Common use of Costs; Expenses; Indemnities Clause in Contracts

Costs; Expenses; Indemnities. (a) The Borrower agrees to pay on demand (i) the reasonable costs and expenses of the Agent in connection with the preparation, execution, delivery, administration, modification and amendment of this Agreement, each of the other Loan Documents and each of the other documents to be delivered hereunder and thereunder, including, without limitation, (A) all due diligence, collateral review, syndication, transportation, computer, duplication, appraisal, audit, insurance, consultant, search, filing and recording fees and expenses and (B) the reasonable fees and out-of-pocket expenses of counsel to the Agent with respect thereto and with respect to advising the Agent as to its rights and responsibilities or the perfection, protection or preservation of rights or interests under this Agreement and the other Loan Documents with respect to negotiations with any Loan Party or with other creditors of any Loan Party or any of its Subsidiaries arising out of any Default or Event of Default or any events or circumstances that may give rise thereto and with respect to presenting claims in or otherwise participating in or monitoring any bankruptcy, insolvency or other similar proceeding involving creditors rights generally and any proceeding ancillary thereto, (ii) the per diem cost of any audit or collateral evaluation (of not more than $500 per day) of the Agent and (iii) the reasonable costs and expenses of the Lender Parties (including, without limitation, reasonable counsel fees and expenses) in connection with the enforcement (whether through negotiation, legal proceedings or otherwise) of this Agreement, the other Loan Documents and the other documents to be delivered hereunder or thereunder.

Costs; Expenses; Indemnities. (a) The Borrower agrees to pay on demand (i) the reasonable all costs and expenses of the Agent Administrative Agent, the Lenders, the Issuing Bank and their respective Affiliates in connection with the preparation, execution, delivery, administration, syndication, modification and amendment of this Agreement, each of the other Loan Documents (including, if applicable, Security Documents) and each of the other documents (including documents delivered pursuant to Section 3.4 or Section 7.23) to be delivered hereunder and thereunder, including, without limitation, (A) all due diligence, collateral review, syndication, transportation, computer, duplication, appraisal, audit, insurance, consultant, search, filing and recording fees and expenses and (B) the reasonable fees and out-of-pocket expenses of counsel to counsel, accountants, appraisers, consultants or industry experts retained by the Administrative Agent or any of the Lenders with respect thereto and with respect to advising the Agent as to its their rights and responsibilities or the perfection, protection or preservation of rights or interests under this Agreement and the other Loan Documents with respect to negotiations with any Loan Party or with other creditors of any Loan Party or any of its Subsidiaries arising out of any Default or Event of Default or any events or circumstances that may give rise thereto and with respect to presenting claims in or otherwise participating in or monitoring any bankruptcy, insolvency or other similar proceeding involving creditors rights generally and any proceeding ancillary theretoDocuments, (ii) the per diem cost of any audit or collateral evaluation (of not more than $500 per day) of the Agent and (iii) the reasonable all costs and expenses of the Lender Parties Administrative Agent, the Issuing Bank or any of the Lenders (including, without limitation, reasonable counsel the fees and expensesout-of-pocket expenses of counsel, accountants, appraisers, consultants or industry experts retained by the Administrative Agent, the Issuing Bank or any Lender) in connection with the restructuring or enforcement (whether through negotiation, legal proceedings or otherwise) of this Agreement, Agreement and the other Loan Documents and (iii) with respect to each Limited Guaranty (if any) hereafter executed and delivered to the other documents Administrative Agent and accepted by the Lenders, an administrative fee (for the account of the Lenders) in the amount of $5,000.00. In the event of any court proceedings, court costs and attorneys' fees shall be set by the court and not by jury and shall be included in any judgment obtained by the Administrative Agent, the Issuing Bank or any Lender. Notwithstanding the foregoing, the Borrower's liability to pay the fees and out-of-pocket expenses of counsel to the Lenders in connection with the preparation, execution and delivery of the Loan Documents shall be limited to payment of a sum not to exceed $42,500.00, but such limitation shall not apply to any Loan Documents prepared, executed or delivered hereunder after the Closing Date or thereunderto the fees and expenses of Quarxxx & Xradx.

Costs; Expenses; Indemnities. (a) The Borrower agrees Borrowers jointly and severally agree to pay on demand (i) the reasonable all costs and expenses of the Agent and, with respect to clause (iii) hereof, BofA as Co-Agent in connection with the preparation, negotiation, execution, delivery, administration, modification and amendment of this Agreement, each of the other Loan Documents Ancillary Agreements and each of the other documents to be delivered hereunder and thereunder, including, without limitation, (A) all due diligence, collateral review, syndication, transportation, computer, duplication, appraisal, audit, insurance, consultant, search, filing and recording fees and expenses and (Bi) the reasonable fees and out-of-pocket expenses of counsel to the Agent Agent, with respect thereto and with respect to advising the Agent as to its rights and responsibilities or the perfection, protection or preservation of rights or interests under this Agreement and the other Loan Documents with respect to negotiations with any Loan Party or with other creditors of any Loan Party or any of its Subsidiaries arising out of any Default or Event of Default or any events or circumstances that may give rise thereto and with respect to presenting claims in or otherwise participating in or monitoring any bankruptcy, insolvency or other similar proceeding involving creditors rights generally and any proceeding ancillary theretoAncillary Agreements, (ii) the per diem cost of any syndication, appraisal and environmental assessment, audit or collateral evaluation and other processionals' (of not more than $500 per day) which professionals may be employees of the Agent Agent) costs and expenses, (iii) Borrowing Base audit costs and expenses, including, without limitation, the reasonable fees and out-of-pocket expenses of counsel and the allocated cost of in-house counsel incurred in connection therewith, and (iv) all costs and expenses of the Lender Parties Banks (including, without limitation, reasonable counsel fees fees, disbursements and expenses) expenses and the allocated costs of in-house counsel), in connection with the enforcement (whether through negotiationnegotiations, legal proceedings or otherwise) of this Agreement, the other Loan Documents Ancillary Agreements and the other documents to be delivered hereunder or and thereunder.

Costs; Expenses; Indemnities. (a) The Borrower agrees Borrowers agree to pay on demand (i) the reasonable costs and expenses of the Agent in connection with the preparation, execution, delivery, administration, modification and amendment of this Agreement, each of the other Loan Documents and each of the other documents to be delivered hereunder and thereunder, including, without limitation, (A) all due diligence, collateral review, syndication, transportation, computer, duplication, appraisal, audit, insurance, consultant, search, filing and recording fees and expenses and (B) the reasonable fees and out-of-pocket expenses of counsel to the Agent with respect thereto and with respect to advising the Agent as to its rights and responsibilities or the perfection, protection or preservation of rights or interests under this Agreement and the other Loan Documents with respect to negotiations with any Loan Party Borrower or with other creditors of any Loan Party Borrower or any of its Subsidiaries arising out of any Default or Event of Default or any events or circumstances that may give rise thereto and with respect to presenting claims in or otherwise participating in or any review of pleadings and documents related to the Cases, attendance at meetings related to the Cases, general monitoring any bankruptcy, insolvency or other similar proceeding involving creditors rights generally of the Cases and any proceeding ancillary theretosubsequent Chapter 7 case, (ii) the per diem cost of any audit or collateral evaluation (of not more than $500 1000 per day) of the Agent and (iii) the reasonable costs and expenses of the Lender Parties (including, without limitation, reasonable counsel fees and expenses) in connection with the enforcement (whether through negotiation, legal proceedings or otherwise) of this Agreement, the other Loan Documents and the other documents to be delivered hereunder or thereunder.

Costs; Expenses; Indemnities. (a) The Borrower agrees to pay on demand (i) the reasonable costs and expenses of the Agent in connection with the preparation, execution, delivery, administration, modification and amendment of this Agreement, each of the other Loan Documents and each of the other documents to be delivered hereunder and thereunder, including, without limitation, (A) all due diligence, collateral review, syndication, transportation, computer, duplication, appraisal, audit, insurance, consultant, search, filing and recording fees and expenses and (B) the reasonable fees and out-of-pocket expenses of counsel to the Agent with respect thereto and with respect to advising the Agent as to its rights and responsibilities or the perfection, protection or preservation of rights or interests under this Agreement and the other Loan Documents with respect to negotiations with any Loan Party or with other creditors of any Loan Party or any of its Subsidiaries arising out of any Default or Event of Default or any events or circumstances that may give rise thereto and with respect to presenting claims in or otherwise participating in or monitoring any bankruptcy, insolvency or other similar proceeding involving creditors rights generally and any proceeding ancillary thereto, (ii) the per diem cost of any audit or collateral evaluation (of not more than $500 1000 per day) of the Agent and (iii) the reasonable costs and expenses of the Lender Parties (including, without limitation, reasonable counsel fees and expenses) in connection with the enforcement (whether through negotiation, legal proceedings or otherwise) of this Agreement, the other Loan Documents and the other documents to be delivered hereunder or thereunder.