Common use of FEES AND EXPENSES; INTEREST Clause in Contracts

FEES AND EXPENSES; INTEREST. (a) The Debtor agrees, to pay to the Secured Party, on demand, all reasonable costs and out-of-pocket expenses that the Secured Party pays or incurs in connection with the administration (after the occurrence and during the continuance of an Event of Default), enforcement and termination of this Agreement, including, without limitation: (i) costs and out-of-pocket expenses (including Attorney Costs) paid or incurred to obtain payment of the Obligations, enforce the Secured Party's Liens, sell or otherwise realize upon the Collateral, and otherwise enforce the provisions of this Agreement or to defend any claims made or threatened against the Secured Party arising out of the transactions contemplated hereby (including, without limitation, preparations for and consultations concerning any such matters); (ii) costs and out-of-pocket expenses (including Attorney Costs) for any amendment, supplement, waiver or consent in connection with this Agreement; (iii) costs and out-of-pocket expenses of lien searches; (iv) taxes, fees and other charges for filing financing statements and continuations, and other actions to perfect, protect, and continue the Secured Party's Liens; (v) sums paid or incurred to pay any amount or take any action required of the Debtor under this Agreement that the Debtor fails to pay or take; (vi) costs of inspections, and verifications of the Collateral, including, without limitation, travel, lodging, and meals for inspections of the Collateral and the Debtor's operations by the Secured Party; (vii) costs and out-of-pocket expenses of collecting checks and other items of payment, and establishing and maintaining blocked accounts and lock boxes; and (viii) costs and expenses of preserving and protecting the Collateral. The foregoing shall not be construed to limit any other provisions of the Loan Documents regarding costs and out-of-pocket expenses to be paid by the Debtor. (b) If the Debtor fails to pay when due any amount payable by it to the Secured Party hereunder (including any reimbursement obligations of the Debtor hereunder), after written notice thereof from the Secured Party, such unpaid amount shall bear interest, payable by the Debtor on demand, at a rate per annum equal to the rate borne by the Promissory Note on overdue amounts of principal.

Appears in 2 contracts

Samples: Security Agreement (Interiors Inc), Security Agreement (Interiors Inc)

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FEES AND EXPENSES; INTEREST. (a) The Debtor agrees, to pay to the Secured Party, on demand, all reasonable costs and out-of-pocket expenses that the Secured Party pays or incurs in connection with the administration (after the occurrence and during the continuance of an Event of Default), enforcement and termination of this Agreement, including, without limitation: (i) costs and out-of-pocket expenses (including Attorney Attorneys Costs) paid or incurred to obtain payment of the Obligations, enforce the Secured Party's Liens, sell or otherwise realize upon the Collateral, and otherwise enforce the provisions of this Agreement or to defend any claims made or threatened against the Secured Party arising out of the transactions contemplated hereby (including, without limitation, preparations for and consultations concerning any such matters); (ii) costs and out-of-pocket expenses (including Attorney Costs) for any amendment, supplement, waiver or consent in connection with this Agreement; (iii) costs and out-of-pocket expenses of lien searches; (iv) taxes, fees and other charges for filing financing statements and continuations, and other actions to perfect, protect, and continue the Secured Party's Liens; (v) sums paid or incurred to pay any amount or take any action required of the Debtor under this Agreement that the Debtor fails to pay or take; (vi) costs of inspections, and verifications of the Collateral, including, without limitation, travel, lodging, and meals for inspections of the Collateral and the Debtor's operations by the Secured Party; (vii) costs and out-of-pocket expenses of collecting checks and other items of payment, and establishing and maintaining blocked accounts and lock boxes; and (viii) costs and expenses of preserving and protecting the Collateral. The foregoing shall not be construed to limit any other provisions of the Loan Credit Documents regarding costs and out-of-pocket expenses to be paid by the Debtor. (b) If the Debtor fails to pay when due any amount payable by it to the Secured Party hereunder (including any reimbursement obligations of the Debtor hereunder), after written notice thereof from the Secured Party, such unpaid amount shall bear interest, payable by the Debtor on demand, at a rate per annum equal to the rate borne by the Promissory Note on overdue amounts of principal.

Appears in 1 contract

Samples: Security Agreement (Royal Ahold)

FEES AND EXPENSES; INTEREST. (a) The Debtor Each Grantor agrees, to pay to the Secured Party, on demand, all reasonable costs and out-of-pocket expenses that the Secured Party pays or incurs in connection with the administration (after the occurrence and during the continuance of an Event of Default), enforcement and termination of this Agreement, including, without limitation: (i) costs and out-of-pocket expenses (including Attorney Costs) paid or incurred to obtain payment of the Obligations, enforce the Secured Party's Liens, sell or otherwise realize upon the Collateral, and otherwise enforce the provisions of this Agreement or to defend any claims made or threatened against the Secured Party arising out of the transactions contemplated hereby (including, without limitation, preparations for and consultations concerning any such matters); (ii) costs and out-of-pocket expenses (including Attorney Costs) for any amendment, supplement, waiver or consent in connection with this Agreement; (iii) costs and out-of-pocket expenses of lien searches; (iv) taxes, fees and other charges for filing financing statements and continuations, and other actions to perfect, protect, and continue the Secured Party's Liens; (v) sums paid or incurred to pay any amount or take any action required of the Debtor any Grantor under this Agreement that the Debtor fails Grantors fail to pay or take; (vi) costs of inspections, and verifications of the Collateral, including, without limitation, travel, lodging, and meals for inspections of the Collateral and the Debtor's Grantors' operations by the Secured Party; (vii) costs and out-of-pocket expenses of collecting checks and other items of payment, and establishing and maintaining blocked accounts and lock boxes; and (viii) costs and expenses of preserving and protecting the Collateral. The foregoing shall not be construed to limit any other provisions of the Loan Documents regarding costs and out-of-pocket expenses to be paid by the DebtorGrantors. (b) If the Debtor any Grantor fails to pay when due any amount payable by it to the Secured Party hereunder (including any reimbursement obligations of the Debtor Grantors hereunder), after written notice thereof from the Secured Party, such unpaid amount shall bear interest, payable by the Debtor Grantors on demand, at a rate per annum equal to the rate borne by the Promissory Note on overdue amounts of principal.

Appears in 1 contract

Samples: Security Agreement (Interiors Inc)

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FEES AND EXPENSES; INTEREST. (a) The Debtor agrees, to pay to the Secured Party, on demand, all reasonable costs and out-of-pocket expenses that the Secured Party pays or incurs in connection with the administration (after the occurrence and during the continuance of an Event of Default), enforcement and termination of this Agreement, including, without limitation: (i) costs and out-of-pocket expenses (including Attorney Attorneys Costs) paid or incurred to obtain payment of the Obligations, enforce the Secured Party's Liens, sell or otherwise realize upon the Collateral, and otherwise enforce the provisions of this Agreement or to defend any claims made or threatened against the Secured Party arising out of the transactions contemplated hereby (including, without limitation, preparations for and consultations concerning any such matters); (ii) costs and out-of-pocket expenses (including Attorney Costs) for any amendment, supplement, waiver or consent in connection with this Agreement; (iii) costs and out-of-pocket expenses of lien searches; (iv) taxes, fees and other charges for filing financing statements and continuations, and other actions to perfect, protect, and continue the Secured Party's Liens; (v) sums paid or incurred to pay any amount or take any action required of the Debtor under this Agreement that the Debtor fails to pay or take; (vi) costs of inspections, and verifications of the Collateral, including, without limitation, travel, lodging, and meals for inspections of the Collateral and the Debtor's operations by the Secured Party; (vii) costs and out-of-pocket expenses of collecting checks and other items of payment, and establishing and maintaining blocked accounts and lock boxes; and (viii) costs and expenses of preserving and protecting the Collateral. The foregoing shall not be construed to limit any other provisions of the Loan Credit Documents regarding costs and out-out- of-pocket expenses to be paid by the Debtor. (b) If the Debtor fails to pay when due any amount payable by it to the Secured Party hereunder (including any reimbursement obligations of the Debtor hereunder), after written notice thereof from the Secured Party, such unpaid amount shall bear interest, payable by the Debtor on demand, at a rate per annum equal to the rate borne by the Promissory Note on overdue amounts of principal.

Appears in 1 contract

Samples: Security Agreement (Peapod Inc)

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