Common use of Lender Expenses Clause in Contracts

Lender Expenses. If Borrower fails to pay any moneys (whether taxes, assessments, insurance premiums or otherwise) due to third persons or entities, fails to make any deposits or furnish any required proof of payment or deposit or fails to discharge any Lien not permitted hereby, all as required under the terms of this Agreement, then Lender may, to the extent that it determines that such failure by Borrower could have a material adverse effect on Lender's interest in the Collateral, in its discretion and without prior notice to Borrower, make payment of the same or any part thereof; provided, however, Lender shall make a reasonable attempt to make a prior notification of Borrower if a delay in making such payment would not have a material advise impact on Lender's interest in the Collateral. Any amounts paid or deposited by Lender constitute Lender Expenses, become part of the Obligations, bear interest at the rate of eighteen percent (18%) per annum, and are secured by the Collateral. Any payments made by Lender do not constitute (a) an agreement by Lender to make similar payments in the future or (b) a waiver by Lender of any Event of Default under this Agreement. Lender need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance or Lien, and the receipt of the usual official notice for the payment of moneys to a governmental entity is conclusive evidence that the same was validly due and owing. Borrower shall immediately and without demand reimburse Lender for all sums expended by Lender that constitute Lender Expenses, and Borrower hereby authorizes and approves all advances and payments by Lender for items constituting Lender Expenses.

Lender Expenses. If Borrower fails to pay any moneys (whether taxes, assessments, insurance premiums or otherwise) due to third persons or entities, fails to make any deposits or furnish any required proof of payment or deposit or fails to discharge any Lien not permitted hereby, all as required under the terms of this Agreement, then Lender may, to the extent that it determines that such failure by Borrower could have a material adverse effect on Lender's interest in the Collateral, in its discretion and without prior notice to Borrower, make payment of the same or any part thereof; provided, however, Lender shall a make a reasonable attempt to make a provide Borrower with prior notification of Borrower notice if a the delay in making caused by providing such payment notice would not have a material advise adverse impact on Lender's interest in the Collateral. Any amounts paid or deposited by Lender constitute Lender ExpensesAdvances, become part of the Obligations, bear interest at the rate of eighteen percent (18%) per annum, annum and are secured by the Collateral. Any payments made by Lender do not constitute (a) an agreement by Lender to make similar payments in the future or (b) a waiver by Lender of any Event of Default under this Agreement. Lender need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance or Lien, and the receipt of the usual official notice for the payment of moneys to a governmental entity is conclusive evidence that the same was validly due and owing. Borrower shall immediately and without demand reimburse Lender for all sums expended by Lender that constitute Lender Expenses, and Borrower hereby authorizes and approves all advances and payments by Lender for items constituting Lender Expenses.

Lender Expenses. If Borrower fails to pay any moneys (whether taxes, assessments, insurance premiums or otherwise) due to third persons or entities, fails to make any deposits amounts or furnish any required proof of payment due to third persons or deposit or fails to discharge any Lien not permitted hereby, all entities as required under the terms of this Agreement, then Agent and/or any Lender may, may do (but shall not be required to do) any or all of the extent that it determines that such failure by Borrower could have a material adverse effect on Lender's interest in the Collateral, in its discretion and without prior notice to Borrower, following: (a) make payment of the same or any part thereof; provided(b) set up such reserves as Agent or such Lender, howeveras applicable, deems necessary to protect Agent and Lender shall make a reasonable attempt from the exposure created by such failure; or (c) obtain and maintain insurance policies of the type discussed in Section 6.8 of this Agreement, and take any action with respect to make a prior notification of Borrower if a delay in making such payment would not have a material advise impact on policies as Agent or such Lender's interest in the Collateral, as applicable, deems prudent. Any amounts paid or deposited by Lender Agent or such Lender, as applicable, shall constitute Lender Expenses, become part of the Obligationsshall be immediately due and payable, and shall bear interest at the then applicable rate of eighteen percent (18%) per annumhereinaboveherein above provided, and are shall be secured by the Collateral. Any payments made by Agent or such Lender do shall not constitute (a) an agreement by Agent or any Lender to make similar payments in the future or (b) a waiver by Lender Agent of any Event of Default under this Agreement. On the Seventh Amendment Funding Date, the Borrower shall cause $50,000 to deposited with the Agent as a prefunding deposit of the JS Lender’s several indemnification obligation pursuant to this Section 9.5. The foregoing deposit may be applied by the Agent if the JS Lender need not inquire as tofails to promptly fund any amount due hereunder, but shall in no way limit the JS Lender’s or contest the validity ofany other Lender’s obligations pursuant to this Section 9.5. Upon payment in full of all Secured Obligations, any such expense, tax, security interest, encumbrance or Lien, and funds remaining on deposit with the receipt of Agent shall be returned in accordance with the usual official notice for the payment of moneys to a governmental entity is conclusive evidence that the same was validly due and owing. Borrower shall immediately and without demand reimburse Lender for all sums expended by Lender that constitute Lender Expenses, and Borrower hereby authorizes and approves all advances and payments by Lender for items constituting Lender ExpensesBorrower’s instructions.

Lender Expenses. If Borrower fails fails, as required by the terms hereof, (i) to pay any moneys (whether taxes, assessments, insurance premiums or otherwise) due to third persons or entities, fails (ii) to make any deposits or furnish any required proof of payment or deposit or fails (iii) to discharge any Lien not permitted hereby, all as required under the terms of this Agreement, then Lender may, to the extent that it determines that such failure by Borrower could have a material adverse effect on Lender's interest interests in the Collateral, in its discretion and without prior notice to Borrower, make payment of the same or any part thereof; provided, however, Lender shall make a reasonable attempt to make a prior notification of Borrower if a delay in making such payment would not have a material advise impact on Lender's interest in the Collateral. Any amounts paid or deposited by Lender shall constitute Lender Expenses, shall become part of the Obligations, shall bear interest at the rate of eighteen percent (18%) per annum, and are shall be secured by the Collateral. Any payments made by Lender do shall not constitute (a) an agreement by Lender to make similar payments in the future or (b) a waiver by Lender of any Event of Default under this Agreement. Lender need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance or Lien, Lien and the receipt of the usual official notice for the payment of moneys to a governmental entity is shall be conclusive evidence that the same was validly due and owing. Borrower shall immediately and without demand reimburse Lender for all sums expended by Lender that constitute Lender Expenses, and Borrower hereby authorizes and approves all advances and payments by Lender for items constituting Lender Expenses.

Lender Expenses. If Borrower or an Affiliate fails to pay any moneys (whether taxes, assessments, insurance premiums or otherwise) due to third persons or entities, fails to make any deposits or furnish any required proof of payment or deposit or fails to discharge any Lien not permitted hereby, all as required under the terms of this Agreement, then Lender may, to the extent that it determines that such failure by Borrower or its Affiliates could have a material adverse effect on Lender's interest interests in the Collateral, in its discretion and without prior notice to Borrower, make payment of the same or any part thereof; provided, however, Lender shall make a reasonable attempt to make a prior notification of Borrower if a delay in making such payment would not have a material advise impact on Lender's interest in the Collateral. Any amounts paid or deposited by Lender shall constitute Lender Expenses, shall become part of the Obligations, shall bear interest at the rate of eighteen percent (18%) per annum, and are shall be secured by the Collateral. Any payments made by Lender do shall not constitute (a) an agreement by Lender to make similar payments in the future or (b) a waiver by Lender of any Event of Default under this Agreement. Lender need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance or Lien, and the receipt of the usual official notice for the payment of moneys to a governmental entity is shall be conclusive evidence that the same was validly due and owing. Borrower shall immediately and without demand reimburse Lender for all sums expended by Lender that constitute Lender Expenses, and Borrower hereby authorizes and approves all advances and payments by Lender for items constituting Lender Expenses.

Lender Expenses. If any Borrower fails fails, as required by the terms hereof, (a) to pay any moneys (whether taxes, assessments, insurance premiums or otherwise) due to third persons or entities, fails (b) to make any deposits or furnish any required proof of payment or deposit deposit, or fails (c) to discharge any Lien not permitted hereby, all as required under the terms of this Agreement, then Lender may, to the extent that it determines that such failure by such Borrower could have a material adverse effect on Lender's interest interests in the Collateral, in its discretion and without prior notice to such Borrower, make payment of the same or any part thereof; provided, however, Lender shall make a reasonable attempt to make a prior notification of Borrower if a delay in making such payment would not have a material advise impact on Lender's interest in the Collateral. Any amounts paid or deposited by Lender shall constitute Lender Expenses, shall become part of the Obligations, shall bear interest at the rate of eighteen percent (18%) per annum, and are shall be secured by the Collateral. Any payments made by Lender do shall not constitute (ai) an agreement by Lender to make similar payments in the future future, or (bii) a waiver by Lender of any Event of Default under this Agreement. Lender need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance or Lien, Lien and the receipt of the usual official notice for the payment of moneys to a governmental entity is shall be conclusive evidence that the same was validly due and owing. Each Borrower shall immediately and without demand reimburse Lender for all sums expended by Lender that constitute Lender Expenses, and Borrower hereby authorizes and approves all advances and payments by Lender for items constituting Lender Expenses.

Lender Expenses. If Borrower fails fails, as required by the terms hereof, (a) to pay any moneys (whether taxes, assessments, insurance premiums or otherwise) due to third persons or entities, fails (b) to make any deposits or furnish any required proof of payment or deposit deposit, or fails (c) to discharge any Lien not permitted hereby, all as required under the terms of this Agreement, then Lender may, to the extent that it determines that such failure by Borrower could have a material adverse effect on Lender's interest interests in the Collateral, in its discretion and without prior notice to Borrower, make payment of the same or any part thereof; provided, however, Lender shall make a reasonable attempt to make a prior notification of Borrower if a delay in making such payment would not have a material advise impact on Lender's interest in the Collateral. Any amounts paid or deposited by Lender shall constitute Lender Expenses, shall become part of the Obligations, shall bear interest at the rate of eighteen percent (18%) per annumannum equal to the Default Interest Rate, and are shall be secured by the Collateral. Any payments made by Lender do shall not constitute (ai) an agreement by Lender to make similar payments in the future future, or (bii) a waiver by Lender of any Event of Default under this Agreement. Lender need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance or Lien, Lien and the receipt of the usual official notice for the payment of moneys to a governmental entity is shall be conclusive evidence that the same was validly due and owing. Borrower shall immediately and without demand reimburse Lender for all sums expended by Lender that constitute Lender Expenses, and Borrower hereby authorizes and approves all advances and payments by Lender for items constituting Lender Expenses.

Lender Expenses. If Borrower or Guarantor fails to pay any moneys (whether taxes, assessments, insurance premiums or otherwise) due to third persons or entities, fails to make any deposits or furnish any required proof of payment or deposit or fails to discharge any Lien not permitted hereby, all as required under the terms of this Agreement, then Lender may, to the extent that it determines that such failure by Borrower or Guarantor could have a material adverse effect on Lender's interest in the Collateral, in its discretion and without prior notice to BorrowerBorrower or Guarantor, make payment of the same or any part thereof; provided, however, Lender shall make a reasonable attempt to make a prior notification of Borrower or Guarantor if a delay in making such payment would not have a material advise impact on Lender's interest in the Collateral. Any amounts paid or deposited by Lender constitute Lender Expenses, become part of the Obligations, bear interest at the rate of eighteen percent (18%) per annum, and are secured by the Collateral. Any payments made by Lender do not constitute (a) an agreement by Lender to make similar payments in the future or (b) a waiver by Lender of any Event of Default under this Agreement. Lender need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance or Lien, and the receipt of the usual official notice for the payment of moneys to a governmental entity is conclusive evidence that the same was validly due and owing. Borrower shall immediately and without demand reimburse Lender for all sums expended by Lender that constitute Lender Expenses, and Borrower hereby authorizes and approves all advances and payments by Lender for items constituting Lender Expenses.

Lender Expenses. If Borrower fails fails, as required by the terms hereof, (i) to pay any moneys (whether taxes, assessments, insurance premiums or otherwise) due to third persons or entities, fails (ii) to make any deposits or furnish any required proof of payment or deposit or fails (iii) to discharge any Lien not permitted hereby, all as required under the terms of this Agreement, then Lender may, to the extent that it determines that such failure by Borrower could have a material adverse effect on Lender's interest interests in the Collateral, in its discretion and without prior notice to Borrower, make payment of the same or any part thereof; provided, however, Lender shall make a reasonable attempt to make a prior notification of Borrower if a delay in making such payment would not have a material advise impact on Lender's interest in the Collateral. Any amounts paid or deposited by Lender shall constitute Lender Expenses, shall become part of the Obligations, shall bear interest at the rate of eighteen percent (18%) per annum, and are shall be secured by the Collateral. Any payments made by Lender do shall not constitute (a) an agreement by Lender to make similar payments in the future or (b) a waiver by Lender of any Event of Default under this Agreement. Lender need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance or Lien, Lien and the receipt of the usual official notice for the payment of moneys to a governmental entity is shall be conclusive evidence that the same was validly due and owing. owing Borrower shall immediately and without demand reimburse Lender for all sums expended by Lender that constitute Lender Expenses, and Borrower hereby authorizes and approves all advances and payments by Lender for items constituting Lender Expenses.

Lender Expenses. If Borrower fails fails, as required by the terms hereof, (i) to pay any moneys (whether taxes, assessments, insurance premiums or otherwise) due to third persons or entities, fails (ii) to make any deposits or furnish any required proof of payment or deposit or fails (iii) to discharge any Lien not permitted hereby, all as required under the terms of this Agreement, then Lender may, to the extent that it determines that such failure by Borrower could have a material adverse effect on Lender's interest interests in the Collateral, in its discretion and without prior notice to Borrower, make payment of the same or any part thereof; provided, however, Lender shall make a reasonable attempt to make a prior notification of Borrower if a delay in making such payment would not have a material advise impact on Lender's interest in the Collateral. Any amounts paid or deposited by Lender shall constitute Lender Expenses, shall become part of the Obligations, shall bear interest at the rate of eighteen percent (18%) per annum, and are shall be secured by the Collateral. Any payments made by Lender do shall not constitute (a) an agreement by Lender to make similar payments in the future or (b) a waiver by Lender of any Event of Default under this Agreement. Lender need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance or Lien, Lien and the receipt of the usual official notice for the payment of moneys to a governmental entity is shall be conclusive evidence that the same was validly due and owing. Borrower shall immediately and without demand reimburse Lender for all sums expended by Lender that constitute Lender Expenses, and Borrower hereby authorizes and approves all advances and payments reasonably made by Lender for items constituting Lender Expenses.

Lender Expenses. If Borrower fails to pay any moneys (whether taxes, assessments, insurance premiums or otherwise) due to third persons or entities, fails to make any deposits or furnish any required proof of payment or deposit or fails to discharge any Lien not permitted hereby, all as required under the terms of this Agreement, then Lender may, to the extent that it determines that such failure by Borrower could have a material adverse effect on Lender's interest in the Collateral, in its discretion and without prior notice to Borrower, make payment of the same or any part thereof; provided, however, Lender shall make a reasonable attempt to make a prior notification of Borrower if a delay in making such payment would not have a material advise impact on Lender's interest in the Collateral. Any amounts paid or deposited by Lender constitute Lender ExpensesAdvances, become part of the Obligations, bear interest at the rate of eighteen percent (18%) per annum, and are secured by the Collateral. Any payments made by Lender do not constitute (a) an agreement by Lender to make similar payments in the future or (b) a waiver by Lender of any Event of Default under this Agreement. Lender need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance or Lien, and the receipt of the usual official notice for the payment of moneys to a governmental entity is conclusive evidence that the same was validly due and owing. Borrower shall immediately and without demand reimburse Lender for all sums expended by Lender that constitute Lender Expenses, and Borrower hereby authorizes and approves all advances and payments by Lender for items constituting Lender Expenses.

Lender Expenses. If Borrower fails to pay any moneys (whether taxes, assessments, insurance premiums or otherwise) due to third persons or entities, fails to make any deposits amounts or furnish any required proof of payment due to third persons or deposit or fails to discharge any Lien not permitted hereby, all entities as required under the terms of this Agreement, then Agent and/or any Lender may, may do (but shall not be required to do) any or all of the extent that it determines that such failure by Borrower could have a material adverse effect on Lender's interest in the Collateral, in its discretion and without prior notice to Borrower, following: (a) make payment of the same or any part thereof; provided(b) set up such reserves as Agent or such Lender, howeveras applicable, deems necessary to protect Agent and Lender shall make a reasonable attempt from the exposure created by such failure; or (c) obtain and maintain insurance policies of the type discussed in Section 6.8 of this Agreement, and take any action with respect to make a prior notification of Borrower if a delay in making such payment would not have a material advise impact on policies as Agent or such Lender's interest in the Collateral, as applicable, deems prudent. Any amounts paid or deposited by Lender Agent or such Lender, as applicable, shall constitute Lender Expenses, become part of the Obligationsshall be immediately due and payable, and shall bear interest at the then applicable rate of eighteen percent (18%) per annumhereinabove provided, and are shall be secured by the Collateral. Any payments made by Agent or such Lender do shall not constitute (a) an agreement by Agent or any Lender to make similar payments in the future or (b) a waiver by Lender Agent of any Event of Default under this Agreement. On the Seventh Amendment Funding Date, the Borrower shall cause $50,000 to deposited with the Agent as a prefunding deposit of the JS Lender’s several indemnification obligation pursuant to this Section 9.5. The foregoing deposit may be applied by the Agent if the JS Lender need not inquire as tofails to promptly fund any amount due hereunder, but shall in no way limit the JS Lender’s or contest the validity ofany other Lender’s obligations pursuant to this Section 9.5. Upon payment in full of all Secured Obligations, any such expense, tax, security interest, encumbrance or Lien, and funds remaining on deposit with the receipt of Agent shall be returned in accordance with the usual official notice for the payment of moneys to a governmental entity is conclusive evidence that the same was validly due and owing. Borrower shall immediately and without demand reimburse Lender for all sums expended by Lender that constitute Lender Expenses, and Borrower hereby authorizes and approves all advances and payments by Lender for items constituting Lender ExpensesBorrower’s instructions.