Common use of Maintaining Collateral; Attorneys’ Fees, Costs and Expenses Clause in Contracts

Maintaining Collateral; Attorneys’ Fees, Costs and Expenses. Borrower shall have the obligation and duty to perform all acts necessary to maintain or preserve the Collateral, provided that Borrower shall not be obligated to maintain any Collateral in the event Borrower determines, in the reasonable business judgment of Borrower, that the maintenance of such Collateral is no longer necessary in Borrower’s business. Any and all fees, costs and expenses, of whatever kind or nature, including, without limitation, the attorneys’ fees and legal expenses incurred by Lender in connection with the amendment and enforcement of this Agreement, all renewals, required affidavits and all other documents relating hereto and the consummation of this transaction, the filing or recording of any documents (including all taxes in connection therewith) in public offices, the payment or discharge of any taxes, counsel fees, maintenance fees, encumbrances or otherwise protecting, maintaining or preserving the Collateral, or in defending or prosecuting any actions or proceedings arising out of or related to the Collateral, shall be borne and paid by Borrower, upon demand by Lender and, until so paid, shall be added to the principal amount of the Obligations.

Appears in 3 contracts

Samples: Intellectual Property Security Agreement (Webmediabrands Inc.), Intellectual Property Security Agreement (Webmedia Brands Inc.), Intellectual Property Security Agreement (Webmedia Brands Inc.)

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Maintaining Collateral; Attorneys’ Fees, Costs and Expenses. Borrower Pledgor shall have the obligation and duty to perform all acts necessary to maintain or preserve the Collateral, provided that Borrower Pledgor shall not be obligated to maintain any Collateral in the event Borrower Pledgor determines, in the reasonable business judgment of BorrowerPledgor, that the maintenance of such Collateral is no longer necessary in BorrowerPledgor’s business. Any and all fees, costs and expenses, of whatever kind or nature, including, without limitation, the attorneys’ fees and legal expenses incurred by Lender Agent and the Lenders in connection with the amendment and enforcement of this Agreement, all renewals, required affidavits and all other documents relating hereto and the consummation of this transaction, the filing or recording of any documents (including all taxes in connection therewith) in public offices, the payment or discharge of any taxes, counsel fees, maintenance fees, encumbrances or otherwise protecting, maintaining or preserving the Collateral, or in defending or prosecuting any actions or proceedings arising out of or related to the Collateral, shall be borne and paid by BorrowerPledgor, upon demand by Lender Agent and, until so paid, shall be added to the principal amount of the Obligations.

Appears in 2 contracts

Samples: Intellectual Property Security Agreement (Webmedia Brands Inc.), Intellectual Property Security Agreement (Jupitermedia Corp)

Maintaining Collateral; Attorneys’ Fees, Costs and Expenses. Borrower Pledgor shall have the obligation and duty to perform all acts necessary to maintain or preserve the Collateral, provided that Borrower Pledgor shall not be obligated to maintain any Collateral in the event Borrower Pledgor determines, in the reasonable business judgment of BorrowerPledgor, that the maintenance of such Collateral is no longer necessary in Borrower’s Pledgor's business. Any and all reasonable fees, costs and expenses, of whatever kind or nature, including, without limitation, the reasonable attorneys' fees and legal expenses incurred by Lender in connection with the amendment and enforcement of this Agreement, all renewals, required affidavits and all other documents relating hereto and the consummation of this transaction, the filing or recording of any documents (including all taxes in connection therewith) in public offices, the payment or discharge of any taxes, reasonable counsel fees, maintenance fees, encumbrances or otherwise protecting, maintaining or preserving the Collateral, or in defending or prosecuting any actions or proceedings arising out of or related to the Collateral, shall be borne and paid by BorrowerPledgor, upon demand by Lender Lender, and, until so paid, shall be added to the principal amount of the Obligations.

Appears in 2 contracts

Samples: Intellectual Property Security Agreement (Aldila Inc), Intellectual Property Security Agreement (Aldila Inc)

Maintaining Collateral; Attorneys’ Fees, Costs and Expenses. Borrower The Pledgor shall have the obligation and duty to perform all acts necessary to maintain or preserve the Collateral, provided that Borrower the Pledgor shall not be obligated to maintain any Collateral in the event Borrower the Pledgor determines, in the reasonable business judgment of Borrowerthe Pledgor, that the maintenance of such Collateral is no longer necessary in Borrowerthe Pledgor’s business. Any and all fees, costs and expenses, of whatever kind or nature, including, without limitation, the attorneys’ fees and legal expenses incurred by Lender the Administrative Agent and the Lenders in connection with the amendment and enforcement of this Agreement, all renewals, required affidavits and all other documents relating hereto and the consummation of this transaction, the filing or recording of any documents (including all taxes in connection therewith) in public offices, the payment or discharge of any taxes, counsel attorneys’ fees, maintenance fees, encumbrances or otherwise protecting, maintaining or preserving the Collateral, or in defending or prosecuting any actions or proceedings arising out of or related to the Collateral, shall be borne and paid by Borrowerthe Pledgor, upon demand by Lender the Administrative Agent and, until so paid, shall be added to the principal amount of the Secured Obligations.

Appears in 2 contracts

Samples: Intellectual Property Security Agreement (ZAGG Inc), Intellectual Property Security Agreement (ZAGG Inc)

Maintaining Collateral; Attorneys’ Fees, Costs and Expenses. Borrower shall have the obligation and duty to perform all acts necessary to maintain or preserve the Collateral, provided that Borrower shall not be obligated to maintain any Collateral in the event Borrower determines, in the reasonable business judgment of Borrower, that the maintenance of such Collateral is no longer necessary in Borrower’s business. Any and all fees, costs and expenses, of whatever kind or nature, including, without limitation, the attorneys’ fees and legal expenses incurred by Lender Agent and the Lenders in connection with the amendment and enforcement of this Agreement, all renewals, required affidavits and all other documents relating hereto and the consummation of this transaction, the filing or recording of any documents (including all taxes in connection therewith) in public offices, the payment or discharge of any taxes, counsel fees, maintenance fees, encumbrances or otherwise protecting, maintaining or preserving the Collateral, or in defending or prosecuting any actions or proceedings arising out of or related to the Collateral, shall be borne and paid by Borrower, upon demand by Lender Agent and, until so paid, shall be added to the principal amount of the Obligations.

Appears in 1 contract

Samples: Intellectual Property Security Agreement (Jupitermedia Corp)

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Maintaining Collateral; Attorneys’ Fees, Costs and Expenses. Borrower Pledgor shall have the obligation and duty to perform all acts necessary to maintain or preserve the Collateral, provided that Borrower Pledgor shall not be obligated to maintain any Collateral in the event Borrower Pledgor determines, in the reasonable business judgment of BorrowerPledgor, that the maintenance of such Collateral is no longer necessary in Borrower’s Pledgor's business. Any and all reasonable fees, costs and expenses, of whatever kind or nature, including, without limitation, the attorneys' fees and legal expenses incurred by Lender Administrative Agent and the Lenders in connection with the amendment and enforcement of this Agreement, all renewals, required affidavits and all other documents relating hereto and the consummation of this transaction, the filing or recording of any documents (including all taxes in connection therewith) in public offices, the payment or discharge of any taxes, counsel fees, maintenance fees, encumbrances or otherwise protecting, maintaining or preserving the Collateral, or in defending or prosecuting any actions or proceedings arising out of or related to the Collateral, shall be borne and paid by BorrowerPledgor, upon demand by Lender Administrative Agent and, until so paid, shall be added to the principal amount of the Obligations.

Appears in 1 contract

Samples: Intellectual Property Security Agreement (Hawk Corp)

Maintaining Collateral; Attorneys’ Fees, Costs and Expenses. Borrower Pledgor shall have the obligation and duty to perform all acts necessary to maintain or preserve the Collateral, provided that Borrower Pledgor shall not be obligated to maintain any Collateral in the event Borrower Pledgor determines, in the reasonable business judgment of BorrowerPledgor, that the maintenance of such Collateral is no longer necessary in Borrower’s Pledgor's business. Any and all fees, costs and expenses, of whatever kind or nature, including, without limitation, the reasonable attorneys' fees and legal expenses incurred by Lender in connection with the amendment and enforcement of this Agreement, all renewals, required affidavits and all other documents relating hereto and the consummation of this transaction, the filing or recording of any documents (including all taxes in connection therewith) in public offices, the payment or discharge of any taxes, counsel fees, maintenance fees, encumbrances or otherwise protecting, maintaining or preserving the Collateral, or in defending or prosecuting any actions or proceedings arising out of or related to the Collateral, shall be borne and paid by BorrowerPledgor, upon demand by Lender Lender, and, until so paid, shall be added to the principal amount of the Obligations.

Appears in 1 contract

Samples: Intellectual Property Security Agreement (S&W Seed Co)

Maintaining Collateral; Attorneys’ Fees, Costs and Expenses. Borrower Pledgor shall have the obligation and duty to perform all acts necessary to maintain or preserve the Collateral, provided that Borrower Pledgor shall not be obligated to maintain any Collateral in the event Borrower Pledgor determines, in the reasonable business judgment of BorrowerPledgor, that the maintenance of such Collateral is no longer necessary in Borrower’s Pledgor's business. Any and all reasonable fees, costs and expenses, of whatever kind or nature, including, without limitation, the attorneys' fees and legal expenses incurred by Lender the Collateral Agent and the Noteholders in connection with the amendment and enforcement of this Agreement, all renewals, required affidavits and all other documents relating hereto and the consummation of this transaction, the filing or recording of any documents (including all taxes in connection therewith) in public offices, the payment or discharge of any taxes, counsel fees, maintenance fees, encumbrances or otherwise protecting, maintaining or preserving the Collateral, or in defending or prosecuting any actions or proceedings arising out of or related to the Collateral, shall be borne and paid by BorrowerPledgor, upon demand by Lender the Collateral Agent, and, until so paid, shall be added to the principal amount of the ObligationsDebt.

Appears in 1 contract

Samples: Senior Secured Note Purchase Agreement (Oglebay Norton Co /Ohio/)

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