Common use of Payment of Advisor Fees Clause in Contracts

Payment of Advisor Fees. Prior to the date of any Cash Collateral Release Date, the Borrowers shall have paid, or caused to be paid, in full all outstanding fees, expenses and indemnities incurred by the Agents (including any hourly, extraordinary charges or monthly charges of HSBC in any such Agent capacity) and the Lenders as of the date of the last invoice received by the Borrowers in respect thereof, including, without limitation, all accrued and unpaid fees and expenses of their respective advisors and counsel, provided such invoices are received by the Borrowers at least three (3) Business Days prior to such Cash Collateral Release Date; and provided, further that, notwithstanding anything in this Agreement to the contrary, if the Borrowers fail to pay, or to cause to be paid, in full such fees, expenses and indemnities by the applicable Cash Collateral Release Date, the Agents shall not, and are under no obligation to, transfer the applicable Release Amount to the Borrowers until after the Borrowers have paid, or caused to be paid, in full such fees, expenses and indemnities (for the avoidance of doubt, payment of any ALB Advisor’s (as defined below) fees and expenses out of amounts remaining in its respective share of the Retainer (as defined below) as set forth in the corresponding Distribution Notice, shall be deemed payment of such fees and expenses for purposes of this Section 2.03. For the avoidance of doubt, the fees, expenses and indemnities referred to above include, but are in no way limited to, any and all fees, expenses and indemnities due to any such Agent pursuant to any of the Project Documents or Financing Documents.

Payment of Advisor Fees. Prior to the date of any Cash Collateral Release Date, the Borrowers Borrower shall have paid, or caused to be paid, in full all outstanding fees, expenses and indemnities incurred by the Agents (including any hourly, extraordinary charges or monthly charges of HSBC Citi in any such Agent capacity) and the Lenders as of the date of the last invoice received by the Borrowers Borrower in respect thereof, including, without limitation, all accrued and unpaid fees and expenses of their respective advisors and counsel, provided such invoices are received by the Borrowers Borrower at least three (3) Business Days prior to such Cash Collateral Release Date; and provided, further that, notwithstanding anything in this Agreement to the contrary, if the Borrowers Borrower fail to pay, or to cause to be paid, in full such fees, expenses and indemnities by the applicable Cash Collateral Release Date, the Agents shall not, and are under no obligation to, transfer the applicable Release Amount to the Borrowers Borrower until after the Borrowers Borrower have paid, or caused to be paid, in full such fees, expenses and indemnities (for the avoidance of doubt, payment of any ALB Advisor’s (as defined below) fees and expenses out of amounts remaining in its respective share of the Retainer (as defined below) as set forth in the corresponding Distribution Notice, shall be deemed payment of such fees and expenses for purposes of this Section 2.03. For the avoidance of doubt, the fees, expenses and indemnities referred to above include, but are in no way limited to, any and all fees, expenses and indemnities due to any such Agent pursuant to any of the Project Documents or Financing Documents.