Common use of Lender’s Attorneys’ Fees for Enforcement of Agreement Clause in Contracts

Lender’s Attorneys’ Fees for Enforcement of Agreement. In case of any Default or Event of Default hereunder, Borrower (in addition to Lender’s attorneys’ fees, if any, to be paid pursuant to Section 7.3) will pay Lender’s attorneys’ and paralegal fees (including, without limitation, any attorney and paralegal fees and costs incurred in connection with any litigation or bankruptcy or administrative hearing and any appeals therefrom and any post- judgment enforcement action including, without limitation, supplementary proceedings) in connection with the enforcement of this Agreement; without limiting the generality of the foregoing, if at any time or times hereafter Lender employs counsel (whether or not any suit has been or shall be filed and whether or not other legal proceedings have been or shall be instituted) for advice or other representation with respect to this Agreement, or any of the other Loan Documents, or to protect, collect, lease, sell, take possession of, or liquidate any of the Collateral, or to attempt to enforce any security interest or lien in any portion of the Collateral, or to enforce any rights of Lender or Borrower’s obligations hereunder, then in any of such events all of the attorneys’ fees arising from such services, and any expenses, costs and charges relating thereto (including fees and costs of paralegals), shall constitute an additional liability owing by Borrower to Lender, payable on demand. Notwithstanding the foregoing, attorneys' or paralegals' fees for which Borrower is obligated to pay or reimburse Lender under this Agreement and the other Loan Documents shall not include allocated costs for services of in-house counsel or in-house paralegals.

Appears in 1 contract

Samples: Loan Agreement (ServisFirst Bancshares, Inc.)

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Lender’s Attorneys’ Fees for Enforcement of Agreement. In case of ----------------------------------------------------- any Default default or Event of Default hereunder, Borrower (in addition to Lender’s 's attorneys' fees, if any, to be paid pursuant to Section 7.3) will pay Lender’s 's attorneys' and paralegal fees (including, without limitation, any attorney and paralegal fees and costs incurred in connection with any litigation or bankruptcy or administrative hearing and any appeals therefrom and any post- post-judgment enforcement action including, without limitation, supplementary proceedings) in connection with the enforcement of this Agreement; without limiting the generality of the foregoing, if at any time or times hereafter Lender employs counsel (whether or not any suit has been or shall be filed and whether or not other legal proceedings have been or shall be instituted) for advice or other representation with respect to the Project, this Agreement, or any of the other Loan Documents, or to protect, collect, lease, sell, take possession of, or liquidate any of the CollateralProject, or to attempt to enforce any security interest or lien in any portion of the CollateralProject, or to enforce any rights of Lender or Borrower’s 's obligations hereunder, then in any of such events all of the attorneys' fees arising from such services, and any expenses, costs and charges relating thereto (including fees and costs of paralegals), shall constitute an additional liability owing by Borrower to Lender, payable on demand. Notwithstanding the foregoing, attorneys' or paralegals' fees for which Borrower is obligated to pay or reimburse Lender under this Agreement and the other Loan Documents shall not include allocated costs for services of in-house counsel or in-house paralegals.

Appears in 1 contract

Samples: Loan Agreement (American Leisure Holdings, Inc.)

Lender’s Attorneys’ Fees for Enforcement of Agreement. In case of any Default or Event of Default hereunder, Borrower (in addition to Lender’s attorneys’ fees, if any, to be paid pursuant to Section 7.37.4) will pay Lender’s reasonable attorneys’ and paralegal fees (including, without limitation, any reasonable attorney and paralegal fees and costs incurred in connection with any litigation or bankruptcy or administrative hearing and any appeals therefrom and any post- post-judgment enforcement action including, without limitation, supplementary proceedings) in connection with the enforcement of this Agreement; without limiting the generality of the foregoing, if at any time or times hereafter Lender employs counsel (whether or not any suit has been or shall be filed and whether or not other legal proceedings have been or shall be instituted) for advice or other representation with respect to the Property, this Agreement, or any of the other Loan Documents, or to protect, collect, lease, sell, take possession of, or liquidate any of the CollateralProperty, or to attempt to enforce any security interest or lien in any portion of the CollateralProperty, or to enforce any rights of Lender or Borrower’s obligations hereunder, then in any of such events all of the reasonable attorneys’ fees arising from such services, and any reasonable out-of-pocket expenses, costs and charges relating thereto (including fees and costs of paralegals), shall constitute an additional liability owing by Borrower to Lender, payable on demand. Notwithstanding the foregoing, attorneys' or paralegals' fees for which Borrower is obligated to pay or reimburse Lender under this Agreement and the other Loan Documents shall not include allocated costs for services of in-house counsel or in-house paralegals.

Appears in 1 contract

Samples: Loan Agreement (Emeritus Corp\wa\)

Lender’s Attorneys’ Fees for Enforcement of Agreement. In case of any Default or Event of Default hereunder, Borrower (in addition to Lender’s attorneys’ fees, if any, to be paid pursuant to Section 7.3) will pay Lender’s attorneys’ and paralegal fees (including, without limitation, any attorney and paralegal fees and costs incurred in connection with any litigation or bankruptcy or administrative hearing and any appeals therefrom and any post- post‑ judgment enforcement action including, without limitation, supplementary proceedings) in connection with the enforcement of this Agreement; without limiting the generality of the foregoing, if at any time or times hereafter Lender employs counsel (whether or not any suit has been or shall be filed and whether or not other legal proceedings have been or shall be instituted) for advice or other representation with respect to this Agreement, or any of the other Loan Documents, or to protect, collect, lease, sell, take possession of, or liquidate any of the Collateral, or to attempt to enforce any security interest or lien in any portion of the Collateral, or to enforce any rights of Lender or Borrower’s obligations hereunder, then in any of such events all of the attorneys’ fees arising from such services, and any expenses, costs and charges relating thereto (including fees and costs of paralegals), shall constitute an additional liability owing by Borrower to Lender, payable on demand. Notwithstanding the foregoing, attorneys' or paralegals' fees for which Borrower is obligated to pay or reimburse Lender under this Agreement and the other Loan Documents shall not include allocated costs for services of in-house counsel or in-house paralegals.

Appears in 1 contract

Samples: Loan Agreement (Origin Bancorp, Inc. Attn: Chase Anderson)

Lender’s Attorneys’ Fees for Enforcement of Agreement. In case of any Default or Event of Default hereunder, Borrower (in addition to Lender’s attorneys’ fees, if any, to be paid pursuant to Section 7.3) will pay Lender’s reasonable attorneys’ and paralegal fees (including, without limitation, any reasonable attorney and paralegal fees and costs incurred in connection with any litigation or bankruptcy or administrative hearing and any appeals therefrom and any post- post-judgment enforcement action including, without limitation, supplementary proceedings) in connection with the enforcement of this Agreement; without limiting the generality of the foregoing, if at any time or times hereafter Lender employs counsel (whether or not any suit has been or shall be filed and whether or not other legal proceedings have been or shall be instituted) for advice or other representation with respect to the Property, this Agreement, or any of the other Loan Documents, or to protect, collect, lease, sell, take possession of, or liquidate any of the CollateralProperty, or to attempt to enforce any security interest or lien in any portion of the CollateralProperty, or to enforce any rights of Lender or Borrower’s obligations hereunder, then in any of such events all of the reasonable attorneys’ fees arising from such services, and any reasonable out-of-pocket expenses, costs and charges relating thereto (including fees and costs of paralegals), shall constitute an additional liability owing by Borrower to Lender, payable on demand. Notwithstanding the foregoing, attorneys' or paralegals' fees for which Borrower is obligated to pay or reimburse Lender under this Agreement and the other Loan Documents shall not include allocated costs for services of in-house counsel or in-house paralegals.

Appears in 1 contract

Samples: Loan Agreement (Emeritus Corp\wa\)

Lender’s Attorneys’ Fees for Enforcement of Agreement. In case of any Default or Event of Default hereunder, Borrower (in addition to Lender’s attorneys’ fees, if any, to be paid pursuant to Section 7.37.2) will pay Lender’s attorneys’ and paralegal fees (including, without limitation, any attorney and paralegal fees and costs incurred in connection with any litigation or bankruptcy or administrative hearing and any appeals therefrom and any post- post-judgment enforcement action including, without limitation, supplementary proceedings) in connection with the enforcement of this Agreement; without limiting the generality of the foregoing, if at any time or times hereafter Lender employs counsel (whether or not any suit has been or shall be filed and whether or not other legal proceedings have been or shall be instituted) for advice or other representation with respect to this Agreement, or any of the other Loan Documents, or to protect, collect, lease, sell, take possession of, or liquidate any of the Collateral, or to attempt to enforce any security interest or lien Lien in any portion of the Collateral, or to enforce any rights of Lender or Borrower’s obligations hereunder, then in any of such events all of the attorneys’ fees arising from such services, and any expenses, costs and charges relating thereto (including fees and costs of paralegals), shall constitute an additional liability owing by Borrower to Lender, payable on demand. Notwithstanding the foregoing, attorneys' or paralegals' fees for which Borrower is obligated to pay or reimburse Lender under this Agreement and the other Loan Documents shall not include allocated costs for services of in-house counsel or in-house paralegals.

Appears in 1 contract

Samples: Loan Agreement (YADKIN FINANCIAL Corp)

Lender’s Attorneys’ Fees for Enforcement of Agreement. In case of any Default or Event of Default hereunder, Borrower Borrowers (in addition to Lender’s attorneys’ fees, if any, to be paid pursuant to Section 7.36.3) will pay Lender’s and Lender’s attorneys’ and paralegal fees (including, without limitation, any attorney and paralegal fees and costs incurred in connection with any litigation or bankruptcy or administrative hearing and any appeals therefrom and any post- post-judgment enforcement action including, without limitation, supplementary proceedings) in connection with the enforcement of this Agreement; without limiting the generality of the foregoing, if at any time or times hereafter Lender or Lender employs counsel (whether or not any suit has been or shall be filed and whether or not other legal proceedings have been or shall be instituted) for advice or other representation with respect to any Property, this Agreement, or any of the other Loan Documents, or to protect, collect, lease, sell, take possession of, or liquidate any of the Collateralany Property, or to attempt to enforce any security interest or lien in any portion of the Collateralany Property, or to enforce any rights of Lender and Lender or Borrower’s Borrowers’ obligations hereunder, then in any of such events all of the reasonable attorneys’ fees arising from such services, and any reasonable expenses, costs and charges relating thereto (including reasonable fees and costs of paralegals), shall constitute an additional liability owing by Borrower Borrowers to Lender and Lender, payable on demand. Notwithstanding the foregoing, attorneys' or paralegals' fees for which Borrower is obligated to pay or reimburse Lender under this Agreement and the other Loan Documents shall not include allocated costs for services of in-house counsel or in-house paralegals.

Appears in 1 contract

Samples: Loan Agreement (Emeritus Corp\wa\)

Lender’s Attorneys’ Fees for Enforcement of Agreement. In case of any Event of Default or Event of material Default hereunder, Borrower (in addition to Lender’s 's attorneys' fees, if any, to be paid pursuant to Section 7.37.5) will pay Lender’s 's reasonable attorneys' and paralegal fees (including, without limitation, any attorney and paralegal fees and costs incurred in connection with such Event of Default or material Default, including, without limitation, any litigation or bankruptcy or administrative hearing and any appeals therefrom and any post- post-judgment enforcement action including, without limitation, supplementary proceedings) in connection with the enforcement of this Agreement; without limiting the generality of the foregoing, if at any time or times hereafter Lender employs counsel (whether or not any suit has been or shall be filed and whether or not other legal proceedings have been or shall be instituted) for advice or other representation with respect to the Project, this Agreement, or any of the other Loan Documents, or to protect, collect, lease, sell, take possession of, or liquidate any of the CollateralProject, or to attempt to enforce any security interest or lien in any portion of the CollateralProject, or to enforce any rights of Lender or Borrower’s 's obligations hereunder, then in any of such events all of the reasonable attorneys' fees arising from such services, and any expenses, costs and charges relating thereto (including fees and costs of paralegals), shall constitute an additional liability owing by Borrower to Lender, payable on demand. Notwithstanding the foregoing, Such attorneys' or paralegals' fees for which Borrower is obligated to pay or reimburse Lender under this Agreement and the other Loan Documents expenses shall not include allocated costs for services fees and expenses of Lender's in-house counsel or in-house paralegalsas specified in Section 7.5.

Appears in 1 contract

Samples: Construction Loan Agreement (Stratus Properties Inc)

Lender’s Attorneys’ Fees for Enforcement of Agreement. In case of ----------------------------------------------------- any Default default or Event of Default hereunder, Borrower (in addition to Lender’s 's attorneys' fees, if any, to be paid pursuant to Section 7.3) will pay Lender’s 's attorneys' and paralegal fees (including, without limitation, any reasonable attorney and paralegal fees and costs incurred in connection with any litigation or bankruptcy or administrative hearing and any appeals therefrom and any post- post-judgment enforcement action including, without limitation, supplementary proceedings) in connection with the enforcement of this Agreement; without limiting the generality of the foregoing, if at any time or times hereafter Lender employs counsel (whether or not any suit has been or shall be filed and whether or not other legal proceedings have been or shall be instituted) for advice or other representation with respect to the Project, this Agreement, or any of the other Loan Documents, or to protect, collect, lease, sell, take possession of, or liquidate any of the CollateralProject, or to attempt to enforce any security interest or lien in any portion of the CollateralProject, or to enforce any rights of Lender or Borrower’s 's obligations hereunder, then in any of such events all of the reasonable attorneys' fees arising from such services, and any expenses, costs and charges relating thereto (including fees and costs of paralegals), shall constitute an additional liability owing by Borrower to Lender, payable on demand. Notwithstanding the foregoing, attorneys' or paralegals' fees for which Borrower is obligated to pay or reimburse Lender under this Agreement and the other Loan Documents shall not include allocated costs for services of in-house counsel or in-house paralegals.

Appears in 1 contract

Samples: Construction Loan Agreement (American Leisure Holdings, Inc.)

Lender’s Attorneys’ Fees for Enforcement of Agreement. In case of any Default or Event of Default hereunder, Borrower (in addition to Lender’s attorneys’ fees, if any, to be paid pursuant to Section 7.36.03) will pay Lender’s attorneys’ and paralegal fees (including, without limitation, any attorney and paralegal fees and costs incurred in connection with any litigation or bankruptcy or administrative hearing and any appeals therefrom and any post- judgment enforcement action including, without limitation, supplementary proceedings) in connection with the enforcement of this Agreement; without limiting the generality of the foregoing, if at any time or times hereafter Lender employs counsel (whether or not any suit has been or shall be filed and whether or not other legal proceedings have been or shall be instituted) for advice or other representation with respect to this Agreement, or any of the other Loan Documents, or to protect, collect, lease, sell, take possession of, or liquidate any of the Collateral, or to attempt to enforce any security interest or lien in any portion of the Collateral, or to enforce any rights of Lender or Borrower’s obligations hereunder, then in any of such events all of the reasonable attorneys’ fees arising from such services, and any reasonable expenses, costs and charges relating thereto (including fees and costs of paralegals), shall constitute an additional liability owing by Borrower to Lender, payable on demand. Notwithstanding the foregoing, attorneys' or paralegals' fees for which Borrower is obligated to pay or reimburse Lender under this Agreement and the other Loan Documents shall not include allocated costs for services of in-house counsel or in-house paralegals.

Appears in 1 contract

Samples: Loan Agreement (CenterState Banks, Inc.)

Lender’s Attorneys’ Fees for Enforcement of Agreement. In case of any Default default or Event of Default hereunder, Borrower (in addition to Lender’s attorneys’ fees, if any, to be paid pursuant to Section 7.3) will pay Lender’s attorneys’ and paralegal fees (including, without limitation, any attorney and paralegal fees and costs incurred in connection with any litigation or bankruptcy or administrative hearing and any appeals therefrom and any post- post-judgment enforcement action including, without limitation, supplementary proceedings) in connection with the enforcement of this Agreement; without limiting the generality of the foregoing, if at any time or times hereafter Lender employs counsel (whether or not any suit has been or shall be filed and whether or not other legal proceedings have been or shall be instituted) for advice or other representation with respect to the Project, this Agreement, or any of the other Loan Documents, or to protect, collect, lease, sell, take possession of, or liquidate any of the CollateralProject, or to attempt to enforce any security interest or lien in any portion of the CollateralProject, or to enforce any rights of Lender or Borrower’s obligations hereunder, then in any of such events all of the attorneys’ fees arising from such services, and any expenses, costs and charges relating thereto (including fees and costs of paralegals), shall constitute an additional liability owing by Borrower to Lender, payable on demand. Notwithstanding the foregoing, attorneys' or paralegals' fees for which Borrower is obligated to pay or reimburse Lender under this Agreement and the other Loan Documents shall not include allocated costs for services of in-house counsel or in-house paralegals.

Appears in 1 contract

Samples: Loan Agreement (New England Realty Associates Limited Partnership)

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Lender’s Attorneys’ Fees for Enforcement of Agreement. In case of any Event of Default or Event of material Default hereunder, Borrower (in addition to Lender’s attorneys’ fees, if any, to be paid pursuant to Section 7.37.5) will pay Lender’s reasonable attorneys’ and paralegal fees (including, without limitation, any attorney and paralegal fees and costs incurred in connection with such Event of Default or material Default, including, without limitation, any litigation or bankruptcy or administrative hearing and any appeals therefrom and any post- post-judgment enforcement action including, without limitation, supplementary proceedings) in connection with the enforcement of this Agreement; without limiting the generality of the foregoing, if at any time or times hereafter Lender employs counsel (whether or not any suit has been or shall be filed and whether or not other legal proceedings have been or shall be instituted) for advice or other representation with respect to the Project, this Agreement, or any of the other Loan Documents, or to protect, collect, lease, sell, take possession of, or liquidate any of the CollateralProject, or to attempt to enforce any security interest or lien in any portion of the CollateralProject, or to enforce any rights of Lender or Borrower’s obligations hereunder, then in any of such events all of the reasonable attorneys’ fees arising from such services, and any expenses, costs and charges relating thereto (including fees and costs of paralegals), shall constitute an additional liability owing by Borrower to Lender, payable on demand. Notwithstanding the foregoing, Such attorneys' or paralegals' fees for which Borrower is obligated to pay or reimburse Lender under this Agreement and the other Loan Documents expenses shall not include allocated costs for services fees and expenses of Lender’s in-house counsel or in-house paralegalsas specified in Section 7.5.

Appears in 1 contract

Samples: Loan Agreement (Stratus Properties Inc)

Lender’s Attorneys’ Fees for Enforcement of Agreement. In case of any Default or Event of Default hereunder, Borrower (in addition to Lender’s attorneys’ fees, if any, to be paid pursuant to Section 7.37.2) will pay Lender’s attorneys’ and paralegal fees (including, without limitation, any attorney and paralegal fees and costs incurred in connection with any litigation or bankruptcy or administrative hearing and any appeals therefrom and any post- judgment enforcement action including, without limitation, supplementary proceedings) in connection with the enforcement of this Agreement; without limiting the generality of the foregoing, if at any time or times hereafter Lender employs counsel (whether or not any suit has been or shall be filed and whether or not other legal proceedings have been or shall be instituted) for advice or other representation with respect to this Agreement, or any of the other Loan Documents, or to protect, collect, lease, sell, take possession of, or liquidate any of the Collateral, or to attempt to enforce any security interest or lien in any portion of the Collateral, or to enforce any rights of Lender or Borrower’s obligations hereunder, then in any of such events all of the attorneys’ fees arising from such services, and any expenses, costs and charges relating thereto (including fees and costs of paralegals), shall constitute an additional liability owing by Borrower to Lender, payable on demand. Notwithstanding the foregoing, attorneys' or paralegals' fees for which Borrower is obligated to pay or reimburse Lender under this Agreement and the other Loan Documents shall not include allocated costs for services of in-house counsel or in-house paralegals.

Appears in 1 contract

Samples: Loan Agreement (Bank of Commerce Holdings)

Lender’s Attorneys’ Fees for Enforcement of Agreement. In case of any Default or Event of Default hereunder, Borrower (in addition to Lender’s attorneys’ fees, if any, to be paid pursuant to Section 7.37.5) will pay Lender’s reasonable attorneys’ and paralegal fees (including, without limitation, any attorney and paralegal fees and costs incurred in connection with any litigation or bankruptcy or administrative hearing and any appeals therefrom and any post- post-judgment enforcement action including, without limitation, supplementary proceedings) in connection with the enforcement of this Agreement; without limiting the generality of the foregoing, if at any time or times hereafter Lender employs counsel (whether or not any suit has been or shall be filed and whether or not other legal proceedings have been or shall be instituted) for advice or other representation with respect to the Project, this Agreement, or any of the other Loan Documents, or to protect, collect, lease, sell, take possession of, or liquidate any of the CollateralProject, or to attempt to enforce any security interest or lien in any portion of the CollateralProject, or to enforce any rights of Lender or Borrower’s obligations hereunder, then in any of such events all of the reasonable attorneys’ fees arising from such services, and any expenses, costs and charges relating thereto (including fees and costs of paralegals), shall constitute an additional liability owing by Borrower to Lender, payable on demand. Notwithstanding the foregoing, Such attorneys' or paralegals' fees for which Borrower is obligated to pay or reimburse Lender under this Agreement and the other Loan Documents expenses shall not include allocated costs for services fees and expenses of Lender’s in-house counsel or in-house paralegalsas specified in Section 7.5.

Appears in 1 contract

Samples: Construction Loan Agreement (Stratus Properties Inc)

Lender’s Attorneys’ Fees for Enforcement of Agreement. In case of any Default default or Event of Default hereunder, Borrower (in addition to Lender’s 's reasonable attorneys' fees, if any, to be paid pursuant to Section 7.3) will pay Lender’s 's reasonable attorneys' and paralegal fees (including, without limitation, any attorney and paralegal fees and costs incurred in connection with any litigation or bankruptcy or administrative hearing and any appeals therefrom and any post- post-judgment enforcement action including, without limitation, supplementary proceedings) in connection with the enforcement of this Agreement; without limiting the generality of the foregoing, if at any time or times hereafter Lender employs counsel (whether or not any suit has been or shall be filed and whether or not other legal proceedings have been or shall be instituted) for advice or other representation with respect to the Project, this Agreement, or any of the other Loan Documents, or to protect, collect, lease, sell, take possession of, or liquidate any of the CollateralProject, or to attempt to enforce any security interest or lien in any portion of the CollateralProject, or to enforce any rights of Lender or Borrower’s 's obligations hereunder, then in any of such events all of the reasonable attorneys' fees arising from such services, and any expenses, costs and charges relating thereto (including fees and costs of paralegals), shall constitute an additional liability owing by Borrower to Lender, payable on demand. Notwithstanding the foregoing, attorneys' or paralegals' fees for which Borrower is obligated to pay or reimburse Lender under this Agreement and the other Loan Documents shall not include allocated costs for services of in-house counsel or in-house paralegals.

Appears in 1 contract

Samples: Construction Loan Agreement (Medical Properties Trust Inc)

Lender’s Attorneys’ Fees for Enforcement of Agreement. In case of any Default or Event of Default hereunder, Borrower Borrowers (in addition to Lender’s attorneys’ fees, if any, to be paid pursuant to Section 7.36.3) will pay Lender’s and Lender’s attorneys’ and paralegal fees (including, without limitation, any attorney and paralegal fees and costs incurred in connection with any litigation or bankruptcy or administrative hearing and any appeals therefrom and any post- post-judgment enforcement action including, without limitation, supplementary proceedings) in connection with the enforcement of this Agreement; without limiting the generality of the foregoing, if at any time or times hereafter Lender or Lender employs counsel (whether or not any suit has been or shall be filed and whether or not other legal proceedings have been or shall be instituted) for advice or other representation with respect to any Property, this Agreement, or any of the other Loan Documents, or to protect, collect, lease, sell, take possession of, or liquidate any of the Collateralany Property, or to attempt to enforce any security interest or lien in any portion of the Collateralany Property, or to enforce any rights of Lender and Lender or Borrower’s Borrowers’ obligations hereunder, then in any of such events all of the attorneys’ fees arising from such services, and any expenses, costs and charges relating thereto (including fees and costs of paralegals), shall constitute an additional liability owing by Borrower Borrowers to Lender and Lender, payable on demand. Notwithstanding the foregoing, attorneys' or paralegals' fees for which Borrower is obligated to pay or reimburse Lender under this Agreement and the other Loan Documents shall not include allocated costs for services of in-house counsel or in-house paralegals.

Appears in 1 contract

Samples: Loan Agreement (Grubb & Ellis Healthcare REIT II, Inc.)

Lender’s Attorneys’ Fees for Enforcement of Agreement. In case of any Default default or Event of Default hereunder, Borrower (in addition to Lender’s attorneys’ fees, if any, to be paid pursuant to Section 7.37.4) will pay Lender’s attorneys’ reasonable and paralegal actual attorney’s fees at standard hourly rates without regard to any presumptive statutory attorney’s fees (including, without limitation, any attorney and paralegal fees and costs incurred in connection with any litigation or bankruptcy or administrative hearing and any appeals therefrom and any post- post-judgment enforcement action including, without limitation, supplementary proceedings) in connection with the enforcement of this Agreement; without limiting the generality of the foregoing, if at any time or times hereafter Lender employs counsel (whether or not any suit has been or shall be filed and whether or not other legal proceedings have been or shall be instituted) for advice or other representation with respect to the Project, this Agreement, or any of the other Loan Documents, or to protect, collect, lease, sell, take possession of, or liquidate any of the CollateralProject, or to attempt to enforce any security interest or lien in any portion of the CollateralProject, or to enforce any rights of Lender or Borrower’s obligations hereunder, then in any of such events all of the attorneys’ reasonable and actual attorney’s fees at standard hourly rates without regard to any presumptive statutory attorney’s fees arising from such services, and any expenses, costs and charges relating thereto (including fees and costs of paralegals), shall constitute an additional liability owing by Borrower to Lender, payable on demand. Notwithstanding the foregoing, attorneys' or paralegals' fees for which Borrower is obligated to pay or reimburse Lender under this Agreement and the other Loan Documents shall not include allocated costs for services of in-house counsel or in-house paralegals.

Appears in 1 contract

Samples: Construction Loan Agreement (Bluerock Residential Growth REIT, Inc.)

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