Expenses and Advances. Borrower shall pay all reasonable appraisal, recording, filing, registration, brokerage (exclusive of any brokerage fees or commissions incurred solely by Lender), abstract, title insurance (including premiums), title searches and examinations, surveys and similar data and assurances with respect to title, U.C.C. search, escrow, attorneys’ (both in-house staff and retained attorneys, except that payment would not be required for in house staff for routine loan servicing performed in the ordinary course of business and for the performance of which Lender is not routinely reimbursed by other borrowers in the ordinary course of Lender’s business), engineers’, environmental engineers’, environmental testing, and architects’ fees, costs (including travel), expenses, and disbursements incurred by Borrower or Lender and reasonable fees charged by Lender in connection with the granting, closing (except that payment would not be required for in house staff for the granting and closing of the Loan), servicing (other than routine loan servicing performed in the ordinary course of business and for the performance of which Lender is not routinely reimbursed by other borrowers in the ordinary course of Lender’s business), and enforcement of (a) the Loan and the Documents or (b) attributable to Borrower as owner of the Property. The term “Costs” shall mean any of the foregoing incurred in connection with (a) any default by Borrower under the Documents, (b) the routine (other than routine loan servicing performed in the ordinary course of business and for the performance of which Lender is not routinely reimbursed by other borrowers in the ordinary course of Lender’s business) servicing of the Loan in response to requests by Borrower, or (c) the exercise, enforcement, compromise, defense, litigation, or settlement of any of Lender’s rights or remedies under the Documents or relating to the Loan or the Obligations. If Borrower fails to pay any amounts or perform any actions required under the Documents, Lender may (but shall not be obligated to) advance sums to pay such amounts or perform such actions. Borrower grants Lender the right to enter upon and take possession of the Property to prevent or remedy any such failure and the right to take such actions in Borrower’s name. No advance or performance shall be deemed to have cured a default by Borrower. All (a) sums advanced by or payable to Lender per this Section or under applicable Laws, (b) except as expressly provided ...
Expenses and Advances. Borrower shall pay all reasonable appraisal, recording, filing, registration, brokerage, abstract, title insurance (including premiums), U.C.C. search, escrow, attorneys' (both in-house staff and retained attorneys), engineers', environmental engineers', environmental testing, and architects' fees, costs (including travel), expenses, and disbursements incurred by Borrower or Lender in connection with the granting, closing, servicing, and enforcement of (a) the Loan and Documents or (b) attributable to Borrower as owner of the Property. The term "COSTS" shall mean any of the foregoing incurred in connection with (a) any default by Borrower under the Documents, (b) the servicing of the Loan, or (c) the exercise, enforcement, compromise, defense, litigation, or settlement of any of Lender's rights or remedies under the Documents or relating to the Loan or the Obligations. If Borrower fails to pay any amounts or perform any actions required under the Documents, Lender may (but shall not be obligated to) advance sums to pay such amounts or perform such actions. Borrower grants Lender the right to enter upon and take possession of the Property to prevent or remedy any such failure and the right to take such actions in Borrower's name. No advance or performance shall be deemed to have cured a default by Borrower. All (a) sums advanced by or payable to Lender per this Section or under applicable Laws, (b) except as expressly provided in the Documents, payments due under the Documents which are not paid in full when due, and (c) all Costs, shall: (i) be deemed demand obligations, (ii) bear interest at the applicable interest rate specified in the Note, which shall be the Default Rate unless prohibited by Laws, until paid if not paid on demand, (iii) be part of, together with such interest, the Obligations , and (iv) be secured by the Documents. Lender, upon making any such advance, shall also be subrogated to rights of the person receiving such advance.
Expenses and Advances. 6.1 Subject to Clause 6.2, the Company is under no obligation to pay for the Model’s expenses and any expenses paid by the Company (in its discretion) on behalf of the Model shall be deducted from the Model Fee.
6.2 The Company is under no obligation to provide an Advance to the Model but the Model may request an Advance and the Company may make an Advance to the Model in its absolute discretion. As a rule a maximum of only 50% of, credit checked, UK client debts will be advanced. Foreign clients, buy-outs or London Fashion Week clients will NOT be advanced.
6.3 All outstanding Advance balances shall be payable upon the termination of this Agreement and in any event within ninety (90) days of the date that the Advance was provided by the Company to the Model unless otherwise agreed in writing between the Parties.
6.4 An Advance to the Model against an account receivable constitutes a debt that the Model owes to the Company. The Model shall pay the Advance if the relevant account receivable has not been collected within ninety (90) days (or at such longer periods as has been agreed between the parties in writing), the Advance shall be deducted from the collected Gross Income received by the Company.
6.5 The Model shall pay [●]% or the relevant sums shall be deducted from the Model Fee, of any expenses incurred as a result of the engagement of any collection agencies or law firms for the purpose of recovering Agreed Fees from clients.
6.6 In the event that the Model’s Gross Income is insufficient to cover an Advance made to the Model, the Model acknowledges and agrees that it is the Model’s responsibility to repay the Company the total amount of any sum of the Advance that may be outstanding.
Expenses and Advances. 19 SECTION 4.02 SUBROGATION.........................................................................19
Expenses and Advances. 22 6.2 Subrogation.............................................................................................23
Expenses and Advances.
5.1 Subject to Clause 5.2, the Company is under no obligation to pay for the Talent’s expenses and any expenses paid by the Company (in its discretion) on behalf of the Talent shall be deducted from the Talent Fee.
5.2 The Company is under no obligation to provide an Advance to the Talent but the Talent may request an Advance and the Company may make an Advance to the Talent in its absolute discretion. As a rule a maximum of only 50% of, credit checked, UK client debts will be advanced. Foreign clients, buy-outs or London Fashion Week clients will NOT be advanced.
5.3 All outstanding Advance balances shall be payable upon the termination of this Agreement and in any event within ninety (90) days of the date that the Advance was provided by the Company to the Talent unless otherwise agreed in writing between the Parties.
5.4 An Advance to the Talent against an account receivable constitutes a debt that the Talent owes to the Company. The Talent shall pay the Advance if the relevant account receivable has not been collected within ninety (90) days (or at such longer periods as has been agreed between the parties in writing), the Advance shall be deducted from the collected Gross Income received by the Company.
5.5 The Talent shall pay his or her % share or the relevant sums shall be deducted from the Talent Fee, of any expenses incurred as a result of the engagement of any collection agencies or law firms for the purpose of recovering Agreed Fees from clients.
5.6 In the event that the Talent’s Gross Income is insufficient to cover an Advance made to the Talent, the Talent acknowledges and agrees that it is the Talent’s responsibility to repay the Company the total amount of any sum of the Advance that may be outstanding.
Expenses and Advances. (a) In addition to any payments specified in the Loan Documents, Borrower shall pay, on demand, all fees, charges, costs, expenses, and disbursements incurred by Lender, Borrower and/or Trustee in connection with the following:
(i) any amendment to, or consent, approval or waiver required or requested by Borrower under this Instrument or any of the other Loan Documents (whether or not any such amendment, consent, approval or waiver is entered into or granted);
(ii) defending or participating in any Proceeding arising from actions by third parties and brought against or involving Lender with respect to: (1) the Property; (2) any event, act, condition, or circumstance in connection with the Property; or (3) the relationship between or among, Lender, Trustee, Borrower and Principals in connection with this Instrument or any of the other Loan Documents or any of the transactions contemplated by this Instrument or any of the other Loan Documents;
(iii) the administration or enforcement of, or preservation of rights or remedies under this Instrument or any of the other Loan Documents, including or in connection with any sale, Transfer, lease, or other encumbrance of the Property or any interest therein, any transfer of any of the Obligations, Proceedings, and/or the foreclosure, sale or transfer by deed-in-lieu of foreclosure of the Property pursuant to this Instrument or any of the other Loan Documents; and
(iv) the occurrence of an Insolvency Event or if any Bankruptcy Proceeding is instituted by or against Borrower, any of the Principals, Principal General Partner, REIT or any other REIT Subsidiary (other than by Lender), provided, however, that in the case of any other REIT Subsidiary, the Insolvency Event or Bankruptcy Proceedings with respect to such REIT Subsidiary results in a substantive consolidation with Borrower.
(b) During the continuance of an Event of Default, or at such other time that Lender determines that there exists an imminent threat of injury to persons or property or Lender’s security, if Borrower fails to pay any amounts or perform any actions required under the Loan Documents, then Lender or Trustee may (but shall not be obligated to) advance sums to pay such amounts or perform such actions. During the continuance of an Event of Default, or at such other time that Lender determines that there exists an imminent threat of injury to persons or property or Lender’s security, Lender and Trustee shall have the right to enter upon and take po...
Expenses and Advances a. The Agency is under obligation to pay the Model's expenses and any such expenses paid by the Agency on the Model's behalf shall be deducted from the Model's fee provided the Agency shows proof of such expenses.
b. Agency shall be responsible for Model's expenses unless paid for by the client in the case of bookings such as travels, lodging, entertainment, wardrobe or make up.
Expenses and Advances. In the event of any foreclosure on the Collateral pursuant to Section 7 hereof, first to the payment of all reasonable expenses, out-of-pocket costs and advances made or incurred by the Pledgee in connection with such foreclosure;
Expenses and Advances. 19 SECTION 4.02 SUBROGATION.........................................................................20 ARTICLE V SALE, TRANSFER, OR ENCUMBRANCE OF THE PROPERTY......................................20 SECTION 5.01 DUE-ON-SALE OR ENCUMBRANCE..........................................................20 SECTION 5.02 PERMITTED TRANSFER..................................................................21 SECTION 5.03 PERMITTED (ONE TIME) TRANSFER.......................................................21
