Lender’s Attorneys’ Fees for Enforcement of Agreement. In case of any default or Event of Default hereunder, Borrowers (in addition to Lender’s reasonable 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 attorney and paralegal fees and costs incurred in connection with any litigation or bankruptcy or administrative hearing and any appeals therefrom) 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 Projects, this Agreement, or any of the other Loan Documents, or to protect, collect, lease, sell, take possession of, or liquidate the Project, or to attempt to enforce any security interest or lien in any portion of the Project, or to enforce any rights of Lender or any of Borrowers’ 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, shall constitute an additional liability owing by Borrowers to Lender, on a joint and several basis, payable on demand.
Appears in 3 contracts
Samples: Secured Loan Agreement (CNL Healthcare Trust, Inc.), Secured Loan Agreement (CNL Healthcare Trust, Inc.), Secured Loan Agreement (CNL Healthcare Trust, Inc.)
Lender’s Attorneys’ Fees for Enforcement of Agreement. In case of any default or Event of Default hereunder, Borrowers Borrower (in addition to Lender’s reasonable and Agent’s attorneys’ fees, if any, to be paid pursuant to Section 7.3) will pay Agent’s and 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 therefromtherefrom 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 Agent 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 the ProjectsProject, this Agreement, or any of the other Loan Documents, or to protect, collect, lease, sell, take possession of, or liquidate any of the Project, or to attempt to enforce any security interest or lien in any portion of the Project, or to enforce any rights of Agent and Lender or any of Borrowers’ 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 theretothereto (including reasonable fees and costs of paralegals), shall constitute an additional liability owing by Borrowers Borrower to Agent and Lender, on a joint and several basis, payable on demand.
Appears in 2 contracts
Samples: Construction Loan Agreement, Construction Loan Agreement (Dupont Fabros Technology, Inc.)
Lender’s Attorneys’ Fees for Enforcement of Agreement. In case of any default Default or Event of Default hereunder, Borrowers (in addition to Lender’s reasonable attorneys’ fees, if any, to be paid pursuant to Section 7.38.3) 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 therefromtherefrom 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 with respect to a Default (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 ProjectsFacilities, this Agreement, or any of the other Loan Documents, or to protect, collect, lease, sell, take possession of, or liquidate any of the ProjectFacilities, or to attempt to enforce any security interest or lien in any portion of the ProjectFacilities, or to enforce any rights of Lender or any of Borrowers’ 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 theretothereto (including fees and costs of paralegals), shall constitute an additional liability owing by Borrowers to Lender, on a joint and several basis, payable on demand.
Appears in 2 contracts
Samples: Loan Agreement (Emeritus Corp\wa\), Loan Agreement (Emeritus Corp\wa\)
Lender’s Attorneys’ Fees for Enforcement of Agreement. In case of any default Default or Event of Default hereunder, Borrowers Borrower (in addition to Lender’s reasonable attorneys’ fees, if any, to be paid pursuant to Section 7.3Article 7) 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 therefromtherefrom 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 the Projects, this Agreement, or any of the other Loan Documents, or to protect, collect, lease, sell, take possession of, or liquidate any of the ProjectCollateral, or to attempt to enforce any security interest or lien in any portion of the ProjectCollateral, or to enforce any rights of Lender or any of Borrowers’ 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 theretothereto (including fees and costs of paralegals), shall constitute an additional liability owing by Borrowers Borrower to Lender, on a joint and several basis, payable on demand.
Appears in 2 contracts
Samples: Loan Agreement (Legacy Housing Corp), Loan Agreement (Legacy Housing Corp)
Lender’s Attorneys’ Fees for Enforcement of Agreement. In case of any default or Event of Default hereunder, Borrowers Borrower (in addition to Lender’s reasonable 's attorneys’ ' fees, if any, to be paid pursuant to Section 7.3) will pay Lender’s reasonable '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) 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 ProjectsProject, this Agreement, or any of the other Loan Documents, or to protect, collect, lease, sell, take possession of, or liquidate any of the Project, or to attempt to enforce any security interest or lien in any portion of the Project, or to enforce any rights of Lender or any of Borrowers’ 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, shall constitute an additional liability owing by Borrowers Borrower to Lender, on a joint and several basis, payable on demand.
Appears in 1 contract
Lender’s Attorneys’ Fees for Enforcement of Agreement. In case of any default Default or Event of Default hereunder, Borrowers (in addition to Lender’s reasonable attorneys’ fees, if any, to be paid pursuant to Section 7.36.3) will pay Lender’s reasonable 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 therefromtherefrom 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 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 the Projectsany Property, this Agreement, or any of the other Loan Documents, or to protect, collect, lease, sell, take possession of, or liquidate the Projectany of any Property, or to attempt to enforce any security interest or lien in any portion of the Projectany Property, or to enforce any rights of Lender and Lender or any of Borrowers’ 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 theretothereto (including fees and costs of paralegals), shall constitute an additional liability owing by Borrowers to Lender and Lender, on a joint and several basis, payable on demand.
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 or Event of Default hereunder, Borrowers Borrower (in addition to Lender’s reasonable attorneys’ fees, if any, to be paid pursuant to Section 7.37.4) will pay Lender’s reasonable attorneys’ 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 therefromtherefrom 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 the ProjectsProject, this Agreement, or any of the other Loan Documents, or to protect, collect, lease, sell, take possession of, or liquidate any of the Project, or to attempt to enforce any security interest or lien in any portion of the Project, or to enforce any rights of Lender or any of Borrowers’ Borrower’s obligations hereunder, then in any of such events all of the reasonable attorneys’ 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 theretothereto (including fees and costs of paralegals), shall constitute an additional liability owing by Borrowers Borrower to Lender, on a joint and several basis, payable on demand.
Appears in 1 contract
Samples: Construction Loan Agreement (Bluerock Residential Growth REIT, Inc.)