Common use of Expenses and Additional Fees Clause in Contracts

Expenses and Additional Fees. (a) Each of Borrowers shall pay to Agent on demand all reasonable costs and expenses that Agent and Lenders pay or incur in connection with the negotiation, preparation, consummation, administration, enforcement, and termination of this Agreement and the other Financing Agreements, including, without limitation: (i) reasonable attorneys' and paralegals' fees and disbursements of counsel to Agent and Lenders and any Participant (including allocated costs of in-house counsel); (ii) reasonable costs and expenses (including reasonable attorneys' and paralegals' fees and disbursements, and allocated costs of in-house counsel) for any amendment, supplement, waiver, consent, or subsequent closing in connection with the Financing Agreements and the transactions contemplated thereby; (iii) costs and expenses of lien and title searches and title insurance; (iv) taxes, fees and other charges for recording any agreements or documents with the Office of Patents and Trademarks, the Copyright Office or any other governmental authority, and the filing of UCC financing statements and continuations, and other actions to perfect, protect, and continue the security interests and liens of Agent and Lenders in the Collateral; (v) sums paid or incurred to pay any amount or take any action required of Borrowers under the Financing Agreements that Borrowers fail to pay or take; (vi) costs of appraisals and environmental audits (including allocated costs for in- house appraisals or environmental reviews), inspections, and verifications of the Collateral (except not for any audit or field examination charges and expenses); (vii) reasonable costs and expenses of forwarding loan proceeds, collecting checks and other items of payment, and establishing and maintaining payment accounts and lock boxes; (viii) costs and expenses of preserving and protecting the Collateral; and (ix) reasonable costs and expenses (including reasonable attorneys' and paralegals' fees and disbursements and allocated costs of in-house counsel) paid or incurred to obtain payment of the Obligations, enforce the security interests and liens of Agent and Lenders, sell or otherwise realize upon the Collateral, and otherwise enforce the provisions of this Agreement and the other Financing Agreements, or to defend any claims made or threatened against Agent and Lenders arising out of the transactions contemplated hereby (including, without limitation, preparations for and consultations concerning any such matters). The foregoing shall not be construed to limit any other provisions of the Financing Agreements regarding costs and expenses to be paid by Borrowers.

Appears in 2 contracts

Samples: Loan and Security Agreement (Pamida Holdings Corp/De/), Loan and Security Agreement (Pamida Inc /De/)

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Expenses and Additional Fees. (a) Each of Borrowers and Guarantors shall pay to Agent Lender on demand all reasonable costs and expenses that Agent and Lenders pay Lender pays or incur incurs in connection with the due diligence, negotiation, preparation, consummation, execution, administration, enforcement, and termination of this Agreement and the other Financing Agreements, including, without limitation: (i) reasonable attorneys' and paralegals' fees and disbursements of counsel to Agent and Lenders Lender and any Participant (including allocated costs of in-house counsel)Participant; (ii) reasonable costs and expenses (including reasonable attorneys' and paralegals' fees and disbursements, and allocated costs of in-house counsel) for any amendment, supplement, waiver, consent, or subsequent closing in connection with the Financing Agreements and the transactions contemplated thereby; (iii) costs and expenses of lien and title searches and title insurancesearches; (iv) taxes, fees and other charges for recording the Mortgages or any agreements or documents with the United States Office of Patents and Trademarks, the Copyright The United States Office of Copyrights or any other governmental authority, and the filing of UCC financing statements and continuations, and other actions to perfect, protect, and continue the security interests and liens of Agent and Lenders Lender in the Collateral and/or Guarantor Collateral; (v) sums paid or incurred to pay any amount or take any action required of Borrowers and/or any Guarantors under the Financing Agreements that Borrowers and/or any Guarantors fail to pay or take; (vi) costs of appraisals and appraisals, environmental audits (including allocated costs for in- house appraisals or environmental reviews)audits, inspections, and verifications of the Collateral and/or Guarantor Collateral, including, without limitation, travel and lodging, plus a per diem charge at a rate of Seven Hundred Fifty Dollars (except not $750) per person for periodic field examinations of the Collateral and/or Guarantor Collateral and Borrowers' and/or any audit Guarantor's operations by Lender, or field examination charges and expenses)its agents; (vii) reasonable costs and expenses of forwarding loan proceeds, collecting checks and other items of payment, including, without limitation, wire transfer fees and establishing and maintaining payment accounts and lock boxescheck dishonor fees; (viii) costs and expenses of preserving and protecting the Collateral and/or Guarantor Collateral; (ix) costs and expenses and fees for title insurance and other insurance premiums, environmental audits, surveys, assessments, engineering reports and inspections, appraisal fees and search fees; and (ixx) reasonable costs and expenses (including reasonable attorneys' and paralegals' fees and disbursements and allocated costs of in-house counseldisbursements) paid or incurred to obtain payment of the ObligationsObligations of Borrowers and/or Guarantors, enforce the security interests and liens of Agent and LendersLender, sell or otherwise realize upon the Collateral and/or Guarantor Collateral, and otherwise enforce the provisions of this Agreement and the other Financing AgreementsAgreements (including, without limitation, premiums on bonds and undertakings, fees of marshals, sheriffs, custodians, auctioneers and others, travel expenses and all court costs and collection charges), or to defend any claims made or threatened against Agent and Lenders Lender arising out of the transactions contemplated hereby (including, without limitation, preparations for and consultations concerning any such matters). The foregoing shall not be construed to limit any other provisions of the Financing Agreements regarding costs and expenses to be paid by BorrowersBorrowers and/or Guarantors.

Appears in 1 contract

Samples: Loan and Security Agreement (Hanover Direct Inc)

Expenses and Additional Fees. (a) Each of Borrowers Borrower shall pay to Agent on demand all reasonable costs and expenses that Agent and Lenders or any Lender may pay or incur in connection with the negotiation, preparation, consummation, administration, enforcement, and termination of this Agreement and the other Financing Agreements, including, without limitation: (i) reasonable attorneys' and paralegals' fees and disbursements of counsel to Agent and Agent, Lenders and any Participant (including allocated costs of in-house counsel); (iicounsel);(ii) reasonable costs and expenses (including reasonable attorneys' and paralegals' fees and disbursements, and allocated costs of in-house counsel) for any amendment, supplement, waiver, consent, or subsequent closing in connection with the Financing Agreements and the transactions contemplated thereby; (iiithereby;(iii) costs and expenses of lien and title searches and title insurance; (ivinsurance;(iv) taxes, fees and other charges for recording any agreements or documents with the Office of Patents and Trademarks, the Copyright Office or any other governmental authority, and the filing of UCC financing statements and continuations, and other actions to perfect, protect, and continue the security interests and liens of Agent and Lenders Lender in the Collateral; (vCollateral;(v) sums paid or incurred to pay any amount or take any action required of Borrowers Borrower under the Financing Agreements that Borrowers fail Borrower fails to pay or take; (vi) costs of appraisals and appraisals, environmental audits (including allocated costs for in- house appraisals or environmental reviews)audits, inspections, and verifications of the Collateral, including, without limitation, travel, lodging, and meals for inspections of the Collateral (except not and Borrower's operations by Agent, any Lender, Participants or their agents, plus a charge of $600 per person per day for the field examiners of Agent, any audit or field examination charges Lender and expenses); (viiany Participant;(vii) reasonable costs and expenses of forwarding loan proceeds, collecting checks and other items of payment, and establishing and maintaining payment accounts and lock boxes; (viiiboxes;(viii) costs and expenses of preserving and protecting the Collateral; and (ix) reasonable costs and expenses (including reasonable attorneys' and paralegals' fees and disbursements and allocated costs of in-house counsel) paid or incurred to obtain payment of the Obligations, enforce the security interests and liens of Agent and LendersAgent, sell or otherwise realize upon the Collateral, and otherwise enforce the provisions of this Agreement and the other Financing Agreements, or to defend any claims made or threatened against Agent and Lenders or any Lender arising out of the transactions contemplated hereby (including, without limitation, preparations for and consultations concerning any such matters). The foregoing shall not be construed to limit any other provisions of the Financing Agreements regarding costs and expenses to be paid by BorrowersBorrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Industrial Fuels Minerals Co)

Expenses and Additional Fees. (a) Each of Borrowers Borrower shall pay to Agent on demand all reasonable costs and expenses that Agent and Lenders or any Lender may pay or incur in connection with the negotiation, preparation, consummation, administration, enforcement, and termination of this Agreement and the other Financing Agreements, including, without limitation: (i) reasonable attorneys' and paralegals' fees and disbursements of counsel to Agent and Agent, Lenders and any Participant (including allocated costs of in-house counsel); (ii) reasonable costs and expenses (including reasonable attorneys' and paralegals' fees and disbursements, and allocated costs of in-house counsel) for any amendment, supplement, waiver, consent, or subsequent closing in connection with the Financing Agreements and the transactions contemplated thereby; (iii) costs and expenses of lien and title searches and title insurance; (iv) taxes, fees and other charges for recording any agreements or documents with the Office of Patents and Trademarks, the Copyright Office or any other governmental authority, and the filing of UCC financing statements and continuations, and other actions to perfect, protect, and continue the security interests and liens of Agent and Lenders in the Collateral; (v) sums paid or incurred to pay any amount or take any action required of Borrowers under the Financing Agreements that Borrowers fail to pay or take; (vi) with respect to the Collateral, costs of appraisals appraisals, inspections and environmental audits verifications thereof (including allocated costs for in- house appraisals or environmental reviews)including, inspectionswithout limitation, travel, lodging, and verifications meals) and inspections of each Borrower’s operations by Agent, any Lender, Participants or their Agents, plus a charge of $750 per person per day for the Collateral (except not for field examiners of Agent, any audit or field examination charges Lender and expenses)any Participant; (vii) reasonable costs and expenses of forwarding loan proceeds, collecting checks and other items of payment, and establishing and maintaining payment accounts and lock boxes; (viii) costs and expenses of preserving and protecting the Collateral; and (ix) reasonable costs and expenses (including reasonable attorneys' and paralegals' fees and disbursements and allocated costs of in-house counsel) paid or incurred to obtain payment of the Obligations, enforce the security interests and liens of Agent and LendersAgent, sell or otherwise realize upon the Collateral, and otherwise enforce the provisions of this Agreement and the other Financing Agreements, or to defend any claims made or threatened against Agent and Lenders or any Lender arising out of the transactions contemplated hereby (including, without limitation, preparations for and consultations concerning any such matters). The foregoing shall not be construed to limit any other provisions of the Financing Agreements regarding costs and expenses to be paid by Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Doe Run Resources Corp)

Expenses and Additional Fees. (a) Each of Borrowers Borrower shall pay to Agent Lender on demand all reasonable costs and expenses that Agent and Lenders pay Lender pays or incur incurs in connection with the negotiation, preparation, consummation, administration, enforcement, enforcement and termination of this Agreement and the other Financing Agreements, including, without limitation: (i) reasonable attorneys' and paralegals' fees and disbursements of counsel to Agent and Lenders Lender and any Participant (including allocated costs of in-house counsel)Participant; (ii) reasonable costs and expenses (including reasonable attorneys' and paralegals' fees and disbursements, and allocated costs of in-house counsel) for any amendment, supplement, waiver, consent, or subsequent closing in connection with this Agreement and the other Financing Agreements and the transactions contemplated hereby and thereby; (iii) costs and expenses of lien and title searches and title insurance; (iv) taxes, fees and other charges for recording any agreements or documents with the Office of Patents and Trademarks, the Copyright Office or any other governmental authority, and the filing of UCC financing statements and continuations, and other actions to perfect, protect, and continue the security interests and liens of Agent and Lenders Lender in the Collateral; (v) sums paid or incurred to pay any amount or take any action required of Borrowers Borrower under the Financing Agreements that Borrowers fail Borrower fails to pay or take; (vi) costs of appraisals and appraisals, environmental audits (including allocated costs for in- house appraisals or environmental reviews)audits, inspections, inspections and verifications of the Collateral, including, without limitation, travel, lodging, and meals for inspections of the Collateral (except not and Borrower's operations by Lender or its agents, plus a charge of $500 per person per day for any audit or Lender's field examination charges and expenses)examiners; (vii) reasonable costs and expenses of forwarding loan proceeds, collecting checks and other items of payment, and establishing and maintaining payment accounts and lock boxes; (viii) costs and expenses of preserving and protecting the Collateral; and (ix) reasonable costs and expenses (including reasonable attorneys' and paralegals' fees and disbursements and allocated costs of in-house counseldisbursements) paid or incurred to obtain payment of the Obligations, enforce the security interests and liens of Agent and LendersLender, sell or otherwise realize upon the Collateral, and otherwise enforce the provisions of this Agreement and the other Financing Agreements, or to defend any claims made or threatened against Agent and Lenders Lender arising out of the transactions contemplated hereby and thereby (including, without limitation, preparations for and consultations concerning any such matters). The foregoing shall not be construed to limit any other provisions of the Financing Agreements regarding costs and expenses to be paid by BorrowersBorrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Am General Corp)

Expenses and Additional Fees. (a) Each of Borrowers Borrower shall pay to Agent on demand all reasonable costs and expenses that Agent and Lenders or any Lender may pay or incur in connection with the negotiation, preparation, consummation, administration, enforcement, and termination of this Agreement and the other Financing Agreements, including, without limitation: (i) reasonable attorneys' and paralegals' fees and disbursements of counsel to Agent and Agent, Lenders and any Participant (including allocated costs of in-house counsel)Participant; (ii) reasonable costs and expenses (including reasonable attorneys' and paralegals' fees and disbursements), and allocated costs of in-house counsel) for any amendment, supplement, waiver, consent, or subsequent closing in connection with the Financing Agreements and the transactions contemplated thereby; (iii) costs and expenses of lien and title searches and title insurance; (iv) taxes, fees and other charges for recording any agreements or documents with the Office of Patents and Trademarks, the Copyright Office or any other governmental authority, and the filing of UCC financing statements and continuations, and other actions to perfect, protect, and continue the security interests and liens of Agent and Lenders in the Collateral; (v) sums paid or incurred to pay any amount or take any action required of Borrowers Borrower under the Financing Agreements that Borrowers fail Borrower fails to pay or take; (vi) costs of appraisals and appraisals, environmental audits (including allocated costs for in- house appraisals or environmental reviews)audits, inspections, and verifications of the Collateral, including, without limitation, travel, lodging, and meals for inspections of the Collateral (except not and Borrower's operations by Agent, any Lender or their agents, plus a charge of $750 per person per day for the field examiners of Agent and any audit or field examination charges and expenses)Lender; (vii) reasonable costs and expenses of forwarding loan proceeds, collecting checks and other items of payment, and establishing and maintaining payment accounts and lock boxes; (viii) costs and expenses of preserving and protecting the Collateral; and (ix) reasonable costs and expenses (including reasonable attorneys' and paralegals' fees and disbursements and allocated costs of in-house counseldisbursements) paid or incurred to obtain payment of the Obligations, enforce the security interests and liens of Agent and LendersAgent, sell or otherwise realize upon the Collateral, and otherwise enforce the provisions of this Agreement and the other Financing Agreements, or to defend any claims made or threatened against Agent and Lenders or any Lender arising out of the transactions contemplated hereby (including, without limitation, preparations for and consultations concerning any such matters). The foregoing shall not be construed to limit any other provisions of the Financing Agreements regarding costs and expenses to be paid by BorrowersBorrower.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Salant Corp)

Expenses and Additional Fees. (a) Each of Borrowers shall pay to Agent on demand all reasonable costs and expenses that Agent and Lenders or any Lender may pay or incur in connection with the negotiation, preparation, consummation, administration, enforcement, and termination of this Agreement and the other Financing Agreements, including, without limitation: (i) reasonable attorneys' and paralegals' fees and disbursements of counsel to Agent and Agent, Lenders and any Participant (including allocated costs of in-house counsel)Participant; (ii) reasonable costs and expenses (including reasonable attorneys' and paralegals' fees and disbursements), and allocated costs of in-house counsel) for any amendment, supplement, waiver, consent, or subsequent closing in connection with the Financing Agreements and the transactions contemplated thereby; (iii) costs and expenses of lien and title searches and title insurance; (iv) taxes, fees and other charges for recording any agreements or documents with the Office of Patents and Trademarks, the Copyright Office or any other governmental authority, and the filing of UCC financing statements and continuations, and other actions to perfect, protect, and continue the security interests and liens of Agent and Lenders in the Collateral; (v) sums paid or incurred to pay any amount or take any action required of Borrowers any Borrower under the Financing Agreements that Borrowers fail such Borrower fails to pay or take; (vi) costs of appraisals and appraisals, environmental audits (including allocated costs for in- house appraisals or environmental reviews)audits, inspections, and verifications of the Collateral, including, without limitation, travel, lodging, and meals for inspections of the Collateral (except not and each Borrower's operations by Agent, any Lender or their agents, plus a charge of $750 per person per day for the field examiners of Agent and any audit or field examination charges and expenses)Lender; (vii) reasonable costs and expenses of forwarding loan proceeds, collecting checks and other items of payment, and establishing and maintaining payment accounts and lock boxes; (viii) costs and expenses of preserving and protecting the Collateral; and (ix) reasonable costs and expenses (including reasonable attorneys' and paralegals' fees and disbursements and allocated costs of in-house counseldisbursements) paid or incurred to obtain payment of the Obligations, enforce the security interests and liens of Agent and LendersAgent, sell or otherwise realize upon the Collateral, and otherwise enforce the provisions of this Agreement and the other Financing Agreements, or to defend any claims made or threatened against Agent and Lenders or any Lender arising out of the transactions contemplated hereby (including, without limitation, preparations for and consultations concerning any such matters). The foregoing shall not be construed to limit any other provisions of the Financing Agreements regarding costs and expenses to be paid by Borrowersany Borrower.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Salant Corp)

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Expenses and Additional Fees. (a) Each of Borrowers Borrower and Guarantors shall pay to Agent Lender on demand all reasonable costs and expenses that Agent and Lenders Lender may pay or incur in connection with the negotiation, preparation, consummation, administration, enforcement, and termination of this Agreement and the other Financing Agreements, including, without limitation: (i) reasonable attorneys' and paralegals' fees and disbursements of counsel to Agent and Lenders and any Participant Lender (including allocated costs of in-house counsel); , accountants, appraisers and other consultants, experts or advisors retained by Lender, (ii) reasonable costs and expenses (including reasonable attorneys' and paralegals' fees and disbursements, and allocated costs of in-house counsel) for any amendment, supplement, waiver, consent, or subsequent closing in connection connec- tion with the Financing Agreements and the transactions contemplated thereby; thereby (whether or not such amendment, supplement, waiver or consent is ever executed or delivered), (iii) costs and expenses of lien and title searches and title insurance; , (iv) taxes, fees and other charges for recording any agreements or documents with the Office of Patents and Trademarks, the Copyright Office or any other governmental authorityGovernmental Authority, and the filing of UCC financing statements and continuations, and other actions to perfect, protect, and continue the security interests and liens of Agent and Lenders Lender in the Collateral; , (v) sums paid or incurred to pay any amount or take any action required of Borrowers Borrower or any Guarantor under the Financing Agreements that Borrowers fail Borrower or such Guarantor fails to pay or take; , (vi) costs, fees and other charges of Ernst & Young in connection with the periodic reviews, audits and analysis of the compliance by Borrower and Guarantors with the Action Plan, (vii) costs of appraisals and appraisals, environmental audits (including allocated costs for in- house appraisals or environmental reviews)audits, inspections, and verifications of the Collateral and the Borrowing Base, including, without limitation, travel, lodging, and meals for inspections of the Collateral and the Borrowing Base, and the operations of Borrower or any Guarantor by Lender or its agents (except including any review thereof by a third party firm selected by Lender), plus a per person per day charge for the field examiners of Lender, provided, that, Lender and its agents shall not for conduct such inspections and field examinations more than six (6) times in any audit or field examination charges and expenses); twelve (vii12) reasonable month period prior to an Event of Default, (viii) costs and expenses of forwarding loan proceeds, collecting checks and other items of payment, and establishing and maintaining payment accounts and lock boxes; , (viiiix) costs and expenses of preserving and protecting the Collateral; , and (ixx) reasonable costs and expenses (including reasonable attorneys' and paralegals' fees and disbursements and allocated costs of in-house counsel) paid or incurred to obtain payment of the Obligations, enforce the security interests and liens of Agent and LendersLender, sell or otherwise realize upon the Collateral, and otherwise enforce the provisions of this Agreement and the other Financing Agreements, or to defend any claims made or threatened against Agent and Lenders Lender arising out of the transactions contemplated hereby (including, without limitation, preparations for and consultations concerning any such matters). The foregoing shall not be construed to limit any other provisions of the Financing Agreements regarding costs and expenses to be paid by BorrowersBorrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Health Fitness Physical Therapy Inc)

Expenses and Additional Fees. (a) Each of Borrowers Borrower shall pay to Agent Lender on demand all reasonable costs and expenses that Agent and Lenders Lender may pay or incur in connection with the negotiation, preparation, consummation, administration, enforcement, and termination of this Agreement and the other Financing Agreements, including, without limitation: (i) reasonable attorneys' and paralegals' fees and disbursements of counsel to Agent and Lenders Lender and any Participant (including allocated costs of in-house counsel); (ii) reasonable costs and expenses (including reasonable attorneys' and paralegals' fees and disbursements, and allocated costs of in-house counsel) for any amendment, supplement, waiver, consent, or subsequent closing in connection with the Financing Agreements and the transactions contemplated thereby; (iii) costs and expenses of lien and title searches and title insurance; (iv) taxes, fees and other charges for recording any agreements or documents with the Office of Patents and Trademarks, the Copyright Office or any other governmental authority, and the filing of UCC financing statements and continuations, and other actions to perfect, protect, and continue the security interests and liens of Agent and Lenders Lender in the Collateral; (v) sums paid or incurred to pay any amount or take any action required of Borrowers under the Financing Agreements that Borrowers fail to pay or take; (vi) with respect to the Collateral, costs of appraisals appraisals, inspections and environmental audits verifications thereof (including allocated costs for in- house appraisals or environmental reviews)including, inspectionswithout limitation, travel, lodging, and verifications meals) and inspections of each Borrower's operations by Lender, Participants or their agents, plus a charge of $650 per person per day for the Collateral (except not for field examiners of Lender and any audit or field examination charges and expenses)Participant; (vii) reasonable costs and expenses of forwarding loan proceeds, collecting checks and other items of payment, and establishing and maintaining payment accounts and lock boxes; (viii) costs and expenses of preserving and protecting the Collateral; and (ix) reasonable costs and expenses (including reasonable attorneys' and paralegals' fees and disbursements and allocated costs of in-house counsel) paid or incurred to obtain payment of the Obligations, enforce the security interests and liens of Agent and LendersLender, sell or otherwise realize upon the Collateral, and otherwise enforce the provisions of this Agreement and the other Financing Agreements, or to defend any claims made or threatened against Agent and Lenders Lender arising out of the transactions contemplated hereby (including, without limitation, preparations for and consultations concerning any such matters). The foregoing shall not be construed to limit any other provisions of the Financing Agreements regarding costs and expenses to be paid by Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Doe Run Peru Sr Ltda)

Expenses and Additional Fees. (a) Each of Borrowers and Guarantors shall pay to Agent Lender on demand all reasonable costs and expenses that Agent and Lenders pay Lender pays or incur incurs in connection with the negotiation, preparation, consummation, administration, enforcement, and termination of this Agreement and the other Financing Agreements, including, without limitation: (i) reasonable attorneys' and paralegals' fees and disbursements of counsel to Agent and Lenders Lender and any Participant (including allocated costs of in-house counsel)Participant; (ii) reasonable costs and expenses (including reasonable attorneys' and paralegals' fees and disbursements, and allocated costs of in-house counsel) for any amendment, supplement, waiver, consent, or subsequent closing in connection with the Financing Agreements and the transactions contemplated thereby; (iii) costs and expenses of lien and title searches and title insurancesearches; (iv) taxes, fees and other charges for recording the Mortgages or any agreements or documents with the United States Office of Patents and Trademarks, the Copyright The United States Office of Copyrights or any other governmental authority, and the filing of UCC financing statements and continuations, and other actions to perfect, protect, and continue the security interests and liens of Agent and Lenders Lender in the Collateral and/or Guarantor Collateral; (v) sums paid or incurred to pay any amount or take any action required of Borrowers and/or any Guarantors under the Financing Agreements that Borrowers and/or any Guarantors fail to pay or take; (vi) costs of appraisals and appraisals, environmental audits (including allocated costs for in- house appraisals or environmental reviews)audits, inspections, and verifications of the Collateral and/or Guarantor Collateral, including, without limitation, travel and lodging, plus a per diem charge at a rate of Six Hundred Dollars (except not $600) per person for periodic field examinations of the Collateral and/or Guarantor Collateral and Borrowers' and/or any audit Guarantor's operations by Lender, or field examination charges and expenses)its agents; (vii) reasonable costs and expenses of forwarding loan proceeds, collecting checks and other items of payment, and establishing and maintaining payment accounts Blocked Accounts including, without limitation, wire transfer fees and lock boxescheck dishonor fees; (viii) costs and expenses of preserving and protecting the Collateral and/or Guarantor Collateral; (ix) costs and expenses and fees for title insurance and other insurance premiums, environmental audits, surveys, assessments, engineering reports and inspections, appraisal fees and search fees; and (ixx) reasonable costs and expenses (including reasonable attorneys' and paralegals' fees and disbursements and allocated costs of in-house counseldisbursements) paid or incurred to obtain payment of the Obligations- 112 - 118 Obligations of Borrowers and/or Guarantors, enforce the security interests and liens of Agent and LendersLender, sell or otherwise realize upon the Collateral and/or Guarantor Collateral, and otherwise enforce the provisions of this Agreement and the other Financing AgreementsAgreements (including, without limitation, premiums on bonds and undertakings, fees of marshals, sheriffs, custodians, auctioneers and others, travel expenses and all court costs and collection charges), or to defend any claims made or threatened against Agent and Lenders Lender arising out of the transactions contemplated hereby (including, without limitation, preparations for and consultations concerning any such matters). The foregoing shall not be construed to limit any other provisions of the Financing Agreements regarding costs and expenses to be paid by BorrowersBorrowers and/or Guarantors.

Appears in 1 contract

Samples: Loan and Security Agreement (Hanover Direct Inc)

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