waiver of any thereof and advising the Agent as to its rights and responsibilities under this Agreement and (ii) all reasonable and documented fees and expenses of the Independent Engineer and the Independent Market Consultant. The Borrower further agrees to pay, upon demand and presentation to the Borrower of a statement of account, all reasonable and documented third-party out-of-pocket costs and expenses of the Agent and the Lenders, if any (including, without limitation, reasonable fees and expenses of counsel), in connection with the enforcement (whether through negotiations, legal proceedings or otherwise) of this Agreement, the Notes and the other documents to be delivered hereunder, including, without limitation, reasonable fees and expenses of counsel for the Agent and the Lenders in connection with the enforcement of rights under this Section 8.04(a), provided, that the Borrower shall be required to pay the reasonable fees and expenses of only one counsel selected by the Indemnified Parties as contemplated by the proviso to Section 8.04(b)(iii).
(i) The Borrower agrees to indemnify each of the Lead Arranger, the Agent, the Lenders and any Person who may control the Lead Arranger, the Agent or any Lender and their respective officers, directors, employees and agents (each, an "Indemnified Party") from, and hold each of them harmless against, any and all losses, claims, damages and liabilities to which any Indemnified Party may become subject arising out of, or in connection with, the entering into of this Agreement, the issuance of the Notes and the actual or proposed use of the proceeds of the Advances and the consummation of any matter contemplated by this Agreement; provided that the foregoing indemnity, will not, as to any Indemnified Party, apply to losses, claims, damages or liabilities that arise from the gross negligence or willful misconduct of such Indemnified Party.
(ii) The Bo...
Costs and Expenses, etc. The Administrative Agent shall have received all fees, costs and expenses due and payable pursuant to Section 12.3 of the Existing Credit Agreement (including without limitation the fees and expenses of Xxxxxxx Xxxx & Xxxxxxxxx LLP, special New York restructuring counsel to the Administrative Agent), if then invoiced.
Costs and Expenses, etc. The Administrative Agent shall have received for its account and the account of each Lender all reasonable and documented fees, costs and expenses due and payable to them pursuant to Section 14.03 of the Credit Agreement (including the Administrative Agent’s and each Lender’s reasonable and documented legal fees and out-of-pocket expenses).
Costs and Expenses, etc. The Syndication Agent shall have received for the account of each Lender, all fees, costs and expenses due and payable pursuant to Sections 3.3 and 10.3 of the Credit Agreement, if then invoiced.
Costs and Expenses, etc. The Lender shall have received all fees, costs and expenses due and payable pursuant to Section 11.3 of the Credit Agreement (including without limitation the reasonable fees and expenses of Mxxxxxxx & Fxxxxxxx LLP, counsel to the Lender), if then invoiced, together with any other fees separately agreed to by the Borrower and the Lender.
Costs and Expenses, etc. The Agent shall have received all fees, costs and expenses due and payable pursuant to Section 14.03 of the Credit Agreement (including without limitation the reasonable fees and expenses of Xxxxxxxx & Xxxxxxxx LLP, counsel to the Administrative Agent, which have been invoiced prior to the Effective Date), together with any other fees separately agreed to by the Borrower and the Agent and the Lenders.
Costs and Expenses, etc of the Credit Agreement is incorporated herein, mutatis mutandis, as if a part hereof.
Costs and Expenses, etc. The Administrative Agent shall have received for the account of each Lender all fees, costs and expenses due and payable pursuant to Sections 3.3 and 11.3 of the Second Lien Credit Agreement, if then invoiced.
