Lender’s Costs and Fees. Borrowers shall promptly pay all reasonable Costs (defined below) incurred by Lender in connection with the modification, workout, collection or enforcement of the Loan or any of the Loan Documents and all such Costs shall be included as additional Indebtedness bearing interest at the Default Rate until paid. For the purposes hereof “Costs” means all out-of-pocket expenditures and expenses which may be paid or incurred by or on behalf of Lender including without limitation, repair costs, payments to remove or protect against liens, reasonable attorneys’ fees, experts’ fees, receivers’ fees, engineers’ fees, accountants’ fees, independent consultants’ fees (including environmental consultants), all costs and expenses incurred in connection with any of the foregoing, Lender’s out-of-pocket costs and expenses related to any audit or inspection of any Property, outlays for documentary and expert evidence, stenographers’ charges, stamp taxes, publication costs, and costs (which may be estimates as to items to be expended after entry of an order or judgment) for procuring all such abstracts of title, title and UCC searches, and examination, title insurance policies, and similar data and assurances with respect to title as Lender may deem reasonably necessary either to prosecute any action or to provide evidence to bidders at any foreclosure sale of the true condition of the title to, or the value of, any of the Properties or a Phase within a Property, and reasonable attorneys’ fees and costs, incurred or expended by Trustee or Lender arising out of or in connection with any action, proceeding or hearing, legal, equitable or quasi-legal, including the preparation therefore and any appeal therefrom, in any way affecting or pertaining to the Loan Documents or a Property or Phase within a Property. Without limiting the foregoing provisions of this Section 10.9, in the event Lender or Borrowers bring an action against the other party (other than under or pursuant to any of the Loan Documents or the Environmental Indemnity), the prevailing party in such action shall be entitled to recover reasonable attorneys’ fees and costs in such tort action.
Lender’s Costs and Fees. In addition to any requirements under the Loan Documents and the documents relating to this Agreement, Borrower hereby agrees that all reasonable expenses of Lender, including, all legal fees and costs of the law firm of Xxxxx and Xxxxxx L.L.P. and all allocated costs for the services of Lender's in-house staff incurred in connection with or to be incurred in the future and related to (a) the negotiation, preparation, execution, and delivery of this Agreement, and all related instruments, including, without limitation, all expenses of Lender's outside counsel; (b) the protection of the rights of Lender in connection with the transactions and documents described herein; (c) the enforcement of payment of Borrower, obligations to Lender, whether by judicial proceedings or otherwise; (d) the enforcement of payment of such obligations by any action or participation in, or in connection with, a case or proceeding under any chapter of the federal Bankruptcy Code, or any successor statute thereto, including, without limitation, defense of any matter brought by a debtor therein, making any attempt to enforce remedies therein, or proposing a plan or participating in the plan process; (e) Lender's review of documentation and other information delivered by Borrower pursuant to the Loan Documents and this Agreement from time to time; (f) all expenses paid by Lender on Borrower's behalf; and (g) all legal fees of Lender's outside counsel (as determined by the court or arbitrator and not by a jury if any action or arbitration is commenced, including, without limitation, any allocated costs of in-house counsel), and disbursements related to any of the above and/or the Obligations (collectively "Lender Expenses"), shall be immediately reimbursed to Lender by Borrower upon Lender's request therefor.
Lender’s Costs and Fees. BORROWER hereby agrees to pay, within 30 days of receiving LENDER’s invoice therefore, all of LENDER’s costs and fees, including LENDER’s reasonable attorneys’ fees, incurred or paid by LENDER in connection with the negotiation, drafting, and execution of this Loan Agreement, and any note, security agreement, or guaranty agreement relating thereto, together with all such costs and fees in connection with closing the financing described herein.
Lender’s Costs and Fees. (i) Add “and any amendment to any of the foregoing and any new guaranty or security agreement with respect to the foregoing” to the second to last line between the words “thereto,” and “together”.
(c) Article 5 –
