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: Senior Revolving Facility Agreement (Nord Anglia Education, Inc.), Amendment and Restatement Agreement (Nord Anglia Education, Inc.), Revolving Facility Agreement (Nord Anglia Education, 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 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.), Facility Agreement (InterXion Holding N.V.)
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 3 contracts
Samples: Multipurpose Facilities Agreement (SunOpta Inc.), Senior Facilities Agreement (Alliance Data Systems Corp), Multipurpose Facilities Agreement (SunOpta Inc.)
Enforcement and preservation costs. The Company shall (or shall procure that an Each Obligor will)jointly and severally shall, within three (3) Business Days of demand, pay to the Arranger Mandated Lead Arrangers 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 Borrower Security Agent Trustee as a consequence of taking or holding the Transaction Security or enforcing these rights.
Appears in 2 contracts
Samples: Permanent Facility Agreement (Groupe Eurotunnel SA), Permanent Facility Agreement (Groupe Eurotunnel SA)
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 2 contracts
Samples: Senior Facilities Agreement (NDS Group PLC), 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) 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: Amendment and Restatement Agreement (Aegean Marine Petroleum Network Inc.), Borrowing Base Facility 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 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
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: Facility 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)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.
Appears in 1 contract
Samples: Revolving Facility Agreement (Penske Automotive 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 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.. Section 7 Guarantee
Appears in 1 contract
Samples: Amendment and Restatement 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 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 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: Amendment and Restatement Agreement (Alliance Data Systems Corp)
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.
Appears in 1 contract
Samples: Common Terms Agreement
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: Loan 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 Finance Party and/or Receiver or Delegate 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 Trustee as a consequence of taking or holding the Transaction Security or enforcing these rights.
Appears in 1 contract
Samples: Revolving Facilities Agreement (Manchester United Ltd.)
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
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