Common use of Lender’s Attorney Fees and Expenses Clause in Contracts

Lender’s Attorney Fees and Expenses. If at any time prior to repayment of the Loan in full, Lender employs counsel for advice or other representation (whether or not any suit has been or shall be filed and whether or not other legal proceedings have been or shall be instituted and, if such suit is filed or legal proceedings instituted, through all administrative, trial, and appellate levels) with respect to the Loan, the Property or any part thereof, this Agreement or any of the Loan Documents (expressly excluding, however, legal fees incurred by Lender in any general audit of Lender’s loan portfolio, but expressly including without limitation any proposed or actual restructuring of the Loan, or to protect, collect, lease, sell, take possession of, or liquidate any of the Property, or to attempt to enforce any security interest or lien on any of the Property, or to enforce any rights of Lender or any of Borrower’s obligations hereunder or those of any other person, firm or corporation which may be obligated to Lender by virtue of this Agreement or any other agreement, instrument or document heretofore or hereafter delivered to Lender by or for the benefit of Borrower, or to analyze and respond to any request for consent or approval made by Borrower), then, in any such event, all of the reasonable attorney fees and expenses arising from such services, and all expenses, costs and charges relating thereto, shall bear interest from the date expended at the Default Rate and shall be paid by Borrower on demand and if Borrower fails to pay such fees, costs and expenses, payment thereof by Lender shall be deemed to constitute disbursement of further Loan proceeds hereunder (even if the total amount of disbursements would exceed the face amount of the Note) and shall constitute additional indebtedness of Borrower to Lender, payable on demand and secured by the Security Instrument and other Loan Documents.

Appears in 3 contracts

Samples: Loan Agreement (Pillarstone Capital Reit), Loan Agreement (Whitestone REIT), Loan Agreement (Whitestone REIT Operating Partnership, L.P.)

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Lender’s Attorney Fees and Expenses. If at any time hereafter prior to repayment of the Loan in full, Lender employs counsel for advice or other representation (whether or not any suit has been or shall be filed and whether or not other legal proceedings have been or shall be instituted and, if such suit is filed or legal proceedings instituted, through all administrative, trial, and appellate levels) with respect to the Loan, the Property Project or any part thereof, this Agreement or any of the Loan Documents (expressly excludingDocuments, however, legal fees incurred by Lender in any general audit of Lender’s loan portfolio, but expressly including without limitation any proposed or actual restructuring of the Loan, or to protect, collect, lease, sell, take possession of, or liquidate any of the PropertyProject, or to attempt to enforce any security interest or lien on any of the PropertyProject, or to enforce any rights of Lender or any of Borrower’s 's obligations hereunder or those of any other person, firm or corporation which may be obligated to Lender by virtue of this Agreement or any other agreement, instrument or document heretofore or hereafter delivered to Lender by or for the benefit of Borrower, or to analyze and respond to any request for consent or approval made by Borrower), then, in any such event, all of the reasonable attorney fees and expenses arising from such services, and all expenses, costs and charges relating thereto, shall bear interest from the date expended at the Default Rate and shall be paid by Borrower on demand and if Borrower fails to pay such fees, costs and expenses, expenses payment thereof by Lender shall be deemed to constitute disbursement of further the Loan proceeds hereunder (even if the total amount of disbursements would exceed the face amount of the Note) and shall constitute additional indebtedness of Borrower to Lender, payable on demand and secured by the Security Instrument Mortgage and other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Applied Epi Inc)

Lender’s Attorney Fees and Expenses. If at any time hereafter prior to repayment of the Loan in full, Lender employs counsel for advice or other representation (whether or not any suit has been or shall be filed and whether or not other legal proceedings have been or shall be instituted and, if such suit is filed or legal proceedings instituted, through all administrative, trial, and appellate levels) with respect to the Loan, the Property Project or any part thereof, this Agreement or any of the Loan Documents (expressly excluding, however, legal fees incurred by Lender in any general audit of Lender’s loan portfolio, but expressly including [without limitation limitation] any proposed or actual restructuring of the Loan, or to protect, collect, lease, sell, take possession of, or liquidate any of the PropertyProject, or to attempt to enforce any security interest or lien on any of the PropertyProject, or to enforce any rights of Lender or any of Borrower’s obligations hereunder or those of any other person, firm or corporation which may be obligated to Lender by virtue of this Agreement or any other agreement, instrument or document heretofore or hereafter delivered to Lender by or for the benefit of Borrower, or to analyze and respond to any request for consent or approval made by Borrower), then, in any such event, all of the reasonable attorney fees and expenses arising from such services, and all expenses, costs and charges relating thereto, shall bear interest from the date expended at the Default Rate and shall be paid by Borrower on demand and if Borrower fails to pay such fees, costs and expenses, expenses payment thereof by Lender shall be deemed to constitute disbursement of further the Loan proceeds hereunder (even if the total amount of disbursements would exceed the face amount of the Note) and shall constitute additional indebtedness of Borrower to Lender, payable on demand and secured by the Security Instrument and other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Wells Core Office Income Reit Inc)

Lender’s Attorney Fees and Expenses. If at any time hereafter prior to repayment of the Loan in full, Lender employs counsel for advice or other representation (whether or not any suit has been or shall be filed and whether or not other legal proceedings have been or shall be instituted and, if such suit is filed or legal proceedings instituted, through all administrative, trial, and appellate levels) with respect to the Loan, the Property Project or any part thereof, this Agreement or any of the Loan Documents (expressly excluding, however, legal fees incurred by Lender in any general audit of Lender’s loan portfolio, but expressly including without limitation any proposed or actual restructuring of the Loan, or to protect, collect, lease, sell, take possession of, or liquidate any of the PropertyProject, or to attempt to enforce any security interest or lien on any of the PropertyProject, or to enforce any rights of Lender or any of Borrower’s obligations hereunder or those of any other person, firm or corporation which may be obligated to Lender by virtue of this Agreement or any other agreement, instrument or document heretofore or hereafter delivered to Lender by or for the benefit of Borrower, or to analyze and respond to any request for consent or approval made by Borrower), then, in any such event, all of the reasonable attorney fees and expenses arising from such services, and all expenses, costs and charges relating thereto, shall bear interest from the date expended at the Default Rate and shall be paid by Borrower on demand and if Borrower fails to pay such fees, costs and expenses, expenses payment thereof by Lender shall be deemed to constitute disbursement of further the Loan proceeds hereunder (even if the total amount of disbursements would exceed the face amount of the Note) and shall constitute additional indebtedness of Borrower to Lender, payable on demand and secured by the Security Instrument and other Loan Documents.

Appears in 1 contract

Samples: Loan Assumption Agreement (Inland Diversified Real Estate Trust, Inc.)

Lender’s Attorney Fees and Expenses. If at any time hereafter prior to repayment of the Loan in full, Lender reasonably employs counsel for advice or other representation (whether or not any suit has been or shall be filed and whether or not other legal proceedings have been or shall be instituted and, if such suit is filed or legal proceedings instituted, through all administrative, trial, and appellate levels) with respect to the Loan, the any Property or any part thereof, this Agreement or any of the Loan Documents (expressly excludingDocuments, however, legal fees incurred by Lender in any general audit of Lender’s loan portfolio, but expressly including without limitation any proposed or actual restructuring of the Loan, or to protect, collect, lease, sell, take possession of, or liquidate any of the Property, or to attempt to enforce any security interest or lien on any of the Property, or to enforce any rights of Lender or any of Borrower’s Borrowers’ obligations hereunder or those of any other person, firm or corporation which may be obligated to Lender by virtue of this Agreement or any other agreement, instrument or document heretofore or hereafter delivered to Lender by or for the benefit of BorrowerBorrowers, or to analyze and respond to any request for consent or approval made by Borrower)Borrowers, then, in any such event, all of the reasonable attorney fees and expenses arising from such services, and all expenses, costs and charges relating thereto, shall shall, if not paid by Borrowers upon demand, bear interest from the date expended at the Default Rate and shall be paid by Borrower Borrowers on demand and if Borrower fails Borrowers fail to pay such fees, costs and expenses, expenses payment thereof by Lender shall be deemed to constitute disbursement of further the Loan proceeds hereunder (even if the total amount of disbursements would exceed the face amount of the Note) and shall constitute additional indebtedness of Borrower Borrowers to Lender, payable on demand and secured by the Security Instrument Mortgages and other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (First Potomac Realty Trust)

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Lender’s Attorney Fees and Expenses. If at any time hereafter prior to repayment of the Loan in full, Lender employs counsel for advice or other representation (whether or not any suit has been or shall be filed and whether or not other legal proceedings have been or shall be instituted and, if such suit is filed or legal proceedings instituted, through all administrative, trial, and appellate levels) with respect to the Loan, the Property Project or any part thereof, this Agreement or any of the Loan Documents (expressly excludingDocuments, however, legal fees incurred by Lender in any general audit of Lender’s loan portfolio, but expressly including without limitation any proposed or actual restructuring of the Loan, or to protect, collect, lease, sell, take possession of, or liquidate any of the PropertyProject, or to attempt to enforce any security interest or lien on any of the PropertyProject, or to enforce any rights of Lender or any of Borrower’s obligations hereunder or those of any other person, firm or corporation which may be obligated to Lender by virtue of this Agreement or any other agreement, instrument or document heretofore or hereafter delivered to Lender by or for the benefit of Borrower, or to analyze and respond to any request for consent or approval made by Borrower), then, in any such event, all of the reasonable attorney fees and expenses arising from such services, and all expenses, costs and charges relating thereto, shall bear interest from the date expended at the Default Rate and shall be paid by Borrower on demand and if Borrower fails to pay such fees, costs and expenses, expenses payment thereof by Lender shall be deemed to constitute disbursement of further the Loan proceeds hereunder (even if the total amount of disbursements would exceed the face amount of the Note) and shall constitute additional indebtedness of Borrower to Lender, payable on demand and secured by the Security Instrument Mortgage and other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Veeco Instruments Inc)

Lender’s Attorney Fees and Expenses. If at any time hereafter prior to repayment of the Loan in full, Lender employs counsel for advice or other representation (whether or not any suit has been or shall be filed and whether or not other legal proceedings have been or shall be instituted and, if such suit is filed or legal proceedings instituted, through all administrative, trial, and appellate levels) with respect to the Loan, the Property Project or any part thereof, this Agreement or any of the Loan Documents (expressly excluding, however, legal fees incurred by Lender in any general audit of Lender’s loan portfolio, but expressly including including, without limitation limitation, any proposed or actual restructuring of the Loan, or to protect, collect, lease, sell, take possession of, or liquidate any of the PropertyProject, or to attempt to enforce any security interest or lien on any of the PropertyProject, or to enforce any rights of Lender or any of Borrower’s obligations hereunder or those of any other person, firm or corporation which may be obligated to Lender by virtue of this Agreement or any other agreement, instrument or document heretofore or hereafter delivered to Lender by or for the benefit of Borrower, or to analyze and respond to any request for consent or approval made by Borrower), then, in any such event, all of the reasonable attorney fees and expenses arising from such services, and all expenses, costs and charges relating thereto, shall bear interest from the date expended at the Default Rate and shall be paid by Borrower on demand and if Borrower fails to pay such fees, costs and expenses, expenses payment thereof by Lender shall be deemed to constitute disbursement of further the Loan proceeds hereunder (even if the total amount of disbursements would exceed the face amount of the Note) and shall constitute additional indebtedness of Borrower to Lender, payable on demand and secured by the Security Instrument and other Loan Documents.. Loan Agreement

Appears in 1 contract

Samples: Loan Agreement (Netreit)

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