Common use of Interest, Costs and Attorneys' Fees Clause in Contracts

Interest, Costs and Attorneys' Fees. 6.1 If the Guarantors fail to timely pay all or any portion of the Guaranty Obligation in accordance with the provisions of Section 1 of this Guaranty, such amount shall bear interest as provided in Section 1.2 of this Guaranty. 6.2 If the LGCB refers this Guaranty to an attorney to enforce, construe, or defend any provision hereof, or as a consequence of any default hereunder by the Guarantors in connection with: (a) any litigation, contest, dispute, suit, proceeding or action (whether instituted by the LGCB, the Company, the Guarantors or any other person) in any way relating to the enforcement of rights or remedies under this Guaranty; (b) any attempt to enforce any rights of the LGCB hereunder against the Guarantors or any other person; or (c) any attempt to defend any provision hereof; then, and in any such event, the attorneys' fees arising from such services, including those of any appellate proceedings, and all expenses, costs, charges and other fees incurred by such counsel and others in any way or respect arising in connection with or relating to any of the events or actions described herein shall be payable, on demand, by the Guarantors to the LGCB or the Guarantors shall cause the Company to make such payment, and if not so paid, shall be a part of the Guaranty Obligation. The reference to "attorneys' fees" in this Section 6.2 and in all other places in this Guaranty shall also include, without limitation, such reasonable amounts as may then be charged for legal services furnished by attorneys retained or employed by the State or the LGCB. Such attorneys' fees, costs and expenses shall include, without limitation, those incurred in connection with any bankruptcy, reorganization, insolvency, receivership, liquidation, arrangement, lawsuits in state or federal court, or other similar proceedings involving either Guarantor which in any way affect the exercise by the LGCB of its rights and remedies hereunder.

Interest, Costs and Attorneys' Fees. 6.1 7.1. If the Completion Guarantors fail to timely pay all or any portion of any monetary amounts due as a part of the Guaranty Obligation in accordance with Obligations upon notice or demand by the provisions Landlord, the amount of Section 1 such monetary portion of this Guaranty, such amount the Obligations and all other sums payable by the Completion Guarantors to the Landlord hereunder shall bear interest from the date of such notice or demand, as provided in Section 1.2 of this Guarantythe case may be, at the legal rate for judgments under Louisiana law. 6.2 If 7.2. If, at any time following a default by the LGCB Company in the performance of the Obligations which default entitles the Landlord to require performance hereunder (whether or not notice is actually given pursuant to Section 2.1), the Landlord refers this Guaranty Completion Guarantee to an attorney to enforce, construe, or defend any provision hereof, or as a consequence of any default hereunder by the Guarantors Completion Guarantors, the Landlord shall employ counsel for advice or representation or shall incur legal or other costs and expenses, with or without the filing of any legal action or proceeding, in connection with: (a) any litigation, contest, dispute, suit, proceeding or action (whether instituted by the LGCBLandlord, the Company, the Completion Guarantors or any other person) in any way relating to the enforcement of rights or remedies under this GuarantyCompletion Guarantee; (b) any attempt to enforce any rights of the LGCB Landlord hereunder against the Completion Guarantors or any other person; or; (c) any attempt to defend any provision hereof; or (d) the Performance Bond; then, and in any such event, the attorneys' fees arising from such services, including those of any appellate proceedings, and all expenses, costs, charges and other fees incurred by such counsel and others in any way or respect arising in connection with or relating to any of the events or actions described herein shall be payable, on demand, by the Completion Guarantors to the LGCB Landlord or the Completion Guarantors shall cause the Company to make such payment, and if not so paid, shall be additional Obligations under this Completion Guarantee; provided that upon any engagement of counsel (i) following a part default by the Company in the performance of the Guaranty ObligationObligations and (ii) prior to the date on which the Landlord gives written notice pursuant to Section 2.1 (the "Notice Date"), the Landlord shall make demand on the Company for any expenses of such counsel incurred prior to the Notice Date and such expenses shall only become an Obligation under this Completion Guarantee if the Company shall fail timely to pay such expenses. The reference to "attorneys' fees" in this Section 6.2 7.2 and in all other places in this Guaranty Completion Guarantee shall also include, include without limitation, limitation such reasonable amounts as may then be charged for costs and expenses of legal services furnished by attorneys retained or employed by the State or the LGCBLandlord. Such attorneys' fees, costs and expenses fees shall include, without limitation, those incurred in connection with any bankruptcy, reorganization, insolvency, receivership, liquidation, arrangement, lawsuits in state or federal court, or other similar proceedings involving either Completion Guarantor which in any way affect the exercise by the LGCB Landlord of its rights and remedies hereunder.

Interest, Costs and Attorneys' Fees. 6.1 7.1. If the Completion Guarantors fail to timely pay all or any portion of any monetary amounts due as a part of the Guaranty Obligation in accordance with Obligations upon notice or demand by the provisions LGCB, the amount of Section 1 such monetary portion of this Guaranty, such amount the Obligations and all other sums payable by the Completion Guarantors to the LGCB hereunder shall bear interest from the date of such notice or demand, as provided in Section 1.2 of this Guarantythe case may be, at the legal rate for judgments under Louisiana law. 6.2 If 7.2. If, at any time following a default by the Company in the performance of the Completion Obligations or the Carry Obligations which default entitles the LGCB to require performance hereunder (whether or not notice is actually given pursuant to Section 2.1), the LGCB refers this Guaranty Completion Guarantee to an attorney to enforce, construe, or defend any provision hereof, or as a consequence of any default hereunder by the Guarantors Completion Guarantors, the LGCB shall employ counsel for advice or representation or shall incur legal or other costs and expenses, with or without the filing of any legal action or proceeding, in connection with: (a) any litigation, contest, dispute, suit, proceeding or action (whether instituted by the LGCB, the Company, the Completion Guarantors or any other person) in any way relating to the enforcement of rights or remedies under this GuarantyCompletion Guarantee; (b) any attempt to enforce any rights of the LGCB hereunder against the Completion Guarantors or any other person; or; (c) any attempt to defend any provision hereof; or (d) the Performance Bond; then, and in any such event, the attorneys' fees arising from such services, including those of any appellate proceedings, and all expenses, costs, charges and other fees incurred by such counsel and others in any way or respect arising in connection with or relating to any of the events or actions described herein shall be payable, on demand, by the Completion Guarantors to the LGCB or the Completion Guarantors shall cause the Company to make such payment, and if not so paid, shall be additional Obligations under this Completion Guarantee; provided that upon any engagement of counsel (i) following a part default by the Company in the performance of the Guaranty ObligationCompletion Obligations or the Carry Obligations and (ii) prior to the date on which the LGCB gives written notice pursuant to Section 2.1 (the "Notice Date"), the LGCB shall make demand on the Company for any expenses of such counsel incurred prior to the Notice Date and such expenses shall only become an Obligation under this Completion Guarantee if the Company shall fail timely to pay such expenses. The reference to "attorneys' fees" in this Section 6.2 7.2 and in all other places in this Guaranty Completion Guarantee shall also include, without limitation, such reasonable amounts as may then be charged for legal services furnished by attorneys retained or employed by the State or the LGCB. Such attorneys' fees, costs and expenses shall include, without limitation, those incurred in connection with any bankruptcy, reorganization, insolvency, receivership, liquidation, arrangement, lawsuits in state or federal court, or other similar proceedings involving either Completion Guarantor which in any way affect the exercise by the LGCB of its rights and remedies hereunder.

Interest, Costs and Attorneys' Fees. 6.1 7.1. If the Completion Guarantors fail to timely pay all or any portion of any monetary amounts due as a part of the Guaranty Obligation in accordance with Obligations upon notice or demand by the provisions Trustee, the amount of Section 1 such monetary portion of this Guaranty, such amount the Obligations and all other sums payable by the Completion Guarantors to the Trustee hereunder shall bear interest from the date of such notice or demand, as provided the case may be, at two percent (2%) over the prime rate of interest charged by Citibank, N.A. at its offices in Section 1.2 of this GuarantyNew York, New York, to borrowers on ninety (90) day unsecured commercial loans, as the same may be changed from time to time. 6.2 If 7.2. If, at any time following a default by the LGCB Company in the performance of the Completion Obligations, the Carry Obligations or the Preservation Obligations which default entitles the Trustee to require performance hereunder (whether or not notice is actually given pursuant to Section 2.1), the Trustee refers this Guaranty Completion Guarantee to an attorney to enforce, construe, or defend any provision hereof, or as a consequence of any default hereunder by the Guarantors Completion Guarantors, the Trustee shall employ counsel for advice or representation or shall incur legal or other costs and expenses, with or without the filing of any legal action or proceeding, in connection with: (a) any litigation, contest, dispute, suit, proceeding or action (whether instituted by the LGCBTrustee, the Company, the Completion Guarantors or any other person) in any way relating to the enforcement of rights or remedies under this GuarantyCompletion Guarantee; (b) any attempt to enforce any rights of the LGCB Trustee hereunder against the Completion Guarantors or any other person; or; (c) any attempt to defend any provision hereof; or (d) the Performance Bond; then, and in any such event, the attorneys' fees arising from such services, including those of any appellate proceedings, and all expenses, costs, charges and other fees incurred by such counsel and others in any way or respect arising in connection with or relating to any of the events or actions described herein shall be payable, on demand, by the Completion Guarantors to the LGCB Trustee or the Completion Guarantors shall cause the Company to make such payment, and if not so paid, shall be additional Obligations under this Completion Guarantee; provided that upon any engagement of counsel (i) following a part default by the Company in the performance of the Guaranty ObligationObligations and (ii) prior to the date on which the Trustee gives written notice pursuant to Section 2.1 (the "Notice Date"), the Trustee shall make demand on the Company for any expenses of such counsel incurred prior to the Notice Date and such expenses shall only become an Obligation under this Completion Guarantee if the Company shall fail timely to pay such expenses. The reference to "attorneys' fees" in this Section 6.2 7.2 and in all other places in this Guaranty Completion Guarantee shall also include, without limitation, such reasonable amounts as may then be charged for costs and expenses of legal services furnished by attorneys retained or employed by the State or the LGCBTrustee. Such attorneys' fees, costs and expenses fees shall include, without limitation, those incurred in connection with any bankruptcy, reorganization, insolvency, receivership, liquidation, arrangement, lawsuits in state or federal court, or other similar proceedings involving either Completion Guarantor which in any way affect the exercise by the LGCB Trustee of its rights and remedies hereunder.

Interest, Costs and Attorneys' Fees. 6.1 If the Guarantors fail to timely pay all or any portion of the Guaranty Obligation in accordance with the provisions of Section 1 of this Guaranty, such amount shall bear interest as provided in Section 1.2 and/or in Section 1.7 of this Guaranty, as applicable. 6.2 If the LGCB refers this Guaranty to an attorney to enforce, construe, or defend any provision hereof, or as a consequence of any default hereunder by the Guarantors in connection with: (a) any litigation, contest, dispute, suit, proceeding or action (whether instituted by the LGCB, the Company, the Guarantors or any other person) in any way relating to the enforcement of rights or remedies under this Guaranty; (b) any attempt to enforce any rights of the LGCB hereunder against the Guarantors or any other person; or (c) any attempt to defend any provision hereof; then, and in any such event, the attorneys' fees arising from such services, including those of any appellate proceedings, and all expenses, costs, charges and other fees incurred by such counsel and others in any way or respect arising in connection with or relating to any of the events or actions described herein shall be payable, on demand, by the Guarantors to the LGCB or the Guarantors shall cause the Company to make such payment, and if not so paid, shall be a part of the Guaranty Obligation. The reference to "attorneys' fees" in this Section 6.2 and in all other places in this Guaranty shall also include, without limitation, such reasonable amounts as may then be charged for legal services furnished by attorneys retained or employed by the State or the LGCB. Such attorneys' fees, costs and expenses shall include, without limitation, those incurred in connection with any bankruptcy, reorganization, insolvency, receivership, liquidation, arrangement, lawsuits in state or federal court, or other similar proceedings involving either Guarantor which in any way affect the exercise by the LGCB of its rights and remedies hereunder.

Interest, Costs and Attorneys' Fees. 6.1 a. If the Guarantors fail Borrower or Guarantor fails to timely pay upon demand by Lender all or any portion of the Guaranty Obligation in accordance with Obligations hereby guaranteed, the provisions amount of Section 1 of this Guaranty, such amount Obligations and all other sums payable by Guarantor to Lender hereunder shall bear interest from the date of demand at the rate applicable to the principal balance of the Obligation as provided set forth in Section 1.2 of this Guarantyany documents evidencing the same, or, if such Obligation has been fully repaid, at the rate that would be applicable if such Obligation had not been fully repaid. 6.2 b. If Lender refers any of the LGCB refers Obligations or this Guaranty to an attorney to enforce, construe, construe or defend any provision hereofthereof, or as a consequence of any default hereunder or Event of Default thereunder, with or without the filing of any legal action or proceeding, Guarantor shall pay to Lender upon demand the amount of all attorneys' fees, costs and other expenses incurred by the Guarantors Xxxxxx in connection with: (a) any litigationtherewith, contest, dispute, suit, proceeding or action (whether instituted by together with interest thereon from the LGCB, date of demand at the Company, rate applicable to the Guarantors or any other person) principal balance of the Obligation as set forth in any way relating to documents evidencing the enforcement of rights or remedies under this Guaranty; (b) any attempt to enforce any rights of same, or, if such Obligation has been fully repaid, at the LGCB hereunder against the Guarantors or any other person; or (c) any attempt to defend any provision hereof; then, and in any rate that would be applicable if such event, the attorneys' fees arising from such services, including those of any appellate proceedings, and all expenses, costs, charges and other fees incurred by such counsel and others in any way or respect arising in connection with or relating to any of the events or actions described herein shall be payable, on demand, by the Guarantors to the LGCB or the Guarantors shall cause the Company to make such payment, and if Obligation had not so paid, shall be a part of the Guaranty Obligationbeen fully repaid. The reference to "attorneys' fees" in this Section 6.2 paragraph and in all other places in this Guaranty shall also include, include without limitation, limitation such reasonable amounts as may then be charged by Lender for legal services furnished by attorneys retained or employed in the employ of Xxxxxx, at rates not exceeding those that would be charged by the State or the LGCBoutside attorneys for comparable services. Such attorneys' fees, costs and expenses shall include, include without limitation, limitation those incurred in connection with any bankruptcy, reorganization, insolvency, receivership, liquidation, arrangement, lawsuits in state or federal court, arrangement or other similar proceedings involving either Guarantor which in any way affect the exercise by the LGCB Lender of its rights and remedies hereunder.

Interest, Costs and Attorneys' Fees. 6.1 7.1. If the Completion Guarantors fail to timely pay all or any portion of any monetary amounts due as a part of the Guaranty Obligation in accordance with Obligations upon notice or demand by the provisions Administrative Agent, the amount of Section 1 such monetary portion of this Guaranty, such amount the Obligations and all other sums payable by the Completion Guarantors to the Administrative Agent hereunder shall bear interest from the date of such notice or demand, as provided the case may be, at four percent (4%) over the prime rate of interest charged by Citibank, N.A. at its offices in Section 1.2 of this GuarantyNew York, New York, to borrowers on ninety (90) day unsecured commercial loans, as the same may be changed from time to time. 6.2 If 7.2. If, at any time following a default by the LGCB Company in the performance of the Completion Obligations, the Carry Obligations or the Preservation Obligations which default entitles the Administrative Agent to require performance hereunder (whether or not notice is actually given pursuant to Section 2.1), the Administrative Agent refers this Guaranty Completion Guarantee to an attorney to enforce, construe, or defend any provision hereof, or as a consequence of any default hereunder by the Guarantors Completion Guarantors, the Administrative Agent shall employ counsel for advice or representation or shall incur legal or other costs and expenses, with or without the filing of any legal action or proceeding, in connection with: (a) any litigation, contest, dispute, suit, proceeding or action (whether instituted by the LGCBAdministrative Agent, the Company, the Completion Guarantors or any other person) in any way relating to the enforcement of rights or remedies under this GuarantyCompletion Guarantee; (b) any attempt to enforce any rights of the LGCB Administrative Agent hereunder against the Completion Guarantors or any other person; or; (c) any attempt to defend any provision hereof; or (d) the Performance Bond; then, and in any such event, the attorneys' fees arising from such services, including those of any appellate proceedings, and all expenses, costs, charges and other fees incurred by such counsel and others in any way or respect arising in connection with or relating to any of the events or actions described herein shall be payable, on demand, by the Completion Guarantors to the LGCB Administrative Agent or the Completion Guarantors shall cause the Company to make such payment, and if not so paid, shall be additional Obligations under this Completion Guarantee; provided that upon any engagement of counsel (i) following a part default by the Company in the performance of the Guaranty ObligationObligations and (ii) prior to the date on which the Administrative Agent gives written notice pursuant to Section 2.1 (the "Notice Date"), the Administrative Agent shall make demand on the Company for any expenses of such counsel incurred prior to the Notice Date and such expenses shall only become an Obligation under this Completion Guarantee if the Company shall fail timely to pay such expenses. The reference to "attorneys' fees" in this Section 6.2 7.2 and in all other places in this Guaranty Completion Guarantee shall also include, without limitation, such reasonable amounts as may then be charged for costs and expenses of legal services furnished by attorneys retained or employed by the State or the LGCBAdministrative Agent. Such attorneys' fees, costs and expenses fees shall include, without limitation, those incurred in connection with any bankruptcy, reorganization, insolvency, receivership, liquidation, arrangement, lawsuits in state or federal court, or other similar proceedings involving either Completion Guarantor which in any way affect the exercise by the LGCB Administrative Agent of its rights and remedies hereunder.