Expenditures and Expenses. Borrower shall promptly pay all reasonable -------------------------- Costs (defined below) incurred by Lender in connection with the documentation, modification, workout, collection or enforcement of the Loan or any of the Loan Documents (as applicable) and all such Costs shall be included as additional Indebtedness bearing interest at the Default Rate set forth in the Notes until paid. For the purposes hereof "COSTS" means all expenditures and expenses which may be paid or incurred by or on behalf of Lender including repair costs, payments to remove or protect against liens, attorneys' fees (including fees of Lender's inside counsel), receivers' fees, engineers' fees, accountants' fees, independent consultants' fees (including environmental consultants), all costs and expenses incurred in connection with any of the foregoing, Lender's out-of-pocket costs and expenses related to any audit or inspection of the Project, outlays for documentary and expert evidence, stenographers' charges, stamp taxes, publication costs, and costs (which may be estimates as to items to be expended after entry of an order or judgment) for procuring all such abstracts of title, title and UCC searches, and examination, title insurance policies, Torrens' Certificates (if applicable) and similar data and assurances with respect to title as Lender may deem reasonably necessary either to prosecute any action or to evidence to bidders at any foreclosure sale of the Project or any part thereof the true condition of the title to, or the value of, the Project or any part thereof. 8.2.
Appears in 2 contracts
Samples: Loan Agreement (Emeritus Corp\wa\), Loan Agreement (Emeritus Corp\wa\)
Expenditures and Expenses. Borrower shall agrees to promptly pay all reasonable -------------------------- Costs (defined below) incurred by Lender in connection with the underwriting, approval, documentation, modification, workout, collection or enforcement of the Loan or any of the Loan Documents (as applicable) (including, but not limited to all fees, costs and expenses of Lender's Inspectors ) and all such Costs shall be included as additional Indebtedness indebtedness bearing interest at the Default Rate set forth in the Notes Note until paid. For the purposes hereof "COSTSCosts" means shall mean all expenditures and expenses which may be paid or incurred by or on behalf of Lender including repair costs, payments to remove or protect against liens, attorneys' (primary and local) and legal fees and costs (including fees of Lender's inside counselincluding, but not limited to, all appellate level and post judgment proceedings), receivers' fees, appraisers' fees, engineers' fees, accountants' fees, independent consultants' fees (including environmental consultants), all costs and expenses incurred in connection with any of the foregoing, Lender's out-of-pocket costs and expenses related to any audit or inspection of the ProjectProperty, outlays for documentary and expert evidence, stenographers' charges, documentary transfer and stamp taxes, publication costs, and costs (which may be estimates as to items to be expended after entry of an order or judgment) for procuring all such abstracts of title, title and UCC searches, searches and examination, title insurance policies, Torrens' Certificates (if applicable) and similar data and assurances with respect to title as Lender may deem reasonably necessary either to prosecute any action or to evidence to bidders at any foreclosure sale of the Project or any part thereof Collateral the true condition of the title to, or the value of, the Project or any part thereof. 8.2Collateral.
Appears in 1 contract
Samples: Loan Agreement (Pelican Properties International Corp)
Expenditures and Expenses. Borrower shall agrees to promptly pay all reasonable -------------------------- Costs (defined below) incurred by Lender in connection with the underwriting, approval, documentation, modification, workout, collection or enforcement of the Loan or any of the Loan Documents (as applicable) and all such Costs shall be included as additional Indebtedness indebtedness bearing interest at the Default Rate set forth in the Notes Note until paid. For the purposes hereof "COSTSCosts" means shall mean all expenditures and expenses which may be paid or incurred by or on behalf of Lender including repair costs, payments to remove or protect against liens, attorneys' (primary and local) and legal fees and costs (including fees of Lender's inside counselincluding, but not limited to, all appellate level and post-judgment proceedings), receivers' fees, appraisers' fees, engineers' fees, accountants' fees, independent consultants' fees (including environmental consultants), all costs and expenses incurred in connection with any of the foregoing, Lender's out-of-pocket costs and expenses related to any audit or inspection of the ProjectProperty, outlays for documentary and expert evidence, stenographers' charges, documentary transfer and stamp taxes, escrow fees, publication costs, and costs (which may be estimates as to items to be expended after entry of an order or judgment) for procuring all such abstracts of title, title and UCC searches, searches and examination, title insurance policies, Torrens' Certificates (if applicable) and similar data and assurances with respect to title as Lender may deem reasonably necessary either to prosecute any action or to evidence to bidders at any foreclosure sale of the Project or any part thereof collateral the true condition of the title to, or the value of, the Project or any part thereof. 8.2such collateral.
Appears in 1 contract
Expenditures and Expenses. Borrower Borrowers shall promptly pay all reasonable -------------------------- Costs (defined below) incurred by Lender Agent and/or Lenders in connection with the documentation, closing, modification, workout, collection or enforcement of the Loan or any of the Loan Documents (as applicable) ), but specifically excluding the costs incurred pursuant to Section 5.7, and all such Costs, if not paid by Borrowers within five (5) Business Days after a demand for payment from Agent setting forth in reasonable detail the nature of the Costs for which payment is due, shall be included as additional Indebtedness bearing interest at the Default Rate set forth in interest rate then applicable to the Notes Indebtedness until paid. For the purposes hereof "COSTS" means all reasonable expenditures and expenses which may be paid or incurred by or on behalf of Lender Agent and/or Lenders including reasonable repair costs, payments to remove or protect against liens, reasonable attorneys' fees (including fees of LenderAgent's and/or Lenders' inside counsel), reasonable receivers' fees, engineers' fees, accountants' fees, independent consultants' consultants fees (including environmental consultantsconsultants but specifically excluding any engineers or consultants engaged to provide the customary annual inspection services described in Section 5.1 and for which payment is covered by the loan and servicing fee described in Section 5.1 and are not addressed in the Environmental Indemnity or incurred during the continuance of an Event of Default), all reasonable costs and expenses incurred in connection with any of the foregoing, LenderAgent's and/or Lenders' out-of-pocket costs and expenses related to any audit or inspection of any Project to the Projectextent permitted by Section 5.2 above, reasonable outlays for documentary and expert evidence, stenographers' charges, stamp taxes, publication costs, and costs (which may be estimates as to items to be expended after entry of an order or judgment) for procuring all such abstracts of title, title and UCC searches, and examination, title insurance policies, Torrens' Certificates (if applicable) and similar data and assurances with respect to title as Lender Agent may deem reasonably necessary either to prosecute any action or to evidence to bidders at any foreclosure sale of the any Project or any part thereof the true condition of the title to, or the value of, the any Project or any part thereof. 8.2.
Appears in 1 contract
Expenditures and Expenses. Borrower shall promptly pay all reasonable -------------------------- Costs (defined below) incurred by Lender in connection with the documentation, modification, workout, collection or enforcement of the Loan or any of the Loan Documents (as applicable) and all such Costs shall be included as additional Indebtedness bearing interest at the Default Rate set forth default rate contained in the Notes Note until paid. For the purposes hereof "COSTS" means all expenditures and expenses which may be paid or incurred by or on behalf of Lender including repair costs, payments to remove or protect against liens, attorneys' fees (including fees of Lender's inside counsel), receivers' fees, engineers' fees, accountants' fees, independent consultants' fees (including environmental consultants), all costs and expenses incurred in connection with any of the foregoing, Lender's out-of-pocket costs and expenses related to any audit or inspection of the ProjectProperty, outlays for documentary and expert evidence, stenographers' charges, stamp taxes, publication costs, and costs (which may be estimates as to items to be expended after entry of an order or judgment) for procuring all such abstracts of title, title and UCC searches, and examination, title insurance policies, Torrens' Certificates (if applicable) and similar data and assurances with respect to title as Lender may deem reasonably necessary either to prosecute any action or to evidence to bidders at any foreclosure sale of the Project or any part thereof the true condition of the title to, or the value of, the Project or any part thereof. 8.2Project.
Appears in 1 contract
Expenditures and Expenses. Borrower shall promptly pay all ------------------------- reasonable -------------------------- Costs (defined below) incurred by Lender Agent and/or Lenders in connection with the documentation, closing, making disbursements (including closings and disbursements after the initial disbursement of any portion of the Loan), modification, workout, collection or enforcement of the Loan or any of the Loan Documents (as applicable) and all such Costs shall be included as additional Indebtedness bearing interest at the Default Rate set forth in interest rate then applicable to the Notes Indebtedness until paid. For the purposes hereof "COSTSCosts" means all expenditures and expenses which may be paid or incurred by or on behalf of Lender Agent and/or Lenders including repair costs, payments to remove or protect against liens, attorneys' fees (including fees of LenderAgent's and/or Lenders' inside counsel), receivers' fees, engineers' fees, accountants' fees, independent consultants' fees (including environmental consultants), all costs and expenses incurred in connection with any of the foregoing, LenderAgent's and/or Lenders' out-of-pocket costs and expenses related to any audit or inspection of the Project, outlays for documentary and expert evidence, stenographers' charges, stamp taxes, publication costs, and costs (which may be estimates as to items to be expended after entry of an order or judgment) for procuring all such abstracts of title, title and UCC searches, and examination, title insurance policies, Torrens' Certificates (if applicable) and similar data and assurances with respect to title as Lender Agent may deem reasonably necessary either to prosecute any action or to evidence to bidders at any foreclosure sale of the Project or any part thereof the true condition of the title to, or the value of, the Project or any part thereof. 8.2.
Appears in 1 contract
Expenditures and Expenses. Borrower shall promptly pay all reasonable -------------------------- Costs (defined below) incurred by Lender in connection with the documentation, modification, workout, collection or enforcement of the Loan or any of the Loan Documents (as applicable) and all such Costs shall be included as additional Indebtedness bearing interest at the Default Rate set forth in the Notes Note until paid. For the purposes hereof "COSTSCosts" means all expenditures and expenses which may be paid or incurred by or on behalf of Lender in connection with the documentation, modification, workout, administration, collection or enforcement of the Loan or any of the Loan Documents (as applicable) including repair costs, payments to remove or protect against liens, attorneys' fees (including fees of Lender's inside counsel), receivers' fees, engineers' fees, accountants' feesfees (including fees of Lender's inside accountants), independent consultants' fees (including environmental consultants), all costs and expenses incurred in connection with any of the foregoing, Lender's out-of-pocket costs and expenses related to any audit or inspection of the ProjectProperty (including fees of Lender's inside auditors), outlays for documentary and expert evidence, stenographers' charges, stamp taxes, publication costs, and costs (which may be estimates as to items to be expended after entry of an order or judgment) for procuring all such abstracts of title, title and UCC searches, and examination, title insurance policies, Torrens' Certificates (if applicable) and similar data and assurances with respect to title as Lender may deem reasonably necessary either to prosecute any action or to evidence to bidders at any foreclosure sale of the Project or any part thereof the true condition of the title to, or the value of, the Project or any part thereof. 8.2Project.
Appears in 1 contract
Expenditures and Expenses. Borrower shall agrees to promptly pay all reasonable -------------------------- Costs (defined below) "COSTS" incurred by Lender in connection with the documentation, modification, workout, collection or enforcement of the Loan or any of the Loan Documents (as applicable) and all such Costs shall be included as additional Indebtedness bearing interest at the Default Rate set forth in the Notes Note until paid. For the purposes hereof "COSTSCosts" means shall mean all expenditures and expenses which may be paid or incurred by or on behalf of Lender including repair costs, payments to remove or protect against liens, attorneys' fees (including fees of Lender's inside counsel), receivers' fees, appraisers' fees, engineers' fees, accountants' fees, independent consultants' fees (including environmental consultants), all costs and expenses incurred in connection with any of the foregoing, Lender's out-of-pocket costs and expenses related to any audit or inspection of the ProjectProperty, outlays for documentary and expert evidence, stenographers' charges, stamp taxes, publication costs, and costs (which may be estimates as to items to be expended after entry of an order or judgment) for procuring all such abstracts of title, title and UCC searches, searches and examination, title insurance policies, Torrens' Certificates (if applicable) and similar data and assurances with respect to title as Lender may deem reasonably necessary either to prosecute any action or to evidence to bidders at any foreclosure sale of the Project or any part thereof stock in Borrower the true condition of the title to, or the value of, the Project or any part thereof. 8.2Project.
Appears in 1 contract
Expenditures and Expenses. Borrower shall promptly pay pay, following written notice from Lender, all reasonable -------------------------- Costs (defined below) incurred by Lender in connection with the documentation, modification, workout, collection or enforcement of the Loan or any of the Loan Documents (as applicable) and all such Costs shall be included as additional Indebtedness bearing interest at the Default Rate set forth in the Notes Note until paid. For the purposes hereof "COSTS" “Costs” means all expenditures and expenses which may be paid or incurred by or on behalf of Lender including repair costs, payments to remove or protect against liens, attorneys' ’ fees (including fees of Lender's ’s inside counsel), receivers' ’ fees, engineers' ’ fees, accountants' ’ fees, independent consultants' ’ fees (including environmental consultants), all costs and expenses incurred in connection with any of the foregoing, Lender's ’s out-of-pocket costs and expenses related to any audit or inspection of the ProjectProperties, outlays for documentary and expert evidence, stenographers' ’ charges, stamp taxes, publication costs, and costs (which may be estimates as to items to be expended after entry of an order or judgment) for procuring all such abstracts of title, title and UCC searches, and examination, title insurance policies, Torrens' Certificates (if applicable) and similar data and assurances with respect to title as Lender may deem reasonably necessary either to prosecute any action or to evidence to bidders at any foreclosure sale of the Project or any part thereof Properties the true condition of the title to, or the value of, the Project or any part thereof. 8.2Properties.
Appears in 1 contract
Samples: Mortgage Loan Agreement (Sunlink Health Systems Inc)
Expenditures and Expenses. Borrower Borrowers shall promptly pay all reasonable -------------------------- ------------------------- Costs (defined below) incurred by Lender in connection with the documentation, modification, workout, collection or enforcement of the Loan or any of the Loan Documents (as applicable) and all such Costs shall be included as additional Indebtedness bearing interest at the Default Rate set forth in the Notes until paid. For the purposes hereof "COSTS" means all expenditures and expenses which may be paid or incurred by or on behalf of Lender including repair costs, payments to remove or protect against liens, attorneys' fees (including fees of Lender's inside counsel), receivers' fees, engineers' fees, accountants' fees, independent consultants' fees (including environmental consultants), all costs and expenses incurred in connection with any of the foregoing, Lender's out-of-pocket costs and expenses related to any audit or inspection of the ProjectProjects, outlays for documentary and expert evidence, stenographers' charges, stamp taxes, publication costs, and costs (which may be estimates as to items to be expended after entry of an order or judgment) for procuring all such abstracts of title, title and UCC searches, and examination, title insurance policies, Torrens' Certificates (if applicable) and similar data and assurances with respect to title as Lender may deem reasonably necessary either to prosecute any action or to evidence to bidders at any foreclosure sale of the Project Projects or any part thereof the true condition of the title to, or the value of, the Project Projects or any part thereof. 8.2.
Appears in 1 contract
Samples: Loan Agreement (Emeritus Corp\wa\)