Common use of Enforcement and preservation costs Clause in Contracts

Enforcement and preservation costs. The Company shall (or shall procure that an Obligor will), within three (3) Business Days of demand, pay to the Arranger and each other Secured Party the amount of all costs and expenses (including legal fees) incurred by it in connection with the enforcement 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 6 contracts

Samples: Intercreditor Agreement (Nord Anglia Education, Inc.), Intercreditor Agreement (Nord Anglia Education, Inc.), Intercreditor Agreement (Nord Anglia Education, Inc.)

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Enforcement and preservation costs. The Company shall (or shall procure that an Obligor will), within three (3) Business Days of demand, pay to the Arranger and each other 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, 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 Trustee as a consequence of taking or holding the Transaction Security or enforcing these rights.

Appears in 4 contracts

Samples: Facility Agreement (InterXion Holding N.V.), Facility Agreement (InterXion Holding N.V.), Intercreditor Agreement (InterXion Holding N.V.)

Enforcement and preservation costs. The Company shall (or shall procure that an Obligor will), within three (3) five Business Days of demand, pay to the Arranger MLABs and each other 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 the Secondary Security Agent as a consequence of taking or holding the Transaction Security or enforcing these rights.

Appears in 4 contracts

Samples: Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, Inc.), Senior Facilities Agreement (StarTek, Inc.)

Enforcement and preservation costs. The Company shall (or shall procure that an Obligor will)shall, within three (3) Business Days of demand, pay to the Arranger and each other 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 3 contracts

Samples: And Restatement Agreement (Aegean Marine Petroleum Network Inc.), And Restatement Agreement (Aegean Marine Petroleum Network Inc.), And Restatement Agreement (Aegean Marine Petroleum Network Inc.)

Enforcement and preservation costs. The Company shall (or shall procure that an Obligor will), within three (3) Business Days of demand, pay to the Arranger and each other Secured Party the amount of all costs and expenses (including legal fees) incurred by it in connection with the enforcement or the preservation of any rights under any Finance Document and the Transaction Security and any proceedings instituted by or against the Security Collateral Agent as a consequence of taking or holding the Transaction Security or enforcing these rights.

Appears in 2 contracts

Samples: Notes Purchase Agreement (Membership Collective Group Inc.), Notes Purchase Agreement (Membership Collective Group Inc.)

Enforcement and preservation costs. The Company shall (or shall procure that an Obligor will)shall, within three (3) Business Days of demand, pay to the Arranger and each other Secured Party the amount of all costs and expenses (including legal feesfees and the fees of any court representative (procurador), even if the intervention of lawyers or court representatives is not mandatory)) 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: Agreement (Aegean Marine Petroleum Network Inc.)

Enforcement and preservation costs. The Company shall (or shall procure that an Obligor will)shall, within three (3) Business Days of demand, pay to the Arranger and each other Secured Party and the Arrangers the amount of all costs and expenses (including including, but not limited to, legal fees) incurred by it that Secured Party and the Arrangers in connection with the enforcement 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.. SECTION 7 GUARANTEE

Appears in 1 contract

Samples: Agreement (Alliance Data Systems Corp)

Enforcement and preservation costs. The Company shall (or shall procure that an another Obligor will), within three (3) Business Days of demand, pay to the Arranger and each other 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 under, any Finance Document and the Transaction Security and any proceedings instituted by or against the Security Agent that Secured Party as a consequence of taking or holding the Transaction Security or enforcing these rights.

Appears in 1 contract

Samples: Assignment Agreement (Marine Harvest ASA)

Enforcement and preservation costs. The Company shall (or shall procure that an Obligor will)shall, within three (3) Business Days of demand, pay to the Arranger and each other Secured Party the amount of all costs and expenses (including legal fees) incurred by it in connection with the enforcement or of or, after a Declared Default, 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.. 112 SECTION 7 GUARANTEE

Appears in 1 contract

Samples: Facilities Agreement (NDS Group PLC)

Enforcement and preservation costs. The Company shall (or shall procure that an Obligor will)shall, within three (3) Business Days of demand, pay to the Arranger and each other Secured Party the amount of all costs and expenses (including legal fees) incurred by it in connection with the enforcement or of or, after a Declared Default, 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: Mezzanine Facility Agreement (NDS Group PLC)

Enforcement and preservation costs. The Company shall (or shall procure that an Obligor will)shall, within three (3) Business Days of demand, pay to the Arranger and each other Secured Party the amount of all costs and expenses (including legal fees) properly 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.. SECTION 7 GUARANTEE

Appears in 1 contract

Samples: Facility Agreement (Penske Automotive Group, Inc.)

Enforcement and preservation costs. The Company shall (or shall procure that an Obligor will)shall, within three (3) 3 Business Days of demand, pay to the Arranger and each other 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: www.stanleygibbonsplc.com

Enforcement and preservation costs. The Company shall (or shall procure that an Obligor will)shall, within three (3) Business Days of demand, pay to each Secured Party and the Arranger and each other Secured Party the amount of all costs and expenses (including including, but not limited to, legal fees) incurred by it that Secured Party and the Arranger in connection with the enforcement 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.. GUARANTEE

Appears in 1 contract

Samples: Agreement (SunOpta Inc.)

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Enforcement and preservation costs. The Company shall (or shall procure that an Obligor will)shall, within three (3) Business Days of demand, pay to each Secured Party and the Arranger and each other Secured Party the amount of all costs and expenses (including including, but not limited to, legal fees) incurred by it that Secured Party and the Arranger in connection with the enforcement 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.. SECTION 7 GUARANTEE

Appears in 1 contract

Samples: Multipurpose Facilities Agreement (SunOpta Inc.)

Enforcement and preservation costs. The Company shall (or shall procure that an another Obligor will), within three (3) Business Days of demand, pay to the Arranger and each other 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 rightsrights save for any proceedings arising from the Security Agent’s gross negligence or wilful misconduct.

Appears in 1 contract

Samples: Senior Facilities Agreement (OpSec Holdings)

Enforcement and preservation costs. The Company shall (or shall procure that an Obligor will)shall, within three (3) Business Days of demand, pay to the Arranger and each other 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: Facility Agreement (UTAC Holdings Ltd.)

Enforcement and preservation costs. The Company shall (or shall procure that an Obligor will)shall, within three (3) Business Days of demand, pay to the Arranger and each other 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 Transaction 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. [Different odd and even pages setting changed from off in original to on in modified.] [Link-to-previous setting changed from on in original to off in modified.]

Appears in 1 contract

Samples: Common Terms Agreement

Enforcement and preservation costs. The Company shall (or shall procure that an Obligor willa member of the Group shall), within three (3) Business Days of demand, pay to the Arranger and each other 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: Loan Note Agreement (Weather Investments II S.a.r.l.)

Enforcement and preservation costs. The Company shall (or shall procure that an Obligor will)Company, within three (3) Business Days of demand, shall pay to the Arranger and each other Secured Party the amount of all actual costs and expenses (including legal fees) incurred by it in connection with the enforcement of, or the preservation of any rights under under, any Finance Transaction Document and the Transaction Security and any proceedings Proceedings instituted by or against the Security Agent as a consequence of taking or holding the Transaction Security or enforcing these rights., or the investigation of any possible Default. 11 Tax gross-up and indemnities; VAT

Appears in 1 contract

Samples: Investment Agency Agreement (Brooge Holdings LTD)

Enforcement and preservation costs. The Company shall (or shall procure that an Obligor will)shall, within three (3) Business Days of demand, pay to each Secured Party and the Arranger and each other Secured Party the amount of all costs and expenses (including including, but not limited to, legal fees) incurred by it that Secured Party and the Arranger in connection with the enforcement 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: Agreement (Alliance Data Systems Corp)

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