Common use of Expenses; Taxes; Attorneys’ Fees Clause in Contracts

Expenses; Taxes; Attorneys’ Fees. The Borrowers agree to pay or cause to be paid and to save the Lender harmless against liability for the payment of all reasonable out-of-pocket expenses, including, but not limited to fees and expenses of counsel and paralegals for the Lender, incurred by the Lender from time to time (i) arising in connection with the preparation, execution, delivery and performance of this Agreement, the Notes and the other Loan Documents, (ii) relating to any requested amendments, waivers or consents to this Agreement, the Notes or any of the other Loan Documents, (iii) arising in connection with the Lender's enforcement or preservation of rights under this Agreement, the Notes or any of the other Loan Documents, including but not limited to such expenses as may be incurred by the Lender in the collection of the outstanding principal amount of the Lender, and (iv) arising in connection with any case under the Bankruptcy Code filed by or against the Borrowers. The Borrowers agree to pay all stamp, document, transfer, recording or filing taxes or fees and similar impositions now or in the future determined by the Lender to be payable in connection with this Agreement, the Notes or any other Loan Document. The Borrowers agree to save the Lender harmless from and against any and all present or future claims, liabilities or losses with respect to or resulting from any omission to pay or delay in paying any such taxes, fees or impositions. In the event of termination adverse to the Borrowers of any action at law or suit in equity in relation to this Agreement, the Notes or the other Loan Documents, the Borrowers will pay, in addition to all other sums which the Borrowers may be required to pay, a reasonable sum for attorneys' and paralegals' fees incurred by the Lender or the holder of the Notes in connection with such action or suit. All payments due from the Borrowers under this Section will be added to and become part of the Loans until paid in full.

Appears in 2 contracts

Samples: Loan Agreement (Uni Marts Inc), Shortfall Loan Agreement (Uni Marts Inc)

AutoNDA by SimpleDocs

Expenses; Taxes; Attorneys’ Fees. The Borrowers agree Guarantor agrees to pay or cause to be paid and to save the Lender harmless against liability for the payment of all reasonable out-of-pocket expenses, including, but not limited to including reasonable fees and expenses of counsel and paralegals for the Lender, incurred by the Lender from time to time time, (i) arising in connection with the preparation, execution, delivery and performance of this Agreement, the Notes and the Guaranty or any other Loan DocumentsDocument, (ii) relating to any requested amendments, waivers or consents to this Agreement, the Notes Guaranty or any of the other Loan Documents, Document and (iii) arising in connection with the Lender's enforcement or preservation of rights under this Agreement, the Notes Guaranty or any of the other Loan DocumentsDocument, including but not limited (iv) in defense of any claim relating to such expenses as may be incurred by or affecting any Loan Document, (v) the Lender perfection of any liens on or security interests in any collateral for the Note or this Guaranty, and (vi) the preservation, care and custody of any collateral for the Note or this Guaranty and the collection of the outstanding principal amount of the Lender, and (iv) arising in connection with any case under the Bankruptcy Code filed by insurance proceeds or against the Borrowerscondemnation awards related thereto. The Borrowers agree Guarantor agrees to pay all stamp, document, transfer, recording or filing taxes or fees and similar impositions now or in the future hereafter determined by the Lender to be payable in connection with this Agreement, the Notes Guaranty or any other Loan Document. The Borrowers agree to save Documents, and the Guarantor hereby indemnifies and saves the Lender harmless from and against any and all present or future claims, liabilities or losses with respect to or resulting from any omission to pay or delay in paying any such taxes, fees or impositions. In All amounts payable by the event of termination adverse to the Borrowers of any action at law or suit in equity in relation to Guarantor under this Agreement, the Notes or the other Loan Documents, the Borrowers will pay, in addition to all other sums which the Borrowers may paragraph shall be required to pay, a reasonable sum for attorneys' and paralegals' fees incurred paid within five (5) days after demand by the Lender or with interest, until paid, at the holder Default Rate, if any, specified in the Note or, otherwise, at the rate of interest provided in the Notes in connection with such action or suit. All payments due from the Borrowers under this Section will be added to and become part of the Loans until paid in fullNote.

Appears in 2 contracts

Samples: Guaranty and Suretyship Agreement (Medical Technology & Innovations Inc /Fl/), Guaranty and Suretyship Agreement (Medical Technology & Innovations Inc /Fl/)

Expenses; Taxes; Attorneys’ Fees. The Borrowers agree to pay or cause to be paid and to save the Lender Bank harmless against liability for the payment of all reasonable out-of-pocket expenses, expenses including, but not limited to to, reasonable fees and expenses of both internal and external counsel and paralegals for the LenderBank, incurred by the Lender Bank from time to time (i) arising in connection with the preparation, execution, delivery and performance of this Agreement, the Notes and the other Loan Documents, (ii) relating to any requested amendments, waivers or consents to this Agreement, the Notes or any of the other Loan Documents, Documents and (iii) arising in connection with the Lender's Bank’s enforcement or preservation of rights under this Agreement, the Notes or any of the other Loan DocumentsDocuments including, including but not limited to to, such expenses as may be incurred by the Lender Bank in the collection of the outstanding principal amount of the Lender, and (iv) arising in connection with any case under the Bankruptcy Code filed by or against the BorrowersLoans. The Borrowers agree to pay all stamp, document, transfer, recording or filing taxes or fees and similar impositions now or in the future determined in good faith by the Lender Bank to be payable in connection with this Agreement, the Notes or any other Loan Document. The Borrowers agree to save the Lender Bank harmless from and against any and all present or future claims, liabilities or losses with respect to or resulting from any omission to pay or delay in paying any such taxes, fees or impositions. In the event of termination a determination adverse to the Borrowers of any action at law Law or suit in equity in relation to this Agreement, the Notes or the other Loan Documents, the Borrowers will pay, in addition to all other sums which the Borrowers may be required to pay, a reasonable sum for attorneys' and paralegals' fees incurred by the Lender Bank or the holder of the Notes any Note in connection with such action or suit. All payments due from the Borrowers under this Section 8.05 will be added to and become part of the Loans Debt until paid in full.

Appears in 2 contracts

Samples: Loan Agreement (Mastech Holdings, Inc.), Loan Agreement (Mastech Holdings, Inc.)

Expenses; Taxes; Attorneys’ Fees. The Borrowers agree to pay or cause to be paid and to save the Lender Bank harmless against liability for the payment of all reasonable out-of-pocket expenses, expenses including, but not limited to to, reasonable fees and expenses of both internal and external counsel and paralegals for the LenderBank, incurred by the Lender Bank from time to time (i) arising in connection with the preparation, execution, delivery and performance of this Agreement, the Notes and the other Loan Documents, (ii) relating to any requested amendments, waivers or consents to this Agreement, the Notes or any of the other Loan Documents, Documents and (iii) arising in connection with the Lender's Bank’s enforcement or preservation of rights under this Agreement, the Notes or any of the other Loan DocumentsDocuments including, including but not limited to to, such expenses as may be incurred by the Lender Bank in the collection of the outstanding principal amount of the Lender, and (iv) arising in connection with any case under the Bankruptcy Code filed by or against the BorrowersLoans. The Borrowers agree to pay all stamp, document, transfer, recording or filing taxes or fees and similar impositions now or in the future determined in good faith by the Lender Bank to be payable in connection with this Agreement, the Notes or any other Loan Document. The Borrowers agree to save the Lender Bank harmless from and against any and all present or future claims, liabilities or losses with respect to or resulting from any omission to pay or delay in paying any such taxes, fees or impositions. In the event of termination a determination adverse to the Borrowers of any action at law Law or suit in equity in relation to this Agreement, the Notes or the other Loan Documents, the Borrowers will pay, in addition to all other sums which the Borrowers may be required to pay, a reasonable sum for attorneys' and paralegals' fees incurred by the Lender Bank or the holder of the Notes any Note in connection with such action or suit. All payments due from the Borrowers under this Section will be added to and become part of the Loans Debt until paid in full.

Appears in 2 contracts

Samples: Loan Agreement (Mastech Holdings, Inc.), Loan Agreement (Igate Corp)

Expenses; Taxes; Attorneys’ Fees. The Borrowers agree to pay or cause to be paid and to save the Lender Bank harmless against liability for the payment of all reasonable out-of-pocket expenses, including, but not limited to reasonable fees and expenses of counsel and paralegals for the LenderBank, incurred by the Lender Bank from time to time (i) arising in connection with the preparation, execution, delivery and performance of this Agreement, the Notes and the other Loan Documents, (ii) relating to any requested amendments, waivers or consents to this Agreement, the Notes or any of the other Loan Documents, Documents and (iii) arising in connection with the LenderBank's enforcement or preservation of rights under this Agreement, the Notes or any of the other Loan DocumentsDocuments including, including but not limited to to, such expenses as may be incurred by the Lender Bank in the collection of the outstanding principal amount of the Lender, and (iv) arising in connection with any case under the Bankruptcy Code filed by or against the BorrowersLoans. The Borrowers agree to pay all stamp, document, transfer, recording or filing taxes or fees and similar impositions now or in the future determined by the Lender Bank to be payable in connection with this Agreement, the Notes or any other Loan Document. The Borrowers agree to save the Lender Bank harmless from and against any and all present or future claims, liabilities or losses with respect to or resulting from any omission to pay or delay in paying any such taxes, fees or impositions. In the event of termination a determination adverse to the Borrowers a Borrower of any action at law or suit in equity in relation to this Agreement, the Notes or the other Loan Documents, the Borrowers will pay, in addition to all other sums which the Borrowers may be required to pay, a reasonable sum for attorneys' attorneys and paralegals' paralegals fees incurred by the Lender Bank or the holder of the Notes in connection with such action or suit. All payments due from the Borrowers under this Section will be added to and become part of the Loans until paid in full.

Appears in 2 contracts

Samples: Loan Agreement (Baker Michael Corp), Loan Agreement (Baker Michael Corp)

Expenses; Taxes; Attorneys’ Fees. The Borrowers agree to Maker will pay on demand, all costs and expenses incurred by or cause to be paid and to save the Lender harmless against liability for the payment on behalf of all each Payee, including reasonable out-of-pocket expensesfees, includingcosts, but not limited to fees client charges and expenses of a single counsel and paralegals selected by the Majority Payees for the Lendercollective interests of the Payees, incurred by accounting, due diligence, periodic field audits, physical counts, valuations, investigations, searches and filings, monitoring of assets, appraisals of Collateral, title searches and reviewing environmental assessments, miscellaneous disbursements, examination, travel, lodging and meals, arising from or relating to: (a) the Lender from time to time (i) arising in connection with the negotiation, preparation, execution, delivery delivery, performance and performance administration of this Agreement, the Notes Note and the any other Loan DocumentsSenior Subordinated Note Document, (iib) relating to any requested amendments, waivers or consents to this Agreement, the Notes Note or any other Senior Subordinated Note Document whether or not such documents become effective or are given, (c) the preservation and protection of any Payee’s rights under this Note or any other Senior Subordinated Note Document, (d) the defense of any claim or action asserted or brought against any Payee by any Person that arises from or relates to this Note or any other Senior Subordinated Note Document or any Payee’s claims against the Maker or any Guarantor, or any and all matters in connection therewith, (e) the commencement or defense of, or intervention in, any court proceeding arising from or related to this Note or any other Senior Subordinated Note Document, (f) the filing of any petition, complaint, answer, motion or other pleading by any Payee, or the taking of any action in respect of the Collateral or other Loan Documentssecurity, in connection with this Note or any other Senior Subordinated Note Document, (iiig) the protection, collection, lease, sale, taking possession of or liquidation of, any Collateral or other security in connection with this Note or any other Senior Subordinated Note Document, (h) any attempt to enforce any lien or security interest in any Collateral or other security in connection with this Note or any other Senior Subordinated Note Document, (i) any attempt to collect from the Maker or any Guarantor, (j) all liabilities and costs arising from or in connection with the Lender's enforcement past, present or preservation future operations of rights under this Agreementthe Maker or any Guarantor involving any damage to real or personal property or natural resources or harm or injury alleged to have resulted from any release of hazardous materials on, upon or into such property, or (k) the Notes or receipt by any Payee of any advice from professionals with respect to any of the other Loan Documents, including but not limited to such expenses as may be incurred by the Lender in the collection foregoing. Without limitation of the outstanding principal amount foregoing or any other provision of any Senior Subordinated Note Document: (x) the Lender, and (iv) arising in connection with any case under the Bankruptcy Code filed by or against the Borrowers. The Borrowers agree Maker agrees to pay all stamp, document, transfer, recording or filing taxes or fees and similar impositions now or in the future hereafter determined by the Lender any Payee to be payable in connection with this Agreement, the Notes Note or any other Loan Senior Subordinated Note Document. The Borrowers agree , and the Maker agrees to save the Lender each Payee harmless from and against any and all present or future claims, liabilities or losses with respect to or resulting from any omission to pay or delay in paying any such taxes, fees or impositions. In , (y) the event of termination adverse Maker agrees to the Borrowers of any action at law or suit in equity in relation to this Agreement, the Notes or the other Loan Documents, the Borrowers will pay, in addition to pay all other sums which the Borrowers broker fees that may be required to pay, a reasonable sum for attorneys' and paralegals' fees incurred by the Lender or the holder of the Notes become due in connection with the transactions contemplated by this Note and the other Senior Subordinated Note Documents, and (z) if the Maker fails to perform any covenant or agreement contained herein or in any other Senior Subordinated Note Document, the Payee may itself perform or cause performance of such action covenant or suit. All payments due from agreement, and the Borrowers under this Section will be added to and become part expenses of the Loans until paid Payee incurred in fullconnection therewith shall be reimbursed on demand by the Maker.

Appears in 2 contracts

Samples: Loud Technologies Inc, Loud Technologies Inc

Expenses; Taxes; Attorneys’ Fees. The Borrowers agree to pay or cause to be paid and to save the Lender Agent and the Banks harmless against liability for the payment of all reasonable out-of-pocket expenses, including, but not limited to reasonable fees and expenses of counsel and paralegals for the LenderAgent and the Banks, incurred by the Lender Agent and the Banks from time to time (i) arising in connection with the preparation, execution, delivery and performance of this Agreement, the Notes and the other Loan Documents, (ii) relating to any requested amendments, waivers or consents to this Agreement, the Notes or any of the other Loan Documents, Documents and (iii) arising in connection with the LenderAgent's and the Banks' enforcement or preservation of rights under this Agreement, the Notes or any of the other Loan DocumentsDocuments including, including but not limited to to, such expenses as may be incurred by the Lender Agent and the Banks in the collection of the outstanding principal amount of the Lender, and (iv) arising in connection with any case under the Bankruptcy Code filed by or against the BorrowersLoans. The Borrowers agree to pay all stamp, document, transfer, recording or filing taxes or fees and similar impositions now or in the future determined by the Lender Agent and the Banks to be payable in connection with this Agreement, the Notes or any other Loan Document. The Borrowers agree to save the Lender Agent and the Banks harmless from and against any and all present or future claims, liabilities or losses with respect to or resulting from any omission to pay or delay in paying any such taxes, fees or impositions. In the event of termination a determination adverse to the Borrowers a Borrower of any action at law or suit in equity in relation to this Agreement, the Notes or the other Loan Documents, the Borrowers will pay, in addition to all other sums which the Borrowers may be required to pay, a reasonable sum for attorneys' attorneys and paralegals' paralegals fees incurred by the Lender Agent and the Banks or the holder of the Notes in connection with such action or suit. All payments due from the Borrowers under this Section will be added to and become part of the Loans until paid in full.

Appears in 2 contracts

Samples: Loan Agreement (Baker Michael Corp), Loan Agreement (Baker Michael Corp)

Expenses; Taxes; Attorneys’ Fees. The Borrowers Borrower Parties agree to pay or cause to be paid and to save the Lender harmless against liability for the payment of all reasonable out-of-pocket expenses, expenses including, but not limited to to, fees and expenses of counsel and paralegals for the Lender, incurred by the Lender from time to time (i) arising in connection with the preparation, execution, delivery and performance of this Agreement, the Notes and the other Loan Documents, (ii) relating to any requested amendments, waivers or consents to this Agreement, the Development Notes or any of the other Loan Documentssuch documents or instruments and, (iiiii) arising in connection with the Lender's ’s enforcement or preservation of rights under this Agreement, Agreement and the Development Notes or any of the other Loan Documentssuch documents or instruments including, including but not limited to to, such expenses as may be incurred by the Lender in the collection of the outstanding principal amount of the Lender, and (iv) arising in connection with any case under the Bankruptcy Code filed by or against the BorrowersDevelopment Notes. The Borrowers Borrower Parties agree to pay all stamp, document, transfer, recording or filing taxes or fees and similar impositions now or in the future hereafter determined by the Lender to be payable in connection with this Agreement, the Development Notes or any other Loan Document. The Borrowers documents, instruments or transactions pursuant to or in connection herewith, and the Borrower Parties agree to save the Lender harmless from and against any and all present or future claims, liabilities or losses with respect to or resulting from any omission to pay or delay in paying any such taxes, fees or impositions. In the event of termination adverse a determination adversely to the Borrowers Borrower Parties of any action at law or suit in equity in relation to this Agreement, the Notes Development Notes, or the other any Loan DocumentsDocument, the Borrowers Borrower Parties will pay, in addition to all other sums which the Borrowers Borrower Parties may be required to pay, a reasonable sum for attorneys' and paralegals' attorney’s fees incurred by the Lender or the holder of the Notes such Note in connection with such action or suit. All payments due from the Borrowers Borrower Parties under this Section will 8.06 shall be added to and become part of the Loans Development Notes, as applicable, until paid in full.

Appears in 2 contracts

Samples: Credit Agreement (Shepherd's Finance, LLC), Credit Agreement (Shepherd's Finance, LLC)

Expenses; Taxes; Attorneys’ Fees. The Borrowers agree Borrower agrees to pay or cause to be paid and to save save: (a) the Lender Agent harmless against liability for the payment of all reasonable out-of-pocket expenses, including, but not limited to reasonable fees and expenses of counsel and paralegals for the LenderAgent, incurred by the Lender Agent from time to time (i) arising in connection with the preparation, execution, delivery and performance of this Agreement, the Notes and the other Loan Documents, Documents and (ii) relating to any requested amendments, waivers or consents to this Agreement, the Notes or any of the other Loan DocumentsDocuments and (b) the Agent, (iii) Issuing Bank, Swing Line Lender and the Banks harmless against liability for the payment of all reasonable out-of-pocket expenses, including, but not limited to reasonable fees and expenses of counsel and paralegals for the Agent, Issuing Bank, Swing Line Lender and the Banks, incurred by the Agent, Issuing Bank, Swing Line Lender and/or the Banks from time to time arising in connection with the Agent's, Issuing Bank's, Swing Line Lender's and/or the Banks' enforcement or preservation of rights under this Agreement, the Notes or any of the other Loan DocumentsDocuments including, including but not limited to to, such expenses as may be incurred by the Agent, Issuing Bank, Swing Line Lender and/or the Banks in the collection of the outstanding principal amount of the Lender, and (iv) arising in connection with any case under the Bankruptcy Code filed by or against the BorrowersLoans. The Borrowers agree Borrower agrees to pay all stamp, document, transfer, recording or filing taxes or fees and similar impositions now or in the future determined by the Lender to be Other Taxes payable in connection with this Agreement, the Notes or any other Loan Document, in accordance with applicable Law. The Borrowers agree Borrower agrees to save the Agent, Issuing Bank, Swing Line Lender and the Banks harmless from and against any and all present or future claims, liabilities or losses with respect to or resulting from any omission to pay or delay in paying any such taxes, fees or impositionsOther Taxes. In the event of termination a determination adverse to the Borrowers Borrower of any action at law Law or suit in equity in relation to this Agreement, the Notes or the other Loan Documents, the Borrowers Borrower will pay, in addition to all other sums which the Borrowers Borrower may be required to pay, a reasonable sum for attorneys' attorneys and paralegals' paralegals fees incurred by the Agent, Issuing Bank, Swing Line Lender and the Banks or the holder of the Notes in connection with such action or suit. All payments due from the Borrowers under this Section will be added to and become part of the Loans until paid in full. The agreements in this section shall survive the termination of the Commitments and repayment of all other Indebtedness hereunder or under the other Loan Documents.

Appears in 2 contracts

Samples: Loan Agreement (Matthews International Corp), Loan Agreement (Matthews International Corp)

Expenses; Taxes; Attorneys’ Fees. The Borrowers agree Borrower agrees to pay or cause to be paid and to save the Lender Bank harmless against liability for the payment of all reasonable out-of-pocket expenses, including, but not limited to fees and expenses of counsel and paralegals for the LenderBank, incurred by the Lender Bank from time to time (i) arising in connection with the preparation, execution, delivery and performance of this Agreement, the Notes and the other Loan Documents, the insurance fees and expenses, real estate appraisal costs and environmental audit fees and expenses, (ii) relating to any requested amendments, waivers or consents to this Agreement, the Notes or any of the other Loan Documents, (iii) arising in connection with the Lender's Bank’s enforcement or preservation of rights under this Agreement, the Notes or any of the other Loan Documents, including but not limited to such expenses as may be incurred by the Lender Bank in the collection of the outstanding principal amount of the Lender, Bank and (iv) arising in connection with any case under the Bankruptcy Code filed by or against either of the BorrowersBorrower. The Borrowers agree Borrower agrees to pay all stamp, document, transfer, recording or filing taxes or fees and similar impositions now or in the future determined by the Lender Bank to be payable in connection with this Agreement, the Notes or any of the other Loan DocumentDocuments. The Borrowers agree Borrower agrees to save the Lender Bank harmless from and against any and all present or future claims, liabilities or losses with respect to or resulting from any omission to pay or delay in paying any such taxes, fees or impositions. In the event of termination adverse to the Borrowers Borrower of any action at law or suit in equity in relation to this Agreement, the Notes or any of the other Loan Documents, the Borrowers Borrower will pay, in addition to all other sums which the Borrowers Borrower may be required to pay, a reasonable sum for attorneys' and paralegals' fees incurred by the Lender Bank or the holder of the Notes in connection with such action or suit. All payments due from the Borrowers Borrower under this Section will be added to and become part of the Loans until paid in full.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Ipec Holdings Inc)

Expenses; Taxes; Attorneys’ Fees. (a) The Borrowers agree to pay or cause to be paid and to save the Lender Bank harmless against liability for the payment of all reasonable out-of-pocket expenses, including, including but not limited to fees and expenses of counsel and paralegals for the LenderBank, incurred by the Lender Bank from time to time and (ia) arising in connection with the preparation, execution, delivery and performance of this Agreement, the Notes Notes, a Letter of Credit and the other Loan Documents, (iib) relating to any requested amendments, waivers or consents to this Agreement, the Notes Notes, a Letter of Credit or any of the other Loan DocumentsDocument, (iiic) arising in connection with the LenderBank's enforcement or preservation of rights under this Agreement, the Notes Notes, a Letter of Credit or any of the other Loan DocumentsDocument, including but not limited to such expenses as may be incurred by the Lender Bank in the collection of the outstanding principal amount Notes and any litigation, proceeding, dispute or so-called "workout" in any way related to the Loans, a Letter of the Lender, and (iv) arising in connection with any case under the Bankruptcy Code filed by Credit or against the Borrowersa Letter of Credit Reimbursement Obligations. The Borrowers hereby agree to pay indemnify the Bank from and hold each of them harmless against any and all stamplosses, documentliabilities, transferclaims, recording damages or filing taxes expenses incurred by any of them arising out of or fees by reason of any investigation, litigation or other proceeding related to any use or proposed use of the proceeds of any Loans or a Letter of Credit or the Borrowers' entry into and similar impositions now or in the future determined by the Lender to be payable in connection with performance of this Agreement, the Notes or any other Loan Document. The Borrowers agree to save the Lender harmless from and against Document (but excluding any and all present or future such losses, liabilities, claims, liabilities damages or losses with respect to or resulting from any omission to pay or delay in paying any such taxes, fees or impositions. In the event of termination adverse to the Borrowers of any action at law or suit in equity in relation to this Agreement, the Notes or the other Loan Documents, the Borrowers will pay, in addition to all other sums which the Borrowers may be required to pay, a reasonable sum for attorneys' and paralegals' fees expenses incurred by the Lender or the holder reason of the Notes in connection with such action gross negligence or suit. All payments due from the Borrowers under this Section will be added to and become part willful misconduct of the Loans until paid in fullPerson to be indemnified).

Appears in 1 contract

Samples: Credit Agreement (C Cor Net Corp)

Expenses; Taxes; Attorneys’ Fees. The Borrowers agree Borrower agrees to pay or cause to be paid and to save the Lender Agent and the Banks harmless against liability for the payment of all reasonable out-of-pocket expenses, including, but not limited to reasonable fees and expenses of counsel and paralegals for the LenderAgent and the Banks, incurred by the Lender Agent and the Banks from time to time (i) ), with respect to the Agent, arising in connection with the preparation, execution, execution and delivery and performance of this Agreement, the Notes and the other Loan Documents, (ii) relating to any requested amendments, waivers or consents to this Agreement, the Notes or any of the other Loan Documents, (iii) arising in connection with the Lenderperformance of this Agreement or the other Loan Documents or the Agent's and the Banks' enforcement or preservation of rights under this Agreement, the Notes or any of the other Loan Documents, including but not limited to such expenses as may be incurred by the Lender Agent or the Banks in the collection of the outstanding principal amount of the Lender, Agent or the Banks and (iv) arising in connection with any case under the Bankruptcy Code filed by or against either of the BorrowersBorrower. The Borrowers agree Borrower agrees to pay all stamp, document, transfer, recording or filing taxes or fees and similar impositions now or in the future determined by the Lender Agent or the Banks to be payable in connection with this Agreement, the Notes or any of the other Loan DocumentDocuments. The Borrowers agree Borrower agrees to save the Lender Agent and the Banks harmless from and against any and all present or future claims, liabilities or losses with respect to or resulting from any omission to pay or delay in paying any such taxes, fees or impositions, except to the extent that same result solely from the gross negligence or willful misconduct of the Agent or the Banks. In the event of termination adverse to the Borrowers Borrower of any action at law or suit in equity in relation to this Agreement, the Notes or any of the other Loan Documents, the Borrowers Borrower will pay, in addition to all other sums which the Borrowers Borrower may be required to pay, a reasonable sum for attorneys' and paralegals' fees incurred by the Lender Agent and the Banks or the holder of the Notes in connection with such action or suit. All payments due from the Borrowers Borrower under this Section will be added to and become part of the Loans until paid in full.

Appears in 1 contract

Samples: Credit Agreement (River Marine Terminals Inc)

Expenses; Taxes; Attorneys’ Fees. The Borrowers agree Borrower agrees to pay or cause to be paid and to save the Lender Bank harmless against liability for the payment of all reasonable out-of-pocket expenses, expenses including, but not limited to to, reasonable fees and expenses of counsel and paralegals for the LenderBank, incurred by the Lender Bank from time to time (i) arising in connection with the preparation, execution, delivery and performance of this Agreement, the Notes and the other Loan Documents, (ii) relating to any requested amendments, waivers or consents to this Agreement, the Notes or any of the other Loan Documents, Documents and (iii) arising in connection with the Lender's Bank’s enforcement or preservation of rights under this Agreement, the Notes or any of the other Loan DocumentsDocuments including, including but not limited to to, such expenses as may be incurred by the Lender Bank in the collection of the outstanding principal amount of the Lender, and (iv) arising in connection with any case under the Bankruptcy Code filed by or against the BorrowersLoans. The Borrowers agree Borrower agrees to pay all stamp, document, transfer, recording or filing taxes or fees and similar impositions now or in the future determined in good faith by the Lender Bank to be payable in connection with this Agreement, the Notes or any other Loan Document. The Borrowers agree Borrower agrees to save the Lender Bank harmless from and against any and all present or future claims, liabilities or losses with respect to or resulting from any omission to pay or delay in paying any such taxes, fees or impositions. In the event of termination a determination adverse to the Borrowers Borrower of any action at law Law or suit in equity in relation to this Agreement, the Notes or the other Loan Documents, the Borrowers Borrower will pay, in addition to all other sums which the Borrowers Borrower may be required to pay, a reasonable sum for attorneys' and paralegals' fees incurred by the Lender Bank or the holder of the Notes any Note in connection with such action or suit. All payments due from the Borrowers Borrower under this Section will be added to and become part of the Loans Obligations until paid in full.

Appears in 1 contract

Samples: Loan Agreement (Ansoft Corp)

Expenses; Taxes; Attorneys’ Fees. The Borrowers agree Borrower agrees to pay or cause to be paid and to save the Lender harmless against liability for the payment of all reasonable out-of-pocket expenses, including, but not limited to fees and expenses of counsel and paralegals for the Lender, incurred by the Lender from time to time (i) arising in connection with the preparation, execution, delivery and performance of this Agreement, the Notes and the other Loan Documents, (ii) relating to any requested amendments, waivers or consents to this Agreement, the Notes or any of the other Loan Documents, (iii) arising in connection with the Lender's enforcement or preservation of rights under this Agreement, the Notes Note or any of the other Loan Documents, including but not limited to such expenses as may be incurred by the Lender in the collection of the outstanding principal amount of the Lender, and (ivii) arising in connection with any case under 11 U.S.C. Section 101 et seq., as amended (the "Bankruptcy Code Code") filed by or against the BorrowersBorrower. The Borrowers agree Borrower agrees to pay all stamp, document, transfer, recording or filing taxes or fees and similar impositions now or in the future determined by the Lender to be payable in connection with this Agreement, the Notes Note or any other Loan Document. The Borrowers agree Borrower agrees to save the Lender harmless from and against any and all present or future claims, liabilities or losses with respect to or resulting from any omission to pay or delay in paying any such taxes, fees or impositions. In the event of termination adverse to the Borrowers Borrower of any action at law or suit in equity in relation to this Agreement, the Notes Note or the other Loan Documents, the Borrowers Borrower will pay, in addition to all other sums which the Borrowers Borrower may be required to pay, a reasonable sum for attorneys' and paralegals' fees incurred by the Lender or the holder of the Notes Note in connection with such action or suit. All payments due from the Borrowers Borrower under this Section will be added to and become part of the Loans until paid in full.

Appears in 1 contract

Samples: Credit Agreement (Sylvan Inc)

Expenses; Taxes; Attorneys’ Fees. The Borrowers agree Borrower agrees to pay or cause to be paid and to save the Lender Bank harmless against liability for the payment of all reasonable out-of-pocket expenses, expenses including, but not limited to fees and expenses of counsel and paralegals for the Lender, Bank. incurred by the Lender Bank from time to time (i) arising in connection with the preparation, execution, delivery and performance of this Agreement, the Notes Notes, and the other Loan Documentsany documents, instruments or transactions pursuant to or in connection herewith, (ii) relating to any requested amendments, waivers or consents to this Agreement, the Notes or any of the other Loan Documentssuch documents or instruments and, (iii) arising in connection with the LenderBank's enforcement or preservation of rights under this Agreement, Agreement the Notes or any of the other Loan DocumentsSuch documents or instruments including, including but not limited to to, such expenses as may be incurred by the Lender Bank in the collection of the an outstanding principal amount of the Lender, and (iv) arising in connection with any case under the Bankruptcy Code filed by or against the BorrowersNote. The Borrowers agree Borrower agrees to pay all stamp, _ document, transfer, recording or filing taxes or fees tees and similar impositions now or in the future hereafter determined by the Lender Bank to be payable in connection with this Agreement, the Notes or any other Loan Document. The Borrowers agree documents, instruments or transactions pursuant to or in connection herewith, and Borrower agrees to save the Lender Bank harmless from and against any and all present or future claims, liabilities or losses with respect to or resulting from any omission to pay or delay in paying any such taxes, fees or impositions. In the event of termination adverse a determination adversely to the Borrowers Borrower of any action at law or suit in equity in relation to this Agreement, the Notes or the other any Loan Documents, the Borrowers Document Borrower will pay, in addition to all other sums which the Borrowers Borrower may be required to pay, a reasonable sum for attorneys' and paralegals' attorney's fees incurred by the Lender Bank or the holder of the such Notes in connection with such action or suit. All payments due from the Borrowers Borrower under this Section will 8.06 shall be added to and become part of the Loans Line of Credit or Letter of Credit Note until paid in full.

Appears in 1 contract

Samples: Credit Agreement (84 Financial, L.P.)

Expenses; Taxes; Attorneys’ Fees. The Borrowers agree Borrower agrees to pay or cause to be paid and to save the Lender harmless against liability for the payment of all reasonable out-of-pocket expenses, expenses including, but not limited to to, reasonable fees and expenses of counsel and paralegals for the Lender, incurred by the Lender from time to time (i) arising in connection with the preparation, execution, delivery and performance of this Agreement, the Notes and the other Loan Documents, (ii) relating to any requested amendments, waivers or consents to this Agreement, the Notes or any of the other Loan Documents, Documents and (iii) arising in connection with the Lender's enforcement or preservation of rights under this Agreement, the Notes or any of the other Loan DocumentsDocuments including, including but not limited to to, such expenses as may be incurred by the Lender in the collection of the outstanding principal amount of the Lender, and (iv) arising in connection with any case under the Bankruptcy Code filed by or against the BorrowersLoans. The Borrowers agree Borrower agrees to pay all stamp, document, transfer, recording or filing taxes or fees and similar impositions now or in the future determined in good faith by the Lender to be payable in connection with this Agreement, the Notes or any other Loan Document. The Borrowers agree Borrower agrees to save the Lender harmless from and against any and all present or future claims, liabilities or losses with respect to or resulting from any omission to pay or delay in paying any such taxes, fees or impositions. In the event of termination a determination adverse to the Borrowers Borrower of any action at law Law or suit in equity in relation to this Agreement, the Notes or the other Loan Documents, the Borrowers Borrower will pay, in addition to all other sums which the Borrowers Borrower may be required to pay, a reasonable sum for attorneys' and paralegals' fees incurred by the Lender or the holder of the Notes in connection with such action or suit. All payments due from the Borrowers Borrower under this Section will be added to and become part of the Loans Debt until paid in full.

Appears in 1 contract

Samples: Revolving Credit Note (Southern First Bancshares Inc)

Expenses; Taxes; Attorneys’ Fees. The Borrowers agree to pay or cause to be paid and to save the Lender Bank harmless against liability for the payment of all reasonable out-of-pocket expenses, including, but not limited to reasonable fees and expenses of counsel and paralegals for the LenderBank, incurred by the Lender Bank from time to time (i) arising in connection with the preparation, execution, delivery and performance of this Agreement, the Notes and the other Loan Documents, (ii) relating to any requested amendments, waivers or consents to this Agreement, the Notes or any of the other Loan Documents, Documents and (iii) arising in connection with the Lender's Bank’s enforcement or preservation of rights under this Agreement, the Notes or any of the other Loan Documents, including but not limited to such expenses as may be incurred by the Lender Bank in the collection of the outstanding principal amount of the Lender, and (iv) arising in connection with any case under the Bankruptcy Code filed by or against the BorrowersLoans. The Borrowers agree to pay all stamp, document, transfer, recording or filing taxes or fees and similar impositions now or in the future determined by the Lender Bank to be payable in connection with this Agreement, the Notes or any other Loan Document. The Borrowers agree to save the Lender Bank harmless from and against any and all present or future claims, liabilities or losses with respect to or resulting from any omission to pay or delay in paying any such taxes, fees or impositions. In the event of termination adverse to the Borrowers of any action at law or suit in equity in relation to this Agreement, the Notes or the other Loan Documents, the Borrowers will pay, in addition to all other sums which the Borrowers may be required to pay, a reasonable sum for attorneys' attorneys and paralegals' 40 paralegals fees incurred by the Lender Bank or the holder of the Notes in connection with such action or suit. All payments due from the Borrowers under this Section will be added to and become part of the Loans until paid in full.

Appears in 1 contract

Samples: Loan Agreement (PDG Environmental Inc)

Expenses; Taxes; Attorneys’ Fees. (a) The Borrowers agree to pay or cause to be paid and to save the Lender Agent, the Issuing Bank and the Banks harmless against liability for the payment of all reasonable out-of-pocket expenses, including, including but not limited to fees and expenses of counsel and paralegals for the LenderAgent, the Issuing Bank and the Banks, incurred by the Lender Agent, the Issuing Bank or the Banks from time to time and (ia) arising in connection with the preparation, execution, delivery and performance of this Agreement, the Notes Notes, a Letter of Credit and the other Loan Documents, (iib) relating to any requested amendments, waivers or consents to this Agreement, the Notes Notes, a Letter of Credit or any of the other Loan DocumentsDocument, (iiic) arising in connection with the LenderAgent's, the Issuing Bank's or any Bank's enforcement or preservation of rights under this Agreement, the Notes Notes, a Letter of Credit or any of the other Loan DocumentsDocument, including but not limited to such expenses as may be incurred by the Lender Agent, the Issuing Bank or any Bank in the collection of the outstanding principal amount Notes and any litigation, proceeding, dispute or so-called "workout" in any way related to the Loans, a Letter of the Lender, and (iv) arising in connection with any case under the Bankruptcy Code filed by Credit or against the Borrowersa Letter of Credit Reimbursement Obligations. The Borrowers hereby agree to pay indemnify the Agent, the Issuing Bank and the Banks from and hold each of them harmless against any and all stamplosses, documentliabilities, transferclaims, recording damages or filing taxes expenses incurred by any of them arising out of or fees by reason of any investigation, litigation or other proceeding related to any use or proposed use of the proceeds of any Loans or a Letter of Credit or the Borrowers' entry into and similar impositions now or in the future determined by the Lender to be payable in connection with performance of this Agreement, the Notes or any other Loan Document. The Borrowers agree to save the Lender harmless from and against Document (but excluding any and all present or future such losses, liabilities, claims, liabilities damages or losses with respect to or resulting from any omission to pay or delay in paying any such taxes, fees or impositions. In the event of termination adverse to the Borrowers of any action at law or suit in equity in relation to this Agreement, the Notes or the other Loan Documents, the Borrowers will pay, in addition to all other sums which the Borrowers may be required to pay, a reasonable sum for attorneys' and paralegals' fees expenses incurred by the Lender or the holder reason of the Notes in connection with such action gross negligence or suit. All payments due from the Borrowers under this Section will be added to and become part willful misconduct of the Loans until paid in fullPerson to be indemnified).

Appears in 1 contract

Samples: Credit Agreement (C Cor Net Corp)

Expenses; Taxes; Attorneys’ Fees. The Borrowers agree Borrower agrees to pay or cause to be paid and to save save: (a) the Lender Agent harmless against liability for the payment of all reasonable out-of-pocket expenses, including, but not limited to reasonable fees and expenses of counsel and paralegals for the LenderAgent, incurred by the Lender Agent from time to time (i) arising in connection with the preparation, execution, delivery and performance of this Agreement, the Notes and the other Loan Documents, Documents and (ii) relating to any requested amendments, waivers or consents to this Agreement, the Notes or any of the other Loan DocumentsDocuments and (b) the Agent, (iii) Issuing Bank, Swing Line Lender and the Banks harmless against liability for the payment of all reasonable out-of-pocket expenses, including, but not limited to reasonable fees and expenses of counsel and paralegals for the Agent, Issuing Bank, Swing Line Lender and the Banks, incurred by the Agent, Issuing Bank, Swing Line Lender and/or the Banks from time to time arising in connection with the Agent's, Issuing Bank's, Swing Line Lender's and/or the Banks' enforcement or preservation of rights under this Agreement, the Notes or any of the other Loan DocumentsDocuments including, including but not limited to to, such expenses as may be incurred by the Agent, Issuing Bank, Swing Line Lender and/or the Banks in the collection of the outstanding principal amount of the Lender, and (iv) arising in connection with any case under the Bankruptcy Code filed by or against the BorrowersLoans. The Borrowers agree Borrower agrees to pay all stamp, document, transfer, recording or filing taxes or fees and similar impositions now or in the future determined by the Lender to be Other Taxes payable in connection with this Agreement, the Notes or any other Loan Document, in accordance with applicable Law. The Borrowers agree Borrower agrees to save the Agent, Issuing Bank, Swing Line Lender and the Banks harmless from and against any and all present or future claims, liabilities or losses 270034751 270134563 with respect to or resulting from any omission to pay or delay in paying any such taxes, fees or impositionsOther Taxes. In the event of termination a determination adverse to the Borrowers Borrower of any action at law Law or suit in equity in relation to this Agreement, the Notes or the other Loan Documents, the Borrowers Borrower will pay, in addition to all other sums which the Borrowers Borrower may be required to pay, a reasonable sum for attorneys' attorneys and paralegals' paralegals fees incurred by the Agent, Issuing Bank, Swing Line Lender and the Banks or the holder of the Notes in connection with such action or suit. All payments due from the Borrowers under this Section will be added to and become part of the Loans until paid in full. The agreements in this section shall survive the termination of the Commitments and repayment of all other Indebtedness hereunder or under the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Matthews International Corp)

Expenses; Taxes; Attorneys’ Fees. The Borrowers agree Borrower agrees to pay or cause to be paid and to save the Lender Agent and the Banks harmless against liability for the payment of all reasonable out-of-of- pocket expenses, including, but not limited to reasonable fees and expenses of counsel and paralegals for the LenderAgent and the Banks, incurred by the Lender Agent and the Banks from time to time (i) arising in connection with the preparation, execution, delivery and performance of this Agreement, the Notes and the other Loan Documents, (ii) relating to any requested amendments, waivers or consents to this Agreement, the Notes or any of the other Loan Documents, Documents and (iii) arising in connection with the LenderAgent's and the Banks' enforcement or preservation of rights under this Agreement, the Notes or any of the other Loan DocumentsDocuments including, including but not limited to to, such expenses as may be incurred by the Lender Agent and the Banks in the collection of the outstanding principal amount of the Lender, and (iv) arising in connection with any case under the Bankruptcy Code filed by or against the BorrowersLoans. The Borrowers agree Borrower agrees to pay all stamp, document, transfer, recording or filing taxes or fees and similar impositions now or in the future determined by the Lender Agent and the Banks to be payable in connection with this Agreement, the Notes or any other Loan Document. The Borrowers agree Borrower agrees to save the Lender Agent and the Banks harmless from and against any and all present or future claims, liabilities or losses with respect to or resulting from any omission to pay or delay in paying any such taxes, fees or impositions. In the event of termination a determination adverse to the Borrowers Borrower of any action at law Law or suit in equity in relation to this Agreement, the Notes or the other Loan Documents, the Borrowers Borrower will pay, in addition to all other sums which the Borrowers Borrower may be required to pay, a reasonable sum for attorneys' attorneys and paralegals' paralegals fees incurred by the Lender Agent and the Banks or the holder of the Notes in connection with such action or suit. All payments due from the Borrowers under this Section will be added to and become part of the Loans until paid in full.

Appears in 1 contract

Samples: Loan Agreement (Matthews International Corp)

Expenses; Taxes; Attorneys’ Fees. The Borrowers agree to pay or cause to be paid and to save the Lender Bank harmless against liability for the payment of all reasonable out-of-pocket expenses, expenses including, but not limited to to, reasonable fees and expenses of counsel and paralegals for the LenderBank, incurred by the Lender Bank from time to time (i) arising in connection with the preparation, execution, delivery and performance of this Agreement, the Notes and the other Loan Documents, (ii) relating to any requested amendments, waivers or consents to this Agreement, the Notes or any of the other Loan Documents, Documents and (iii) arising in connection with the Lender's Bank’s enforcement or preservation of rights under this Agreement, the Notes or any of the other Loan DocumentsDocuments including, including but not limited to to, such expenses as may be incurred by the Lender Bank in the collection of the outstanding principal amount of the Lender, and (iv) arising in connection with any case under the Bankruptcy Code filed by or against the BorrowersLoans. The Borrowers agree to pay all stamp, document, transfer, recording or filing taxes or fees and similar impositions now or in the future determined in good faith by the Lender Bank to be payable in connection with this Agreement, the Notes or any other Loan Document. The Borrowers agree to save the Lender Bank harmless from and against any and all present or future claims, liabilities or losses with respect to or resulting from any omission to pay or delay in paying any such taxes, fees or impositions. In the event of termination a determination adverse to the Borrowers of any action at law Law or suit in equity in relation to this Agreement, the Notes or the other Loan Documents, the Borrowers will pay, in addition to all other sums which the Borrowers may be required to pay, a reasonable sum for attorneys' and paralegals' fees incurred by the Lender Bank or the holder of the Notes any Note in connection with such action or suit. All payments due from the Borrowers under this Section will be added to and become part of the Loans Debt until paid in full.

Appears in 1 contract

Samples: Loan Agreement (Igate Corp)

Expenses; Taxes; Attorneys’ Fees. The Borrowers agree Borrower agrees to pay or cause to be paid and to save the Lender Agent and the Banks harmless against liability for the payment of all reasonable out-of-pocket expenses, including, but not limited to reasonable fees and expenses of counsel and paralegals for the LenderAgent and the Banks, incurred by the Lender Agent and the Banks from time to time (i) arising in connection with the preparation, execution, delivery and performance of this Agreement, the Notes and the other Loan Documents, (ii) relating to any requested amendments, waivers or consents to this Agreement, the Notes or any of the other Loan Documents, Documents and (iii) arising in connection with the LenderAgent's and the Banks' enforcement or preservation of rights under this Agreement, the Notes or any of the other Loan DocumentsDocuments including, including but not limited to to, such expenses as may be incurred by the Lender Agent and the Banks in the collection of the outstanding principal amount of the Lender, and (iv) arising in connection with any case under the Bankruptcy Code filed by or against the BorrowersLoans. The Borrowers agree Borrower agrees to pay all stamp, document, transfer, recording or filing taxes or fees and similar impositions now or in the future determined by the Lender Agent and the Banks to be payable in connection with this Agreement, the Notes or any other Loan Document. The Borrowers agree Borrower agrees to save the Lender Agent and the Banks harmless from and against any and all present or future claims, liabilities or losses with respect to or resulting from any omission to pay or delay in paying any such taxes, fees or impositions. In the event of termination a determination adverse to the Borrowers Borrower of any action at law Law or suit in equity in relation to this Agreement, the Notes or the other Loan Documents, the Borrowers Borrower will pay, in addition to all other sums which the Borrowers Borrower may be required to pay, a reasonable sum for attorneys' attorneys and paralegals' paralegals fees incurred by the Lender Agent and the Banks or the holder of the Notes in connection with such action or suit. All payments due from the Borrowers under this Section will be added to and become part of the Loans until paid in full.

Appears in 1 contract

Samples: Loan Agreement (Matthews International Corp)

AutoNDA by SimpleDocs

Expenses; Taxes; Attorneys’ Fees. The Borrowers agree to pay or cause to be paid and to save the Lender Bank harmless against liability for the payment of all reasonable out-of-pocket expenses, including, but not limited to reasonable fees and expenses of counsel and paralegals for the LenderBank, incurred by the Lender Bank from time to time (i) arising in connection with the preparation, execution, delivery and performance of this Agreement, the Notes and the other Loan Documents, (ii) relating to any requested amendments, waivers or consents to this Agreement, the Notes or any of the other Loan Documents, Documents and (iii) arising in connection with the LenderBank's enforcement or preservation of rights under this Agreement, the Notes or any of the other Loan Documents, including but not limited to such expenses as may be incurred by the Lender Bank in the collection of the outstanding principal amount of the Lender, and (iv) arising in connection with any case under the Bankruptcy Code filed by or against the BorrowersLoans. The Borrowers agree to pay all stamp, document, transfer, recording or filing taxes or fees and similar impositions now or in the future determined by the Lender Bank to be payable in connection with this Agreement, the Notes or any other Loan Document. The Borrowers agree to save the Lender Bank harmless from and against any and all present or future claims, liabilities or losses with respect to or resulting from any omission to pay or delay in paying any such taxes, fees or impositions. In the event of termination adverse to the Borrowers of any action at law or suit in equity in relation to this Agreement, the Notes or the other Loan Documents, the Borrowers will pay, in addition to all other sums which the Borrowers may be required to pay, a reasonable sum for attorneys' attorneys and paralegals' paralegals fees incurred by the Lender Bank or the holder of the Notes in connection with such action or suit. All payments due from the Borrowers under this Section will be added to and become part of the Loans until paid in full.

Appears in 1 contract

Samples: Loan Agreement (PDG Environmental Inc)

Expenses; Taxes; Attorneys’ Fees. The Borrowers agree Borrower agrees to pay or cause to be paid and to save the Lender Bank harmless against liability for the payment of all reasonable out-of-pocket expenses, expenses including, but not limited to to, fees and expenses of counsel and paralegals for the LenderBank, incurred by the Lender Bank from time to time (i) arising in connection with the preparation, execution, delivery and performance of this Agreement, the Notes Note, and the other Loan Documentsany documents, instruments or transactions pursuant to or in connection herewith, (ii) relating to any requested amendments, waivers or consents to this Agreement, the Notes Note or any of the other Loan Documentssuch documents or instruments and, (iii) arising in connection with the Lender's Bank’s enforcement or preservation of rights under this Agreement, Agreement the Notes Note or any of the other Loan Documentssuch documents or instruments including, including but not limited to to, such expenses as may be incurred by the Lender Bank in the collection of the an outstanding principal amount of the Lender, and (iv) arising in connection with any case under the Bankruptcy Code filed by or against the BorrowersNote. The Borrowers agree Borrower agrees to pay all stamp, document, transfer, recording or filing taxes or fees and similar impositions now or in the future hereafter determined by the Lender Bank to be payable in connection with this Agreement, the Notes Note or any other Loan Document. The Borrowers agree documents, instruments or transactions pursuant to or in connection herewith, and Borrower agrees to save the Lender Bank harmless from and against any and all present or future claims, liabilities or losses with with. respect to or resulting from any omission to pay or delay in paying any such taxes, fees or impositions. In the event of termination adverse a determination adversely to the Borrowers Borrower of any action at law or suit in equity in relation to this Agreement, the Notes Note or the other any Loan Documents, the Borrowers Document Borrower will pay, in addition to all other sums which the Borrowers Borrower may be required to pay, a reasonable sum for attorneys' and paralegals' attorney’s fees incurred by the Lender Bank or the holder of the Notes such Note in connection with such action action. or suit. All payments due from the Borrowers Borrower under this Section will 8.06 shall be added to and become part of the Loans Note until paid in full.

Appears in 1 contract

Samples: Line of Credit Agreement (84 Financial, L.P.)

Expenses; Taxes; Attorneys’ Fees. The Borrowers agree to pay or cause to be paid and to save the Lender harmless against liability for the payment of all reasonable out-of-pocket expenses, including, but not limited to to, fees and expenses of counsel and paralegals for the Lender, incurred by the Lender from time to time (i) arising in connection with the preparation, execution, delivery and performance of this Agreement, the Notes Agreement and the other Loan Documents, ; (ii) relating to any requested amendments, waivers or consents to this Agreement, the Notes or any of the other Loan Documents, ; (iii) arising in connection with the Lender's ’s enforcement or preservation of rights under this Agreement, the Notes Agreement or any of the other Loan Documents, including including, but not limited limited, to such expenses as may be incurred by the Lender in the collection of the outstanding principal amount of the Lender, ; and (iv) arising in connection with any case under the Bankruptcy Code filed by or against the BorrowersBorrowers (or any of them). The Borrowers agree to pay all stamp, document, transfer, recording or filing taxes or fees and similar impositions now or in the future determined by the Lender to be payable in connection with this Agreement, the Notes Agreement or any other Loan Document. The Borrowers agree to save the Lender harmless from and against any and all present or future claims, liabilities or losses with respect to or resulting from any omission to pay or delay in paying any such taxes, fees or impositions. In the event of termination adverse to the Borrowers of any action at law or suit in equity in relation to this Agreement, the Notes Agreement or the other Loan Documents, the Borrowers will pay, in addition to all other sums which the Borrowers may be required to pay, a reasonable sum for attorneys' and paralegals' fees incurred by the Lender or the holder of the Notes in connection with such action or suit. All payments due from the Borrowers under this Section 10.06 will be added to and become part of the Loans until paid in full.

Appears in 1 contract

Samples: Credit Agreement (Ultralife Corp)

Expenses; Taxes; Attorneys’ Fees. The Borrowers agree Borrower agrees to pay or cause to be paid and to save the Lender Bank harmless against liability for the payment of all reasonable out-of-pocket expenses, expenses including, but not limited to to, reasonable fees and expenses of counsel and paralegals for the LenderBank, incurred by the Lender Bank from time to time (i) arising in connection with the preparation, execution, delivery and performance of this Agreement, the Notes and the other Loan Documents, (ii) relating to any requested amendments, waivers or consents to this Agreement, the Notes or any of the other Loan Documents, Documents and (iii) arising in connection with the Lender's Bank’s enforcement or preservation of rights under this Agreement, the Notes or any of the other Loan DocumentsDocuments including, including but not limited to to, such expenses as may be incurred by the Lender Bank in the collection of the outstanding principal amount of the Lender, and (iv) arising in connection with any case under the Bankruptcy Code filed by or against the BorrowersLoans. The Borrowers agree Borrower agrees to pay all stamp, document, transfer, recording or filing taxes or fees and similar impositions now or in the future determined in good faith by the Lender Bank to be payable in connection with this Agreement, the Notes or any other Loan Document. The Borrowers agree Borrower agrees to save the Lender Bank harmless from and against any and all present or future claims, liabilities or losses with respect to or resulting from any omission to pay or delay in paying any such taxes, fees or impositions. In the event of termination a determination adverse to the Borrowers Borrower of any action at law Law or suit in equity in relation to this Agreement, the Notes or the other Loan Documents, the Borrowers Borrower will pay, in addition to all other sums which the Borrowers Borrower may be required to pay, a reasonable sum for attorneys' and paralegals' fees incurred by the Lender Bank or the holder of the Notes any Note in connection with such action or suit. All payments due from the Borrowers Borrower under this Section will be added to and become part of the Loans Debt until paid in full.

Appears in 1 contract

Samples: Loan Agreement (Gateway Trade Center Inc.)

Expenses; Taxes; Attorneys’ Fees. The Borrowers Borrower agree to pay or cause to be paid and to save the Lender harmless against liability for the payment of all reasonable out-of-pocket expenses, expenses including, but not limited to to, fees and expenses of counsel and paralegals for the Lender, incurred by the Lender from time to time (i) arising in connection with the preparation, execution, delivery and performance of this Agreement, the Notes and the other Loan Documents, (ii) relating to any requested amendments, waivers or consents to this Agreement, the Notes Note or any of the other Loan Documentssuch documents or instruments and, (iiiii) arising in connection with the Lender's ’s enforcement or preservation of rights under this Agreement, Agreement and the Notes Note or any of the other Loan Documentssuch documents or instruments including, including but not limited to to, such expenses as may be incurred by the Lender in the collection of the outstanding principal amount of the Lender, and (iv) arising in connection with any case under the Bankruptcy Code filed by or against the BorrowersNote. The Borrowers Borrower agree to pay all stamp, document, transfer, recording or filing taxes or fees and similar impositions now or in the future hereafter determined by the Lender to be payable in connection with this Agreement, the Notes Note or any other Loan Document. The Borrowers documents, instruments or transactions pursuant to or in connection herewith, and the Borrower agree to save the Lender harmless from and against any and all present or future claims, liabilities or losses with respect to or resulting from any omission to pay or delay in paying any such taxes, fees or impositions. In the event of termination adverse a determination adversely to the Borrowers Borrower of any action at law or suit in equity in relation to this Agreement, the Notes Note, or the other any Loan DocumentsDocument, the Borrowers Borrower will pay, in addition to all other sums which the Borrowers Borrower may be required to pay, a reasonable sum for attorneys' and paralegals' attorney’s fees incurred by the Lender or the holder of the Notes such Note in connection with such action or suit. All payments due from the Borrowers Borrower under this Section will 8.06 shall be added to and become part of the Loans Note, as applicable, until paid in full.

Appears in 1 contract

Samples: Credit Agreement (Shepherd's Finance, LLC)

Expenses; Taxes; Attorneys’ Fees. The Borrowers agree Borrower agrees to pay or cause to be paid and to save the Lender harmless against liability for the payment of all reasonable out-of-pocket expenses, expenses including, but not limited to to, reasonable fees and expenses of counsel and paralegals for the Lender, incurred by the Lender from time to time (i) arising in connection with the preparation, execution, delivery and performance of this Agreement, the Notes Note and the other Loan Documents, (ii) relating to any requested amendments, waivers or consents to this Agreement, the Notes Note or any of the other Loan Documents, Documents and (iii) arising in connection with the Lender's ’s enforcement or preservation of rights under this Agreement, the Notes Note or any of the other Loan DocumentsDocuments including, including but not limited to to, such expenses as may be incurred by the Lender in the collection of the outstanding principal amount of the Lender, and (iv) arising in connection with any case under the Bankruptcy Code filed by or against the BorrowersLoans. The Borrowers agree Borrower agrees to pay all stamp, document, transfer, recording or filing taxes or fees and similar impositions now or in the future determined in good faith by the Lender to be payable in connection with this Agreement, the Notes Note or any other Loan Document. The Borrowers agree Borrower agrees to save the Lender harmless from and against any and all present or future claims, liabilities or losses with respect to or resulting from any omission to pay or delay in paying any such taxes, fees or impositions. In the event of termination a determination adverse to the Borrowers Borrower of any action at law Law or suit in equity in relation to this Agreement, the Notes Note or the other Loan Documents, the Borrowers Borrower will pay, in addition to all other sums which the Borrowers Borrower may be required to pay, a reasonable sum for attorneys' and paralegals' fees incurred by the Lender or the holder of the Notes Note in connection with such action or suit. All payments due from the Borrowers Borrower under this Section will be added to and become part of the Loans Debt until paid in full.

Appears in 1 contract

Samples: Loan Agreement (Oak Ridge Financial Services, Inc.)

Expenses; Taxes; Attorneys’ Fees. The Borrowers agree Borrower agrees to pay or cause to be paid and to save the Lender harmless against liability for the payment of all reasonable out-of-pocket expenses, expenses including, but not limited to to, reasonable fees and expenses of counsel and paralegals for the Lender, incurred by the Lender from time to time (i) arising in connection with the preparation, execution, delivery and performance of this Agreement, the Notes Note and the other Loan Documents, (ii) relating to any requested amendments, waivers or consents to this Agreement, the Notes Note or any of the other Loan Documents, Documents and (iii) arising in connection with the Lender's enforcement or preservation of rights under this Agreement, the Notes Note or any of the other Loan DocumentsDocuments including, including but not limited to to, such expenses as may be incurred by the Lender in the collection of the outstanding principal amount of the Lender, and (iv) arising in connection with any case under the Bankruptcy Code filed by or against the BorrowersLoans. The Borrowers agree Borrower agrees to pay all stamp, document, transfer, recording or filing taxes or fees and similar impositions now or in the future determined in good faith by the Lender to be payable in connection with this Agreement, the Notes Note or any other Loan Document. The Borrowers agree Borrower agrees to save the Lender harmless from and against any and all present or future claims, liabilities or losses with respect to or resulting from any omission to pay or delay in paying any such taxes, fees or impositions. In the event of termination a determination adverse to the Borrowers Borrower of any action at law Law or suit in equity in relation to this Agreement, the Notes Note or the other Loan Documents, the Borrowers Borrower will pay, in addition to all other sums which the Borrowers Borrower may be required to pay, a reasonable sum for attorneys' and paralegals' fees incurred by the Lender or the holder of the Notes Note in connection with such action or suit. All payments due from the Borrowers Borrower under this Section will be added to and become part of the Loans Debt until paid in full.

Appears in 1 contract

Samples: Loan Agreement (Southern First Bancshares Inc)

Expenses; Taxes; Attorneys’ Fees. The Borrowers agree to pay or cause to be paid and to save the Lender Bank harmless against liability for the payment of all reasonable out-of-pocket expenses, expenses including, but not limited to to, reasonable fees and expenses of outside counsel and paralegals for the LenderBank, incurred by the Lender Bank from time to time (i) arising in connection with the preparation, execution, delivery and performance of this Agreement, the Notes and the other Loan Documents, (ii) relating to any requested amendments, waivers or consents to this Agreement, the Notes or any of the other Loan Documents, Documents and (iii) arising in connection with the Lender's Bank’s enforcement or preservation of rights under this Agreement, the Notes or any of the other Loan DocumentsDocuments including, including but not limited to to, such expenses as may be incurred by the Lender Bank in the collection of the outstanding principal amount of the Lender, and (iv) arising in connection with any case under the Bankruptcy Code filed by or against the BorrowersLoans. The Borrowers agree to pay all stamp, document, transfer, recording or filing taxes or fees and similar impositions now or in the future determined in good faith by the Lender Bank to be payable in connection with this Agreement, the Notes or any other Loan Document. The Borrowers agree to save the Lender Bank harmless from and against any and all present or future claims, liabilities or losses with respect to or resulting from any omission to pay or delay in paying any such taxes, fees or impositions. In the event of termination a determination adverse to the Borrowers any Borrower of any action at law Law or suit in equity in relation to this Agreement, the Notes or the other Loan Documents, the Borrowers will pay, in addition to all other sums which the Borrowers may be required to pay, a reasonable sum for outside attorneys' and paralegals' fees incurred by the Lender Bank or the holder of the Notes any Note in connection with such action or suit. All payments due from the Borrowers under this Section 8.05 will be added to and become part of the Loans Obligations until paid in full.

Appears in 1 contract

Samples: Loan Agreement (Liberated Syndication Inc.)

Expenses; Taxes; Attorneys’ Fees. The Borrowers agree Borrower agrees to pay or cause to be paid and to save save: (a) the Lender Agent harmless against liability for the payment of all reasonable out-of-pocket expenses, including, but not limited to reasonable fees and expenses of counsel and paralegals for the LenderAgent, incurred by the Lender Agent from time to time (i) arising in connection with the preparation, execution, delivery and performance of this Agreement, the Notes and the other Loan Documents, Documents and (ii) relating to any requested amendments, waivers or consents to this Agreement, the Notes or any of the other Loan DocumentsDocuments and (b) the Agent, (iii) Issuing Bank, Swing Line Lender and the Banks harmless against liability for the payment of all reasonable out-of-pocket expenses, including, but not limited to reasonable fees and expenses of counsel and paralegals for the Agent, Issuing Bank, Swing Line Lender and the Banks, incurred by the Agent, Issuing Bank, Swing Line Lender and/or the Banks from time to time arising in connection with the Agent's, Issuing Bank's, Swing Line Lender's and/or the Banks' enforcement or preservation of rights under this Agreement, the Notes or any of the other Loan DocumentsDocuments including, including but not limited to to, such expenses as may be incurred by the Agent, Issuing Bank, Swing Line Lender and/or the Banks in the collection of the outstanding principal amount of the Lender, and (iv) arising in connection with any case under the Bankruptcy Code filed by or against the BorrowersLoans. The Borrowers agree Borrower agrees to pay all stamp, document, transfer, recording or filing taxes or fees and similar impositions now or in the future determined by the Agent, Issuing Bank, Swing Line Lender and the Banks to be payable in connection with this Agreement, the Notes or any other Loan Document. The Borrowers agree Borrower agrees to save the Agent, Issuing Bank, Swing Line Lender and the Banks harmless from and against any and all present or future claims, liabilities or losses with respect to or resulting from any omission to pay or delay in paying any such taxes, fees or impositions. In the event of termination a determination adverse to the Borrowers Borrower of any action at law Law or suit in equity in relation to this Agreement, the Notes or the other Loan Documents, the Borrowers Borrower will pay, in addition to all other sums which the Borrowers Borrower may be required to pay, a reasonable sum for attorneys' attorneys and paralegals' paralegals fees incurred by the Agent, Issuing Bank, Swing Line Lender and the Banks or the holder of the Notes in connection with such action or suit. All payments due from the Borrowers under this Section will be added to and become part of the Loans until paid in full. The agreements in this section shall survive the termination of the Commitments and repayment of all other Indebtedness hereunder or under the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Matthews International Corp)

Expenses; Taxes; Attorneys’ Fees. The Borrowers agree Borrower agrees to pay or cause to be paid and to save the Lender Agent and the Banks harmless against liability for the payment of all reasonable out-of-pocket expenses, including, but not limited to reasonable fees and expenses of counsel and paralegals for the LenderAgent and the Banks, incurred by the Lender Agent and the Banks from time to time (i) arising in connection with the preparation, execution, delivery and performance of this Agreement, the Notes and the other Loan Documents, (ii) relating to any requested amendments, waivers or consents to this Agreement, the Notes or any of the other Loan Documents, Documents and (iii) arising in connection with the Lender's Agent and the Banks' enforcement or preservation of rights under this Agreement, the Notes or any of the other Loan Documents, including but not limited to such reasonable expenses as may be incurred by the Lender Bank in the collection of the outstanding principal amount of the Lender, and (iv) arising in connection with any case under the Bankruptcy Code filed by or against the BorrowersLoans. The Borrowers agree Borrower agrees to pay all stamp, document, transfer, recording or filing taxes or fees and similar impositions now or in the future reasonably determined by the Lender Agent and the Banks to be payable in connection with this Agreement, the Notes or any other Loan Document. The Borrowers agree Borrower agrees to save the Lender Agent and the Banks harmless from and against any and all present or future claims, liabilities or losses with respect to or resulting from any omission to pay or delay in paying any such taxes, fees or impositions. In the event of termination a determination adverse to the Borrowers Borrower of any action at law or suit in equity in relation to this Agreement, the Notes or the other Loan Documents, the Borrowers Borrower will pay, in addition to all other sums which the Borrowers Borrower may be required to pay, a reasonable sum for attorneys' attorneys and paralegals' paralegals fees incurred by the Lender Agent and the Banks or the holder of the Notes in connection with such action or suit. All payments due from the Borrowers Borrower under this Section will be added to and become part of the Loans until paid in full.

Appears in 1 contract

Samples: Loan Agreement (Tuscarora Inc)

Expenses; Taxes; Attorneys’ Fees. The Borrowers agree Borrower agrees to pay or cause to be paid and to save the Lender Bank harmless against liability for the payment of all reasonable out-of-pocket expenses, expenses including, but not limited to to, fees and expenses of counsel and paralegals for the LenderBank, incurred by the Lender Bank from time to time (i) arising in connection with the preparation, execution, delivery and performance of this :Agreement, the Notes Note, and the other Loan Documentsany documents, instruments or transactions pursuant to or in :connection herewith, (ii) relating to any requested amendments, waivers or consents to this Agreement, the Notes Note or any of the other Loan Documentssuch documents or instruments and, (iii) arising in connection with the LenderBank's enforcement or preservation of rights under this Agreement, Agreement the Notes Note or any of the other Loan Documentssuch documents or instruments including, including but not limited to to, such expenses as may be incurred by the Lender Bank in the collection of the an outstanding principal amount of the Lender, and (iv) arising in connection with any case under the Bankruptcy Code filed by or against the BorrowersNote. The Borrowers agree Borrower agrees to pay all stamp, document, transfer, recording or filing taxes or fees and similar impositions now or in the future hereafter determined by the Lender Bank to be payable in connection with this Agreement, the Notes Note or any other Loan Document. The Borrowers agree documents, instruments or transactions pursuant to or in connection herewith, and Borrower agrees to save the Lender Bank harmless from and against any and all present or future claims, liabilities or losses with respect to or resulting from any omission to pay or delay in paying any such taxes, fees or impositions. _ In the event of termination adverse a determination adversely to the Borrowers Borrower of any action at law or suit in equity in relation to this Agreement, the Notes Note or the other Loan Documents, the Borrowers any Loan. Document Borrower will pay, in addition to all other sums which the Borrowers Borrower may be required to pay, a reasonable sum for attorneys' and paralegals' attorney's fees incurred by the Lender Bank or the holder of the Notes such Note in connection with such action or suit. All payments due from the Borrowers Borrower under this Section will 8.06 shall be added to and become part of the Loans Note until paid in full.

Appears in 1 contract

Samples: Line of Credit Agreement (84 Financial, L.P.)

Expenses; Taxes; Attorneys’ Fees. The Borrowers agree Borrower agrees to pay or cause to be paid and to save the Lender harmless against liability for the payment of all reasonable out-of-pocket expenses, expenses including, but not limited to to, fees and expenses of counsel and paralegals for the Lender, incurred by the Lender from time to time (i) arising in connection with the preparation, execution, delivery and performance of this Agreement, the Notes Note, and the other Loan Documentsany documents, instruments or transactions pursuant to or in connection herewith, (ii) relating to any requested amendments, waivers or consents to this Agreement, the Notes Note or any of the other Loan Documentssuch documents or instruments and, (iii) arising in connection with the Lender's ’s enforcement or preservation of rights under this Agreement, Agreement the Notes Note or any of the other Loan Documentssuch documents or instruments including, including but not limited to to, such expenses as may be incurred by the Lender in the collection of the an outstanding principal amount of the Lender, and (iv) arising in connection with any case under the Bankruptcy Code filed by or against the BorrowersNote. The Borrowers agree Borrower agrees to pay all stamp, document, transfer, recording or filing taxes or fees and similar impositions now or in the future hereafter determined by the Lender to be payable in connection with this Agreement, the Notes Note or any other Loan Document. The Borrowers agree documents, instruments or transactions pursuant to or in connection herewith, and Borrower agrees to save the Lender harmless from and against any and all present or future claims, liabilities or losses with respect to or resulting from any omission to pay or delay in paying any such taxes, fees or impositions. In the event of termination adverse a determination adversely to the Borrowers Borrower of any action at law or suit in equity in relation to this Agreement, the Notes Note or the other any Loan Documents, the Borrowers Document Borrower will pay, in addition to all other sums which the Borrowers Borrower may be required to pay, a reasonable sum for attorneys' and paralegals' attorney’s fees incurred by the Lender or the holder of the Notes such Note in connection with such action or suit. All payments due from the Borrowers Borrower under this Section will 8.06 shall be added to and become part of the Loans Note until paid in full.

Appears in 1 contract

Samples: Line of Credit Agreement (Shepherd's Finance, LLC)

Expenses; Taxes; Attorneys’ Fees. The Borrowers agree to pay or cause to be paid and to save the Lender Agent and the Banks harmless against liability for the payment of all reasonable out-of-pocket expenses, including, but not limited to reasonable fees and expenses of counsel and paralegals for the LenderAgent and the Banks, incurred by the Lender Agent and the Banks from time to time (i) arising in connection with the preparation, execution, delivery and performance of this Agreement, the Notes and the other Loan Documents, (ii) relating to any requested amendments, waivers or consents to this Agreement, the Notes or any of the other Loan Documents, Documents and (iii) arising in connection with the Lender's Agent’s and the Banks’ enforcement or preservation of rights under this Agreement, the Notes or any of the other Loan DocumentsDocuments including, including but not limited to to, such expenses as may be incurred by the Lender Agent and the Banks in the collection of the outstanding principal amount of the Lender, and (iv) arising in connection with any case under the Bankruptcy Code filed by or against the BorrowersLoans. The Borrowers agree to pay all stamp, document, transfer, recording or filing taxes or fees and similar impositions now or in the future determined by the Lender Agent and the Banks to be payable in connection with this Agreement, the Notes or any other Loan Document. The Borrowers agree to save the Lender Agent and the Banks harmless from and against any and all present or future claims, liabilities or losses with respect to or resulting from any omission to pay or delay in paying any such taxes, fees or impositions. In the event of termination a determination adverse to the Borrowers a Borrower of any action at law or suit in equity in relation to this Agreement, the Notes or the other Loan Documents, the Borrowers will pay, in addition to all other sums which the Borrowers may be required to pay, a reasonable sum for attorneys' attorneys and paralegals' paralegals fees incurred by the Lender Agent and the Banks or the holder of the Notes in connection with such action or suit. All payments due from the Borrowers under this Section will be added to and become part of the Loans until paid in full.

Appears in 1 contract

Samples: Credit Agreement (Baker Michael Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.