Lender’s Cost and Expenses. As a condition to Closing, all direct and indirect costs and expenses of the Lender related to the negotiation, due diligence, preparation, Closing, and all other items regarding and/or related to the Loan Agreement and the Documents and all of the transactions contemplated herein and therein, including, but not limited to the (i) $35,000 legal fee (of which $10,000 previously was paid) payable to the Lender’s legal counsel together with all documented out-of-pocket expenses of such legal counsel, including, but not limited to, filing fees, lien search fees and other expenses relating to securing the Collateral and for blue sky compliance and (ii) $20,000 in legal fees payable to the Lender’s legal counsel pursuant to Section 9.4(B) of the Loan Agreement (collectively, the “Lender’s Expenses”), shall be due and payable from the Borrower to legal counsel to the Lender; and the Lender shall subtract from the $1,900,000 Purchase Price to be paid to the Borrower for the purchase of the $2,000,000 New Note, all of Lender’s Expenses shall be paid to the Lender’s counsel on the Closing Date in immediately available funds by wiring such funds to Lender’s counsel pursuant to wiring instructions provided to the Borrower by Lender’s legal counsel. Although the Lender’s Expenses are the sole responsibility and obligation of the Borrower, but are being subtracted by the Lender from the $1,900,000 Purchase Price, such Lender’s Expenses shall constitute part of the $1,900,000 Purchase Price and shall not directly and/or indirectly reduce and or result in any set-off the aggregate principal amount of the Note or result in a set-off and/or reduction of any other funds owed by the Borrower to the Lender.
Lender’s Cost and Expenses. On the Closing Date, all direct and indirect costs and expenses of the Lender related to the negotiation, due diligence, preparation, closing, and all other items regarding or related to this Agreement and the other Documents and all of the transactions contemplated herein and/or therein including, but not limited to, the Simultaneous Transactions, including, but not limited to the legal fees and expenses of the Lender’s legal counsel (collectively, the “Lender’s Expenses”), shall be due and payable from the Borrower to the Lender; and the Lender shall subtract from their respective Purchase Price to be paid to the Borrower for the purchase of the Notes and Warrants, all of such Lender’s Expenses. Although the Lender’s Expenses are the sole responsibility and obligation of the Borrower, but are being subtracted by the Lender from their respective Purchase Prices actually paid to the Borrower, such Lender’s Expenses shall constitute part of such Purchase Prices and shall not directly and/or indirectly reduce and or result in any set-off the aggregate principal amount of the Note or result in a set-off and/or reduction of any other funds owed by the Borrower to the Lender.
Lender’s Cost and Expenses. Each party hereto shall be responsible for its own fees and expenses in connection with the preparation, negotiation and entering into of this Agreement and the transactions contemplated hereby. Notwithstanding the foregoing, as a condition to the Closing and the Borrower’s obligation to enter into this Agreement, simultaneously with the Closing, the Borrower shall pay to the Lender’s legal counsel (i) $25,000, which consists of (i) $5,000 of Lender’s Accrued Expenses, and (ii) $20,000 of legal fees payable to the Lender’s legal counsel plus any documented out-of-pocket expenses of such legal counsel, (collectively, the “Lender’s Expenses”), shall be due and payable from the Borrower to legal counsel to the Lender, all of which shall be paid in immediately available funds by wiring such funds to Lender’s counsel pursuant to wiring instructions provided to the Lender by Borrower.
Lender’s Cost and Expenses. All reasonable and documented costs and expenses related to the negotiation, preparation, and other items regarding the Documents, including, but not limited to legal fees payable to the Lenders’ legal counsel subject to the limitations set forth in Section 9.4 (plus any documented out-of-pocket expenses, including, but not limited to, filing fees and expenses relating to securing the Collateral), shall be paid to the Lenders upon execution of this Agreement by the Borrower, regardless of whether the Lenders purchase the Notes.
Lender’s Cost and Expenses. The Borrowers shall pay on demand all Costs of Collection and all reasonable expenses of the Lender in connection with the preparation, execution, and delivery of this Agreement and of any other Loan Documents, provided however, the Lender’s legal fees payable by Borrower hereunder for preparation of this agreement and any related closing documents, exclusive of fees incurred in connection with the negotiations related thereto, shall be limited to $25,000.00, whether now existing or hereafter arising, and all other reasonable expenses which may be incurred by the Lender in monitoring compliance with this Agreement and in preparing or amending this Agreement and all other agreements, instruments, and documents related thereto, or otherwise incurred with respect to the Liabilities, including, without limiting the generality of the foregoing, any counsel fees or expenses incurred in any bankruptcy or insolvency proceedings. The Borrower specifically authorizes the Lender to pay all such fees and expenses and in the Lender’s discretion, to add such fees and expenses to the Loan Account. Borrower shall be obligated, from time to time, to pay Lender’s fees, including reasonable attorneys’ fees and expenses for the preparation, negotiation, amendment and interpretation of this Agreement and related documents.
