Enforcement and preservation costs. The Borrowers shall, within three (3) Business Days of demand, pay to the Arranging Parties and each other Finance Party the amount of all costs and expenses (including legal fees) incurred by it in connection with the enforcement of or the preservation of any rights under any Finance Document and any proceedings instituted by or against the Agent as a consequence of taking or holding or enforcing these rights.
Appears in 5 contracts
Samples: Senior Facility Agreement (International Game Technology PLC), Loan Agreement (International Game Technology PLC), Loan Agreement (International Game Technology PLC)
Enforcement and preservation costs. The Borrowers Borrower shall, within three (3) Business Days of demand, pay to the Arranging Parties and each other Finance Secured Party the amount of all costs and expenses (including including, but not limited to, legal fees) incurred by it that Secured Party in connection with the enforcement of of, or the preservation of any rights under under, any Finance Document and the Transaction Security and any proceedings instituted by or against the Security Agent as a consequence of taking or holding the Transaction Security or enforcing these rights.
Appears in 5 contracts
Samples: Facility Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.)
Enforcement and preservation costs. The Borrowers Borrower shall, within three (3) Business Days of demand, pay to the Arranging Parties each Administrative Party and each other Finance Secured Party the amount of all out-of-pocket costs and expenses (including legal fees) incurred by it in connection with the enforcement of or the preservation of any rights under any Finance Document and the Transaction Security and any proceedings instituted by or against the Security Agent or the U.S. Collateral Agent as a consequence of taking or holding the Transaction Security or enforcing these rights.
Appears in 5 contracts
Samples: Supplemental Agreement (Iridium Communications Inc.), Supplemental Agreement (Iridium Communications Inc.), Supplemental Agreement (Iridium Communications Inc.)
Enforcement and preservation costs. The Borrowers Borrower shall, within three (3) Business Days of demand, pay to the Arranging Parties Arrangers and each other Finance Secured Party on a full indemnity basis the amount of all costs and expenses (including legal feeslegal, valuation, accountancy and consulting fees and commission and out of pocket expenses) and any VAT thereon incurred by it in connection with the enforcement of or the preservation of or the release of any rights under any Finance Document or any of the documents referred to in such documents in any jurisdiction and any proceedings instituted by or against the Security Agent as a consequence of taking or holding the Transaction Security or enforcing these rights.
Appears in 3 contracts
Samples: Term Facility Agreement (Enstar Group LTD), Term Facility Agreement (Enstar Group LTD), Term Facility Agreement (Enstar Group LTD)
Enforcement and preservation costs. The Borrowers shallBorrower shall (or shall procure that the Shareholder will), within three (3) Business Days of demand, pay to the Arranging Parties and each other Finance Secured Party the amount of all duly documented costs and expenses (including legal feesfees of single counsel in each relevant jurisdiction) incurred by it that Secured Party in connection with the enforcement of of, or the preservation of any rights under any Finance Document and/or the Transaction Security (or contemplation thereof) and any proceedings instituted by or against the Agent that Secured Party as a consequence of it entering into a Finance Document, taking or holding the Transaction Security, or enforcing these those rights.
Appears in 3 contracts
Samples: Secured Term Loan Facility (Mohegan Tribal Gaming Authority), Secured Term Loan Facility, Secured Term Loan Facility
Enforcement and preservation costs. The Borrowers Borrower shall, within three (3) Business Days of demand, pay to the Arranging Parties and each other Finance Secured Party the amount of all costs and expenses (including legal fees) incurred by it that Secured Party in connection with the enforcement of of, or the preservation of any rights under under, any Finance Document and the Transaction Security and any proceedings instituted by or against the Agent that Secured Party as a consequence of it entering into a Finance Document, taking or holding the Transaction Security, or enforcing these those rights.
Appears in 3 contracts
Samples: Facility Agreement, Facility Agreement (Pacific Alliance Group LTD), Facility Agreement (Sun Wise (UK) Co., LTD)
Enforcement and preservation costs. The Borrowers shall, within three (3) Business Days of demand, pay to the Arranging Parties and each other Finance Secured Party the amount of all costs and expenses (including legal fees) incurred by it that Secured Party in connection with the enforcement of of, or the preservation of any rights under under, any Finance Document and the Transaction Security and any proceedings instituted by or against the Security Agent as a consequence of taking or holding the Transaction Security or enforcing these those rights.
Appears in 2 contracts
Samples: Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Ardmore Shipping Corp)
Enforcement and preservation costs. The Borrowers Borrower shall, within three (3) Business Days of demand, pay to the Arranging Parties Arranger and each other Finance Secured Party on a full indemnity basis the amount of all costs and expenses (including legal feeslegal, valuation, accountancy and consulting fees and commission and out of pocket expenses) and any VAT thereon incurred by it in connection with the enforcement of or the preservation of or the release of any rights under any Finance Document or any of the documents referred to in such documents in any jurisdiction and any proceedings instituted by or against the Security Agent as a consequence of taking or holding the Transaction Security or enforcing these rights.
Appears in 2 contracts
Samples: Term Facility Agreement (Enstar Group LTD), Term Facility Agreement (Enstar Group LTD)
Enforcement and preservation costs. The Borrowers Borrower shall, within three (3) Payment Business Days of demand, pay to the Arranging Parties and each other Finance Party the amount of all costs costs, Taxes and expenses (including legal and accountants fees) incurred by it in connection with the investigation of any Default, the enforcement of or the preservation of any rights under any Finance Document and the Transaction Security and any proceedings instituted by or against the Security Agent or any other Finance Party as a consequence of taking or holding the Transaction Security or enforcing or preserving these rights.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Atlas Investissement), Facility Agreement (Atlas Investissement)
Enforcement and preservation costs. The Borrowers Borrower shall, within three (3) Business Days of demand, pay to the Arranging Parties and each other Finance Party the amount of all costs and expenses (including legal fees) incurred by it that Finance Party in connection with the enforcement of of, or the preservation of any rights under under, any Finance Document and the Transaction Security and any proceedings instituted by or against the Agent that Finance Party as a consequence of it entering into a Finance Document, taking or holding the Transaction Security, or enforcing these those rights.
Appears in 2 contracts
Samples: Term Loan Facility Agreement (GDS Holdings LTD), Term Loan Facility Agreement (GDS Holdings LTD)
Enforcement and preservation costs. The Borrowers Borrower shall, within three (3) Business Days of demand, pay to the Arranging Parties and each other Finance Secured Party the amount of all costs and expenses (including legal fees) incurred by it that Secured Party in connection with the enforcement of or realisation (or attempted enforcement or realisation) of, or the preservation (or attempted preservation) of any rights under under, any Finance Document and the Transaction Security and any proceedings instituted by or against the Security Agent as a consequence of taking or holding the Transaction Security or enforcing these rights.
Appears in 2 contracts
Samples: Senior Term Facilities Agreement (CorpAcq Group PLC), Senior Term Facilities Agreement (CorpAcq Group PLC)
Enforcement and preservation costs. The Borrowers Borrower shall, within three (3) Business Days of demand, pay to the Arranging Parties and each other Finance Party the amount of all costs and expenses (including legal feesfees on the scale between attorney and own client whether incurred before or after judgment) incurred by it in connection with the enforcement of or the preservation of any rights under any Finance Document and the Transaction Security and any proceedings instituted by or against the Agent a Finance Party as a consequence of taking or holding the Transaction Security or enforcing these rights.
Appears in 2 contracts
Samples: Facilities Agreement (Lesaka Technologies Inc), Loan Agreement (Net 1 Ueps Technologies Inc)
Enforcement and preservation costs. The Borrowers Borrower shall, within three (3) Business Days of demand, pay to the Arranging Parties Arranger and each other Finance Secured Party the amount of all costs and expenses (including legal fees) incurred by it in connection with the enforcement of or the preservation of any rights under any Finance Document and the Transaction Security and any proceedings instituted by or against the Security Agent or any other Finance Party as a consequence of taking or holding the Transaction Security or enforcing these rights.
Appears in 2 contracts
Samples: Facilities Agreement (International Shipping Enterprises, Inc.), Facilities Agreement (International Shipping Enterprises, Inc.)
Enforcement and preservation costs. The Borrowers Borrower shall, within three (3) Business Days of demand, pay to the Arranging Parties Arranger and each other Finance Secured Party the amount of all costs and expenses (including legal fees) incurred by it in connection with the enforcement of or the preservation of any rights under any Finance Document and the Transaction Security and any proceedings instituted by or against the Security Agent as a consequence of taking or holding the Transaction Security or enforcing these rights.
Appears in 2 contracts
Samples: Facility Agreement (Baring Asia Private Equity Fund v Co-Investment L.P.), Facility Agreement (Giant Interactive Group Inc.)
Enforcement and preservation costs. The Borrowers Borrower shall, within three (3) Business Days of demand, pay (or procure payment) to the Arranging Parties and each other Finance Party the amount of all costs and expenses (including legal fees) incurred by it that Finance Party in connection with the enforcement of or the preservation of any rights rights, powers and remedies under any Finance Document and any proceedings instituted by or against the Agent as a consequence of taking or holding or enforcing these rightsDocument.
Appears in 1 contract
Samples: Amendment Agreement (Promotora De Informaciones Sa /Fi)
Enforcement and preservation costs. The Borrowers Company shall, within three (3) Business Days of demand, pay to the Arranging Parties and each other Finance Secured Party the amount of all costs and expenses (including legal fees) incurred by it that Secured Party in connection with the enforcement of of, or the preservation of any rights under under, any Finance Document and the Transaction Security and any proceedings instituted by or against the Agent that Secured Party as a consequence of it entering into a Finance Document, taking or holding the Transaction Security, or enforcing these those rights.
Appears in 1 contract
Samples: Secured Facility Agreement (Amkor Technology, Inc.)
Enforcement and preservation costs. The Borrowers Borrower shall, within three (3) Business Days of demand, pay to the Arranging Parties and each other Finance Party the amount of all costs and expenses (including legal fees) incurred by it that Finance Party in connection with the enforcement of of, or the preservation of any rights under under, any Finance Document or the Transaction Security and with any proceedings instituted by or against the Agent that Finance Party as a consequence of it entering into a Finance Document, taking or holding the Transaction Security, or enforcing these those rights.
Appears in 1 contract
Enforcement and preservation costs. The Borrowers Borrower shall, within three (3) Business Days of demand, pay to the Arranging Parties Lender and each other Finance Secured Party the amount of all costs and expenses (including legal fees) incurred by it in connection with the enforcement of or the preservation of any rights under any Finance Document and the Transaction Security and any proceedings instituted by or against the Agent Lender as a consequence of taking or holding the Transaction Security or enforcing these rights.
Appears in 1 contract
Samples: Facility Agreement
Enforcement and preservation costs. The Borrowers Borrower shall, within three (3) Business Days of demand, pay to the Arranging Parties and each other Finance Secured Party the amount of all costs and expenses (including legal fees) incurred by it that Secured Party in connection with the enforcement of of, or the preservation of any rights under under, any Finance Document and the Transaction Security and any proceedings instituted by or against the Agent that Secured Party as a consequence of it entering into a Finance Document, taking or holding the Transaction Security, or enforcing these those rights.. 49173559_13
Appears in 1 contract
Enforcement and preservation costs. The Borrowers Borrower shall, within three (3) Business Days of demand, pay to the Arranging Parties and each other Finance Secured Party the amount of all costs and expenses (including legal fees) incurred by it that Secured Party in connection with the enforcement of of, or the preservation of any rights under under, any Finance Document and the Transaction Security and any proceedings instituted by or against the Agent any other Secured Party as a consequence of taking or holding the Transaction Security or enforcing these rights.
Appears in 1 contract
Samples: Secured Bridge Facility Agreement (Cemex Sab De Cv)
Enforcement and preservation costs. The Borrowers Borrower shall, within three ten (310) Business Days of demand, pay to the Arranging Parties and each other Finance Secured Party the amount of all costs and expenses (including including, but not limited to, legal fees) incurred by it that Secured Party in connection with the enforcement of of, or the preservation of any rights under under, any Finance Document and the Transaction Security and any proceedings instituted by or and against the Agent a Secured Party as a consequence of taking or holding the Transaction Security or enforcing these rights. Reasonable evidence of such costs and expenses shall be provided to the Borrower.
Appears in 1 contract
Samples: Senior Facilities Agreement (Net 1 Ueps Technologies Inc)
Enforcement and preservation costs. The Borrowers Borrower shall, within three (3) Business Days of demand, pay to the Arranging Parties and each other Finance Party the amount of all costs and expenses (including legal fees) incurred by it that Finance Party in connection with the enforcement of of, or the preservation of any rights under under, any Finance Document and the Transaction Security and any proceedings instituted by or against the Security Agent as a consequence of taking or holding the Transaction Security or enforcing these rights.
Appears in 1 contract
Samples: Facility Agreement (Central European Media Enterprises LTD)
Enforcement and preservation costs. The Borrowers Borrower shall, within three (3) Business Days of demand, pay to the Arranging Parties and each other Finance Secured Party the amount of all costs and expenses (including legal fees) incurred by it in connection with the enforcement of or the preservation of any rights under any Finance Document and the Transaction Security and any proceedings instituted by or against the Security Agent as a consequence of taking or holding the Transaction Security or enforcing these rights.
Appears in 1 contract
Enforcement and preservation costs. The Borrowers Borrower shall, within three (3) Business Days of demand, pay to the Arranging Parties Mandated Lead Arranger and each other Finance Secured Party the amount of all costs and expenses (including legal fees) incurred by it in connection with the enforcement of or the preservation of any rights under any Finance Document and the Transaction Security and any proceedings instituted by or against the Facility Agent as a consequence of taking or holding the Transaction Security or enforcing these rights.
Appears in 1 contract
Enforcement and preservation costs. The Borrowers Borrower shall, within three (3) Business Days of demand, pay to the Arranging Parties Arranger and each other Finance Secured Party the amount of all costs and expenses (including legal legal, travel and/or valuation fees) incurred by it in connection with the enforcement of or the preservation of any rights under any Finance Document and the Transaction Security and any proceedings instituted by or against the Security Agent as a consequence of taking or holding the Transaction Security or enforcing these rights.
Appears in 1 contract
Enforcement and preservation costs. The Borrowers Borrower shall, within three (3) Business Days of demand, pay to each Secured Party and the Arranging Parties and each other Finance Party Mandated Lead Arrangers the amount of all costs and expenses (including including, but not limited to, legal fees) incurred by it that Secured Party and the Mandated Lead Arrangers in connection with the enforcement of of, or the preservation of any rights under under, any Finance Document and the Transaction Security and any proceedings instituted by or against the Agent Security Trustee as a consequence of taking or holding the Transaction Security or enforcing these rights.. 118798-4-1-v6.0 - 63 - 70-40539524
Appears in 1 contract
Samples: Senior Reserve Base Lending Facility Agreement (Fx Energy Inc)
Enforcement and preservation costs. The Borrowers Borrower shall, within three (3) Business Days of demand, pay to the Arranging Parties and each other Finance Secured Party the amount of all costs and expenses (including legal fees) incurred by it in connection with the enforcement of of, or the preservation of any rights under under, any Finance Document or the Transaction Security and any proceedings instituted by or against the Agent that Secured Party as a consequence of it, taking or holding the Transaction Security or preserving or enforcing these rightsits rights under the Finance Documents or the Transaction Security.
Appears in 1 contract
Enforcement and preservation costs. The Borrowers Borrower shall, within three (3) 3 Business Days of demand, pay to the Arranging Parties and each other Finance Party the amount of all costs and expenses (including legal fees) incurred by it that Finance Party in connection with the enforcement of of, or the preservation of any rights under under, any Finance Document or the Transaction Security and with any proceedings instituted by or against the Agent that Finance Party as a consequence of it entering into a Finance Document, taking or holding the Transaction Security, or enforcing these those rights.
Appears in 1 contract
Samples: Sterling Term Facility Agreement (American Realty Capital Global Trust, Inc.)
Enforcement and preservation costs. The Borrowers Borrower shall, within three (3) 3 Business Days of demand, pay to the Arranging Parties and each other Finance Secured Party the amount of all costs and expenses (including legal fees) incurred by it in connection with the enforcement of of, or the preservation of any rights under under, any Finance Document and any proceedings instituted by or against the Agent as a consequence of taking or holding or enforcing these rightsTransaction Security.
Appears in 1 contract
Samples: Loan Agreement (Tiffany & Co)
Enforcement and preservation costs. The Borrowers Borrower shall, within three (3) Business Days of demand, pay to the Arranging Parties and each other Finance Secured Party the amount of all costs and expenses (including legal fees) incurred by it that Secured Party in connection with the enforcement of of, or the preservation of any rights under under, any Finance Document and the Transaction Security and any proceedings instituted by or against the Agent any Secured Party as a consequence of it entering into a Finance Document, taking or holding the Transaction Security, or enforcing these those rights..
Appears in 1 contract
Enforcement and preservation costs. The Borrowers Borrower shall, within three (3) Business Days of demand, pay (but avoiding any double recovery) to the Arranging Parties Arranger and each other Finance Secured Party the amount of all costs and expenses (including legal fees) incurred by it in connection with the enforcement of or the preservation of any rights under any Finance Document and the Transaction Security and any proceedings instituted by or against the Agent Security Trustee as a consequence of taking or holding the Transaction Security or enforcing these rights.
Appears in 1 contract
Samples: Facility Agreement (Cascal N.V.)
Enforcement and preservation costs. The Borrowers Borrower shall, within three ten (310) Business Days of demand, pay to the Arranging Parties and each other Finance Secured Party the amount of all costs and expenses (including including, but not limited to, legal fees) incurred by it that Secured Party in connection with the enforcement of of, or the preservation of any rights under under, any Finance Document and the Transaction Security and any proceedings instituted by or and against the Agent a Secured Party as a consequence of taking or holding the Transaction Security or enforcing these rights.
Appears in 1 contract
Enforcement and preservation costs. The Borrowers Borrower shall, within three (3) Business Days of demand, pay to the Arranging Parties Arrangers and each other Finance Party the amount of all costs and expenses (including legal fees) incurred by it in connection with the enforcement of or the preservation of any rights under any Finance Document and the Transaction Security and any proceedings instituted by or against the Security Agent as a consequence of taking or holding the Transaction Security or enforcing these rights.
Appears in 1 contract
Enforcement and preservation costs. The Borrowers Borrower shall, within three (3) Business Days of demand, pay to the Arranging Parties and each other Finance Secured Party the amount of all costs and expenses (including legal fees) incurred by it that Secured Party in connection with the enforcement of of, or the preservation of any rights under under, any Finance Document or the Transaction Security and with any proceedings instituted by or against the Agent that Secured Party as a consequence of it entering into a Finance Document or taking or holding the Transaction Security, or enforcing these those rights.
Appears in 1 contract
Samples: Mezzanine Facility Agreement (American Realty Capital Global Trust II, Inc.)
Enforcement and preservation costs. The Borrowers shallBorrower shall (or shall procure that an Obligor will), within three (3) Business Days of demand, pay to the Arranging Parties Arranger and each other Finance Secured Party the amount of all costs and expenses (including legal fees) incurred by it in connection with the enforcement of or the preservation of any rights under any Finance Document and the Transaction Security and any proceedings instituted by or against the Security Agent as a consequence of taking or holding the Transaction Security or enforcing these rights.
Appears in 1 contract
Samples: Senior Secured Bridge Facility Agreement (Ugi Corp /Pa/)