Common use of Defense of Actions Clause in Contracts

Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, or defend any action or proceeding purporting to affect the Loan, or the respective rights and obligations of Lender and Borrower pursuant to this Loan Agreement and the other Loan Documents. Lender may (but shall not be obligated to) pay all necessary expenses, including reasonable attorneys' fees and expenses incurred in connection with such proceedings or actions, which Borrower agrees to repay to Lender on demand.

Appears in 3 contracts

Samples: Loan Agreement (Red Trail Energy, LLC), Loan Agreement (Red Trail Energy, LLC), Loan Agreement (Red Trail Energy, LLC)

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Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, or defend any action or proceeding purporting to affect the Loan, the Premises, or the respective rights and obligations of Lender and Borrower pursuant to this Loan Agreement and the other Loan DocumentsAgreement. Lender may (but shall not be obligated to) pay all necessary and reasonable expenses, including reasonable attorneys' fees and expenses incurred in connection with such proceedings or actions, which Borrower agrees to repay to Lender on upon demand.

Appears in 3 contracts

Samples: Secured Construction Loan Agreement (Lakes Entertainment Inc), Secured Construction Loan Agreement (Campus Crest Communities, Inc.), Secured Construction Loan Agreement (Campus Crest Communities, Inc.)

Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, or defend any action or proceeding purporting to affect the Loan, Loan or the respective rights and obligations of Lender and Borrower pursuant to this Loan Agreement and the other Loan DocumentsAgreement. Lender may (but shall not be obligated to) pay all necessary expenses, including reasonable attorneys' fees and expenses incurred in connection with such proceedings or actions, which Borrower agrees to repay to Lender on demand.

Appears in 3 contracts

Samples: Loan Agreement (Plains Capital Corp), Loan Agreement (Plains Capital Corp), Subordinate Credit Agreement (Plains Capital Corp)

Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, or defend any action or proceeding purporting to affect the LoanCredit Facility, the Property, or the respective rights and obligations of Lender and Borrower pursuant to this Loan Agreement and the other Loan DocumentsAgreement. Lender may (but shall not be obligated to) pay all necessary expenses, including reasonable attorneys' fees and expenses incurred in connection with such proceedings or actions, which Borrower agrees to repay to Lender on demandLender.

Appears in 2 contracts

Samples: Master Construction Loan Agreement, Master Construction Loan Agreement (Wilson Holdings, Inc.)

Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, or defend any action or proceeding purporting to affect the Loan, the Property, or the respective rights and obligations of Lender and Borrower pursuant to this Loan Agreement and the other Loan DocumentsAgreement. Lender may (but shall not be obligated to) pay all necessary reasonable expenses, including reasonable attorneys' fees and expenses incurred in connection with such proceedings or actions, which Borrower Xxxxxxxx agrees to repay to Lender on upon demand.

Appears in 1 contract

Samples: Loan Agreement (Schlotzskys Inc)

Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, or defend any action or proceeding purporting to affect the Loan, the Property, or the respective rights and obligations of Lender and Borrower pursuant to this Loan Agreement and the other Loan DocumentsAgreement. Lender may (but shall not be obligated to) pay all necessary expenses, including reasonable attorneys' fees and expenses incurred in connection with such proceedings or to actions, which Borrower agrees to repay to Lender on upon demand.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)

Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, in or defend any action or proceeding purporting to affect the Loan, the Collateral or the respective rights and obligations of Lender and Borrower or any Loan Party pursuant to this Loan Agreement and the other Loan DocumentsAgreement. Lender may (but shall not be obligated to) pay all necessary expenses, including reasonable attorneys' attorneys fees and expenses incurred in connection with any such proceedings or actions, which Borrower agrees to repay to Lender on upon demand.

Appears in 1 contract

Samples: Commercial Loan Agreement (Moody National REIT I, Inc.)

Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, in or defend any action or proceeding purporting to affect the Loan, the Property or the respective rights and obligations of Lender and or Borrower pursuant to this Loan Agreement and the other Loan DocumentsAgreement. Lender may (but shall not be obligated to) pay all necessary expenses, including reasonable attorneys' fees and expenses incurred in connection with any such proceedings or actions, which Borrower agrees to repay to Lender on upon demand.

Appears in 1 contract

Samples: Construction Loan Agreement (Micropac Industries Inc)

Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, or defend any action or proceeding purporting related to affect this Agreement, the LoanLine of Credit, the other Loan Documents, or the respective rights and obligations of Lender and Borrower pursuant to this Loan Agreement and the other Loan DocumentsAgreement. Lender may (but shall not be obligated to) pay all necessary expenses, including reasonable attorneys' attorney’s fees and expenses incurred in connection with such proceedings or actions, which Borrower hereby agrees to repay to Lender on demandupon demand except for expenses resulting from the gross negligence or willful misconduct of Lender.

Appears in 1 contract

Samples: Revolving Line of Credit Agreement (AmREIT, Inc.)

Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, or defend any action or proceeding purporting to affect the Loan, the Mortgaged Properties or the respective rights and obligations of Lender and Borrower pursuant to this Loan Agreement and the other Loan DocumentsAgreement. Lender may (but shall not be obligated to) pay all necessary expenses, including reasonable attorneys' fees and expenses incurred in connection with such proceedings or actions, which Borrower agrees to repay to Lender on demandLender.

Appears in 1 contract

Samples: Loan Agreement (Lucas Energy, Inc.)

Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, or defend any action or proceeding purporting to affect the Loan, the Property, or the respective rights and obligations of Lender and Borrower pursuant to this Loan Agreement and the other Loan Documentsloan Agreement. Lender may (but shall not be obligated to) pay all necessary expenses, including reasonable attorneys' fees and expenses incurred in connection with such proceedings or actions, which Borrower agrees to repay to Lender on demand.

Appears in 1 contract

Samples: Assignment of Leases (Introgen Therapeutics Inc)

Defense of Actions. If Borrower fails timely to do so, Lender may (but shall not be obligated to) commence, appear in, or defend any action or proceeding purporting to affect the Loan, Units or the respective rights and obligations of Lender and Borrower pursuant to this Loan Agreement and the other Loan DocumentsAgreement. Lender may (but shall not be obligated to) pay all necessary expenses, including reasonable attorneys' fees and expenses incurred in connection with such proceedings or actions, which Borrower agrees to repay to Lender on upon demand.

Appears in 1 contract

Samples: Construction Loan Agreement (Newmark Homes Corp)

Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, or defend any action or proceeding purporting to affect the Loan, the Property, the Partnership Interests or the Partnership Properties, or the respective rights and obligations of Lender and Borrower pursuant to this Loan Agreement and the other Loan DocumentsAgreement. Lender may (but shall not be obligated to) pay all necessary expenses, including reasonable attorneys' fees and expenses incurred in connection with such proceedings or actions, which Borrower agrees to repay to Lender on upon demand.

Appears in 1 contract

Samples: Loan Agreement (Capital Senior Living Corp)

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Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, or defend any action or proceeding purporting to affect the Loan, the Property, or the respective rights and obligations of Lender and Borrower pursuant to this Loan Agreement and the other Loan DocumentsAgreement. Lender may (but shall not be obligated to) pay all necessary reasonable expenses, including reasonable attorneys' fees and expenses incurred in connection with such proceedings or actions, which Borrower agrees to repay to Lender on upon demand.

Appears in 1 contract

Samples: Construction Loan Agreement (Meritage Hospitality Group Inc /Mi/)

Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, or defend any action or proceeding purporting to affect the Loan, the Collateral, or the respective rights and obligations of Lender and Lender, Borrower pursuant to this Loan Agreement and the other Loan Documents. Lender may (but shall not be obligated to) pay all necessary expenses, including reasonable attorneys' fees and expenses expenses, incurred in connection with such proceedings or actions, for which Borrower agrees agree to repay to reimburse Lender on demandupon demand and which amount shall be a part of the Obligations.

Appears in 1 contract

Samples: Loan Agreement (Fm Properties Inc)

Defense of Actions. After providing Borrower notice thereof, Lender may (but shall not be obligated to) commence, appear in, or defend any action or proceeding purporting to affect the Loan, the Property, the Assets, or the respective rights and obligations of Lender and Borrower pursuant to this Loan Agreement and the other Loan DocumentsAgreement. Lender may (but shall not be obligated to) pay all necessary expenses, including reasonable attorneys' fees and expenses incurred in connection with such proceedings or actions, which Borrower agrees to repay to Lender on upon demand.

Appears in 1 contract

Samples: Loan Agreement (Lancer Corp /Tx/)

Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, or defend any action or proceeding purporting to affect the Loan, the Property, or the respective rights and obligations of Lender and Borrower pursuant to this Loan Agreement and the other Loan DocumentsAgreement. Lender may (but shall not be obligated to) pay all necessary expenses, including reasonable attorneys' fees and expenses incurred in connection with such proceedings or actions, which Borrower agrees to repay to Lender on upon demand.

Appears in 1 contract

Samples: Loan Agreement (Capital Senior Living Corp)

Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, or defend any action or proceeding purporting to affect the Loan, the Property, or the respective rights and obligations of Lender and Borrower pursuant to this Loan Agreement and the other Loan DocumentsAgreement. Lender may (but shall not be obligated to) pay all necessary expenses, including reasonable attorneys' fees and expenses incurred in connection with such proceedings or actions, which Borrower agrees to repay to Lender on demand.

Appears in 1 contract

Samples: Term Loan Agreement (Candlewood Hotel Co Inc)

Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, or defend any action or proceeding purporting to affect the Loan, the Property, or the respective rights and obligations of Lender and Borrower pursuant to this Loan Agreement and the other Loan DocumentsAgreement. Lender may (but shall not be obligated to) pay all necessary expenses, including including, without limitation, reasonable attorneys' fees and expenses incurred in connection with such proceedings or actions, which Borrower agrees to repay to Lender on upon demand.

Appears in 1 contract

Samples: Loan Agreement (Verecloud, Inc.)

Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, in or defend any action or proceeding purporting to affect the Loan, the Property or the respective rights and obligations of Lender and or Borrower pursuant to this Loan Agreement and the other Loan DocumentsAgreement. Lender may (but shall not be obligated to) pay all necessary expenses, including reasonable attorneys' attorneys fees and expenses incurred in connection with any such proceedings or actions, which Borrower agrees to repay to Lender on upon demand.

Appears in 1 contract

Samples: Construction Loan Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)

Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, or and defend any action or proceeding purporting to affect the Loan, the Premises, or the respective rights and obligations of Lender and Borrower pursuant to this Loan Agreement and the other Loan DocumentsAgreement. Lender may (but shall not be obligated to) pay all necessary and reasonable expenses, including reasonable attorneys' fees and expenses incurred in connection with such proceedings or actions, which Borrower agrees to repay to Lender on upon demand.

Appears in 1 contract

Samples: Construction and Semi Permanent Loan Agreement (Advanced Environmental Recycling Technologies Inc)

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