Common use of Costs of Defending and Upholding the Lien Clause in Contracts

Costs of Defending and Upholding the Lien. The Administrative Agent may, upon at least five days' prior notice to the Borrowers, (i) appear in and defend any action or proceeding, in the name and on behalf of the Administrative Agent or the Lenders in which the Administrative Agent or any Lender is named or which the Administrative Agent in its sole discretion determines is reasonably likely to materially adversely affect the Mortgaged Property, any other Collateral, any Collateral Document, the Lien thereof or any other Loan Document and (ii) institute any action or proceeding which the Administrative Agent reasonably determines should be instituted to protect the interest or rights of the Administrative Agent and the Lenders in the Mortgaged Property or other Collateral or under any Loan Document. The Borrowers agree that all reasonable costs and expenses expended or otherwise incurred pursuant to this subsection (including reasonable attorneys' fees and disbursements) by the Administrative Agent shall be paid by the Borrowers or reimbursed to the Administrative Agent, as the case may be, promptly after demand.

Costs of Defending and Upholding the Lien. The Administrative Agent or the Collateral Agent may, upon at least five days' ’ prior notice to the BorrowersBorrower, (i) appear in and defend any action or proceeding, in the name and on behalf of the Administrative Agent, the Collateral Agent or the Lenders in which the Administrative Agent, the Collateral Agent or any Lender is named or which the Administrative Agent in its sole discretion determines is reasonably likely to materially adversely affect the Mortgaged Property, any other Collateral, any Collateral Document, the Lien thereof or any other Loan Document and (ii) institute any action or proceeding which the Administrative Agent or the Collateral Agent reasonably determines should be instituted to protect the interest or rights of the Administrative Collateral Agent and the Lenders in the Mortgaged Property or other any Collateral or under any Loan Document. The Borrowers agree Borrower agrees that all reasonable costs and expenses expended or otherwise incurred pursuant to this subsection (including reasonable attorneys' ’ fees and disbursements) by the Administrative Agent or the Collateral Agent shall be paid by the Borrowers Borrower or reimbursed to the Administrative Agent or the Collateral Agent, as the case may be, promptly after demand.

Costs of Defending and Upholding the Lien. The Administrative Agent may, upon at least five days' prior notice to the Borrowers, (i) appear in and defend any action or proceeding, in the name and on behalf of the Administrative Agent any Agent, Lenders or the Lenders any Borrower, in which the Administrative any Agent or any Lender is named or which the Administrative Agent in its sole discretion determines is reasonably likely to materially adversely affect the any Mortgaged Property, any other Collateral, any Collateral DocumentMortgage, the Lien thereof or any other Loan Credit Document and (ii) institute any action or proceeding which the Administrative Agent reasonably determines should be instituted to protect the interest or rights of the Administrative Agent Agents and the Lenders in the any Mortgaged Property or other Collateral or under this Agreement or any Loan other Credit Document. The Borrowers Borrowers, jointly and severally, agree that all reasonable costs and expenses expended or otherwise incurred pursuant to this subsection (including reasonable attorneys' fees and disbursements) by the Administrative Agent shall be paid by the Borrowers or reimbursed pursuant to the Administrative Agent, as the case may be, promptly after demandsubsection 10.2 hereof.

Costs of Defending and Upholding the Lien. The Administrative Agent may, upon at least five days' ’ prior notice to the BorrowersBorrower, (i) appear in and defend any action or proceeding, in the name and on behalf of the Administrative Agent or the Lenders Lenders, in which the Administrative Agent or any Lender is named or which the Administrative Agent in its sole discretion determines is reasonably likely to materially adversely affect the Mortgaged Property, any other Collateral, any Collateral Document, the Lien thereof or any other Loan Document and (ii) institute any action or proceeding which the Administrative Agent reasonably determines should be instituted to protect the interest or rights of the Administrative Agent and the Lenders in the Mortgaged Property or other Collateral or under this Agreement, the Collateral Documents or any other Loan Document. The Borrowers agree Borrower agrees that all reasonable costs and expenses expended or otherwise incurred pursuant to this subsection (including reasonable attorneys' ’ fees and disbursements) by the Administrative Agent shall be paid by the Borrowers Borrower or reimbursed by the Borrower to the Administrative Agent, as the case may be, Agent promptly after demand.

Costs of Defending and Upholding the Lien. The Administrative Agent may, upon at least five days' ’ prior notice to the Borrowers, (i) appear in and defend any action or proceeding, in the name and on behalf of the Administrative Agent or the Lenders in which the Administrative Agent or any Lender is named or which the Administrative Agent in its sole discretion determines is reasonably likely to materially adversely affect the Mortgaged Property, any other Collateral, any Collateral Document, the Lien thereof or any other Loan Document and (ii) institute any action or proceeding which the Administrative Agent reasonably determines should be instituted to protect the interest or rights of the Administrative Agent and the Lenders in the Mortgaged Property or other Collateral or under any Loan Document. The Borrowers agree that all reasonable costs and expenses expended or otherwise incurred pursuant to this subsection (including reasonable attorneys' ’ fees and disbursements) by the Administrative Agent shall be paid by the Borrowers or reimbursed to the Administrative Agent, as the case may be, promptly after demand.

Costs of Defending and Upholding the Lien. The Administrative Agent may, upon at least five days' prior notice to the Borrowers, (i) appear in and defend any action or proceeding, in the name and on behalf of the Administrative Agent any Agent, Lenders or the Lenders any Borrower, in which the Administrative any Agent or any Lender is named or which the Administrative Agent in its sole discretion determines is reasonably likely to materially adversely affect the any Mortgaged Property, any other Collateral, any Collateral DocumentMortgage, the Lien thereof or any other Loan Document and (ii) institute any action or proceeding which the Administrative Agent reasonably determines should be instituted to protect the interest or rights of the Administrative Agent Agents and the Lenders in the any Mortgaged Property or other Collateral or under this Agreement or any other Loan Document. The Borrowers Borrowers, jointly and severally, agree that all reasonable costs and expenses expended or otherwise incurred pursuant to this subsection (including reasonable attorneys' fees and disbursements) by the Administrative Agent shall be paid by the Borrowers or reimbursed pursuant to the Administrative Agent, as the case may be, promptly after demandsubsection 9.2 hereof.

Costs of Defending and Upholding the Lien. The Administrative Agent may, upon at least five days' prior notice to the BorrowersBorrower, (i) appear in and defend any action or proceeding, in the name and on behalf of the Administrative Agent or the Lenders in which the Administrative Agent or any Lender is named or which the Administrative Agent in its sole discretion determines is reasonably likely to materially adversely affect the Mortgaged Property, any other Collateral, any Collateral Document, the Lien thereof or any other Loan Document and (ii) institute any action or proceeding which the Administrative Agent reasonably determines should be instituted to protect the interest or rights of the Administrative Agent and the Lenders in the Mortgaged Property or other Collateral or under this Agreement or any other Loan Document. The Borrowers agree that all reasonable costs and expenses expended or otherwise incurred pursuant to this subsection (including reasonable attorneys' fees and disbursements) by the Administrative Agent shall be paid by the Borrowers or reimbursed to the Administrative Agent, as the case may be, promptly after demand.

Costs of Defending and Upholding the Lien. The Administrative Agent may, upon at least five 5 days' prior notice to the Borrowers, (i) appear in and defend any action or proceeding, in the name and on behalf of the Administrative Agent Agent, Lenders or the Lenders any Borrower, in which the Administrative Agent or any Lender is named or which the Administrative Agent in its sole discretion determines is reasonably likely to materially adversely affect the any Mortgaged Property, any other Collateral, any Collateral DocumentMortgage, the Lien thereof or any other Loan Credit Document and (ii) institute any action or proceeding which the Administrative Agent reasonably determines should be instituted to protect the interest or rights of the Administrative Agent and the Lenders in the any Mortgaged Property or other Collateral or under this Agreement or any Loan other Credit Document. The Borrowers Borrowers, jointly and severally, agree that all reasonable costs and expenses expended or otherwise incurred pursuant to this subsection (including reasonable attorneys' fees and disbursements) by the Administrative Agent shall be paid by the Borrowers or reimbursed pursuant to the Administrative Agent, as the case may be, promptly after demandsubsection 10.2 hereof.

Costs of Defending and Upholding the Lien. The Administrative Agent may, upon at least five days' prior notice to the Borrowers, (i) appear in and defend any action or proceeding, in the name and on behalf of the Administrative Agent Agent, Lenders or the Lenders any Borrower, in which the Administrative Agent or any Lender is named or which the Administrative Agent in its sole discretion determines is reasonably likely to materially adversely affect the any Mortgaged Property, any other Collateral, 84 any Collateral DocumentMortgage, the Lien thereof or any other Loan Document and (ii) institute any action or proceeding which the Administrative Agent reasonably determines should be instituted to protect the interest or rights of the Administrative Agent and the Lenders in the any Mortgaged Property or other Collateral or under this Agreement or any other Loan Document. The Borrowers Borrowers, jointly and severally, agree that all reasonable costs and expenses expended or otherwise incurred pursuant to this subsection (including reasonable attorneys' fees and disbursements) by the Administrative Agent shall be paid by the Borrowers or reimbursed pursuant to the Administrative Agent, as the case may be, promptly after demandsubsection 9.2 hereof.

Costs of Defending and Upholding the Lien. The Administrative Agent may, upon at least five days' ’ prior notice to the Borrowers, (i) appear in and defend any action or proceeding, in the name and on behalf of the Administrative Agent or the Lenders in which the Administrative Agent or any Lender is named or which the Administrative Agent in its sole discretion determines is reasonably likely to materially adversely affect the Mortgaged Property, any other Collateral, any Collateral Document, the Lien thereof or any other Loan Document and (ii) institute any action or proceeding which the Administrative Agent reasonably determines should be instituted to protect the interest or rights of the Administrative Agent and the Lenders in the Mortgaged Property or other Collateral or under any Loan Document. The Borrowers agree that all reasonable costs and expenses expended or otherwise incurred pursuant to this subsection (including reasonable attorneys' ’ fees and disbursements) by the Administrative Agent shall be paid by the Borrowers or reimbursed to the Administrative Agent, as the case may be, promptly after demand.

Costs of Defending and Upholding the Lien. The Administrative Agent may, upon at least five days' ’ prior notice to the Borrowers, (i) appear in and defend any action or proceeding, in the name and on behalf of the Administrative Agent or the Lenders in which the Administrative Agent or any Lender is named or which the Administrative Agent in its sole discretion determines is reasonably likely to materially adversely affect the Mortgaged Property, any other Collateral, any Collateral Document, the Lien thereof or any other Loan Document and (ii) institute any action or proceeding which the Administrative Agent reasonably determines should be instituted to protect the interest or rights of the Administrative Agent and the Lenders in the Mortgaged Property or other Collateral or under this Agreement, the Collateral Documents or any other Loan Document. The Borrowers agree Each Borrower agrees that all reasonable costs and expenses expended or otherwise incurred pursuant to this subsection (including reasonable attorneys' ’ fees and disbursements) by the Administrative Agent shall be paid by the Borrowers each Borrower or reimbursed to the Administrative Agent, as the case may be, promptly after demand.

Costs of Defending and Upholding the Lien. The Administrative Agent may, upon at least five days' prior notice to the BorrowersBorrower, (i) appear in and defend any action or proceeding, in the name and on behalf of the Administrative Agent or the Lenders in which the Administrative Agent or any Lender is named or which the Administrative Agent in its sole discretion determines is reasonably likely to materially adversely affect the Mortgaged Property, any other Collateral, any Collateral Document, the Lien thereof or any other Loan Document and (ii) institute any action or proceeding which the Administrative Agent reasonably determines should be instituted to protect the interest or rights of the Administrative Agent and the Lenders 110 in the Mortgaged Property or other Collateral or under this Agreement or any other Loan Document. The Borrowers agree that all reasonable costs and expenses expended or otherwise incurred pursuant to this subsection (including reasonable attorneys' fees and disbursements) by the Administrative Agent shall be paid by the Borrowers or reimbursed to the Administrative Agent, as the case may be, promptly after demand.

Costs of Defending and Upholding the Lien. The Administrative Agent may, upon at least five days' ’ prior notice to the BorrowersBorrower, (i) appear in and defend any action or proceeding, in the name and on behalf of the Administrative Agent or the Lenders Term Loan Lenders, in which the Administrative Agent or any Term Loan Lender is named or which the Administrative Agent in its sole discretion determines is reasonably likely to materially adversely affect the Mortgaged Property, any other Collateral, any Collateral Document, the Lien thereof or any other Loan Document and (ii) institute any action or proceeding which the Administrative Agent reasonably determines should be instituted to protect the interest or rights of the Administrative Agent and the Term Loan Lenders in the Mortgaged Property or other Collateral or under this Agreement, the Collateral Documents or any other Loan Document. The Borrowers agree Borrower agrees that all reasonable costs and expenses expended or otherwise incurred pursuant to this subsection (including reasonable attorneys' ’ fees and disbursements) by the Administrative Agent shall be paid by the Borrowers Borrower or reimbursed by the Borrower to the Administrative Agent, as the case may be, Agent promptly after demand.

Costs of Defending and Upholding the Lien. The Administrative Agent may, upon at least five days' prior notice to the BorrowersBorrower, (i) appear in and defend any action or proceeding, in the name and on behalf of the Administrative Agent or the Lenders in which the Administrative Agent or any Lender is named or which the Administrative Agent in its sole discretion determines is reasonably likely to materially adversely affect the Mortgaged Property, any other Collateral, any Collateral Document, the Lien thereof or any other Loan Document and (ii) institute any action or proceeding which the Administrative Agent reasonably determines should be instituted to protect the interest or rights of the Administrative Agent and the Lenders in the Mortgaged Property or other Collateral or under this Agreement or any other Loan Document. The Borrowers agree Borrower agrees that all reasonable costs and expenses expended or otherwise incurred pursuant to this subsection (including reasonable attorneys' fees and disbursements) by the Administrative Agent shall be paid by the Borrowers Borrower or reimbursed to the Administrative AgentLender, as the case may be, promptly after demand.

Costs of Defending and Upholding the Lien. The Administrative Agent may, upon at least five days' prior notice to the Borrowers, (i) appear in and defend any action or proceeding, in the name and on behalf of the Administrative Agent or the Lenders in which the Administrative Agent or any Lender is named or which the Administrative Agent in its sole discretion determines is reasonably likely to materially adversely affect the Mortgaged Property, any other Collateral, any Collateral Document, the Lien thereof or any other Loan Document and (ii) institute any action or proceeding which the Administrative Agent reasonably determines should be instituted to protect the interest or rights of the Administrative Agent and the Lenders in the Mortgaged Property or other Collateral or under this Agreement, the Collateral Documents or any other Loan Document. The Borrowers agree Each Borrower agrees that all reasonable costs and expenses expended or otherwise incurred pursuant to this subsection (including reasonable attorneys' fees and disbursements) by the Administrative Agent shall be paid by the Borrowers each Borrower or reimbursed to the Administrative Agent, as the case may be, promptly after demand.

Costs of Defending and Upholding the Lien. The Administrative Agent may, upon at least five days' prior notice to the BorrowersBorrower, (i) appear in and defend any action or proceeding, in the name and on behalf of the Administrative Agent or the Lenders in which the Administrative Agent or any Lender is named or which the Administrative Agent in its sole discretion determines is reasonably likely to materially adversely affect the Mortgaged Property, any other Collateral, any Collateral Document, the Lien thereof or any other Loan Document and (ii) institute any action or proceeding which the Administrative Agent reasonably determines should be instituted to protect the interest or rights of the Administrative Agent and the Lenders in the Mortgaged Property or other Collateral or under this Agreement, the Collateral Documents or any other Loan Document. The Borrowers agree Borrower agrees that all reasonable costs and expenses expended or otherwise incurred pursuant to this subsection (including reasonable attorneys' fees and disbursements) by the Administrative Agent shall be paid by the Borrowers Borrower or reimbursed to the Administrative Agent, as the case may be, promptly after demand.