Payment of Certain Expenses by the Servicer and the Borrower. (a) The Servicer will be required to pay all fees and expenses incurred by it in connection with the transactions and activities contemplated by this Agreement, including fees and disbursements of legal counsel and independent accountants, Taxes imposed on the Servicer, expenses incurred in connection with payments and reports pursuant to this Agreement, and all other fees and expenses not expressly stated under this Agreement for the account of the Borrower. In consideration for the payment by the Borrower of the Servicing Fee, the Servicer will be required to pay all reasonable fees and expenses owing to any bank or trust company in connection with the maintenance of the Collection Accounts and the Backup Servicer Fee and Collateral Custodian Fee pursuant to the Backup Servicer and Collateral Custodian Fee Letter. The Servicer shall be required to pay such expenses for its own account and shall not be entitled to any payment therefor other than the Servicing Fee. (b) The Borrower will be required to pay all fees and expenses incurred by the Deal Agent, each Lender Agent, and the Lenders in connection with the transactions and activities contemplated by this Agreement, including reasonable fees and disbursements of legal counsel and independent accountants.
Appears in 2 contracts
Samples: Loan Funding and Servicing Agreement (American Capital Strategies LTD), Loan Funding and Servicing Agreement (American Capital Strategies LTD)
Payment of Certain Expenses by the Servicer and the Borrower. (a) The Servicer will be required to pay all fees and expenses incurred by it in connection with the transactions and activities contemplated by this AgreementAgreement (subject, as applicable, to the conditions set forth in Section 7.6), including fees and disbursements of legal counsel and independent Independent accountants, Taxes imposed on the Servicer, expenses incurred in connection with payments and reports pursuant to this Agreement, and all other fees and expenses not expressly stated under this Agreement for the account of the Borrower. In consideration for the payment by the Borrower of the Servicing Fee, the Servicer will be required to pay all reasonable fees and expenses owing to any bank or trust company in connection with the maintenance of the Collection Accounts and the Reserve Account and the Backup Servicer Fee and Collateral Custodian Trustee Fee pursuant to the Backup Servicer and Collateral Custodian Trustee Fee Letter. The Servicer shall be required to pay such expenses for its own account and shall not be entitled to any payment therefor other than the Servicing Fee.
(b) The Borrower will be required to pay all fees and expenses incurred by the Deal Agent, each Lender Agentthe Lenders, the Trustee and the Lenders Backup Servicer in connection with the transactions and activities contemplated by this Agreement, including reasonable fees and disbursements of legal counsel and independent Independent accountants.
Appears in 2 contracts
Samples: Loan Funding and Servicing Agreement (Kohlberg Capital CORP), Loan Funding and Servicing Agreement (Kohlberg Capital CORP)
Payment of Certain Expenses by the Servicer and the Borrower. (a) The Servicer will be required to pay all fees and expenses incurred by it in connection with the transactions and activities contemplated by this AgreementAgreement (subject, as applicable, to the conditions set forth in Section 7.6), including fees and disbursements of legal counsel and independent accountants, Taxes imposed on the Servicer, expenses incurred in connection with payments and reports pursuant to this Agreement, and all other fees and expenses not expressly stated under this Agreement for the account of the Borrower. In consideration for the payment by the Borrower of the Servicing Fee, the Servicer will be required to pay all reasonable fees and expenses owing to any bank or trust company in connection with the maintenance of the Collection Accounts and the Reserve Account and the Backup Servicer Fee and Collateral Custodian Trustee Fee pursuant to the Backup Servicer and Collateral Custodian Trustee Fee Letter. The Servicer shall be required to pay such expenses for its own account and shall not be entitled to any payment therefor other than the Servicing Fee.
(b) The Borrower will be required to pay all fees and expenses incurred by the Deal Agent, each Lender Agent, Agent and the Lenders Conduit Lender in connection with the transactions and activities contemplated by this Agreement, including reasonable fees and disbursements of legal counsel and independent accountants.
Appears in 2 contracts
Samples: Loan Funding and Servicing Agreement (Patriot Capital Funding, Inc.), Loan Funding and Servicing Agreement (Patriot Capital Funding, Inc.)
Payment of Certain Expenses by the Servicer and the Borrower. (a) The Servicer will be required to pay all fees and expenses incurred by it in connection with the transactions and activities contemplated by this Agreement, including fees and disbursements of legal counsel and independent accountants, Taxes taxes imposed on the Servicer, expenses incurred in connection with payments and reports pursuant to this Agreement, and all other fees and expenses not expressly stated under this Agreement for the account of the Borrower. In consideration for the payment by the Borrower of the Servicing Fee, the Servicer (so long as it is the Originator or an Affiliate thereof) will be required to pay all reasonable fees and expenses owing to any bank or trust company in connection with the maintenance of the Collection Accounts Cash Management Accounts, and the Backup Servicer Fee and any Collateral Custodian Fee pursuant to the Backup Servicer and any Collateral Custodian Fee LetterAgreement. The Servicer shall be required to pay such expenses for its own account and shall not be entitled to any payment therefor other than the Servicing Fee.
(b) The Borrower will be required to pay all fees and expenses incurred by the Deal Agent, each Lender Agent, and the Lenders Group or any Successor Servicer in connection with the transactions and activities contemplated by this Agreement, including reasonable fees and disbursements of legal counsel and independent accountants.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Hercules Technology Growth Capital Inc)
Payment of Certain Expenses by the Servicer and the Borrower. (a) The Servicer will be required to pay all fees and expenses incurred by it in connection with the transactions and activities contemplated by this Agreement, including fees and disbursements of legal counsel and independent accountants, Taxes taxes imposed on the Servicer, expenses incurred in connection with payments and reports pursuant to this Agreement, and all other fees and expenses not expressly stated under this Agreement for the account of the Borrower. In consideration for the payment by the Borrower of the Servicing Fee, the Servicer (so long as it is the Originator or an Affiliate thereof) will be required to pay all reasonable fees and expenses owing to any bank or trust company in connection with the maintenance of the Collection Accounts Cash Management Accounts, and the Backup Servicer Fee and Collateral Custodian Fee pursuant to the Backup Servicer Fee Letter, and any Collateral Custodian Fee Letterpursuant to any Collateral Custodian Agreement. The Servicer shall be required to pay such expenses for its own account and shall not be entitled to any payment therefor other than the Servicing Fee.
(b) The Borrower will be required to pay all fees and expenses incurred by the Deal Agent, each Lender Agent, and the Lenders Group or any Successor Servicer in connection with the transactions and activities contemplated by this Agreement, including reasonable fees and disbursements of legal counsel and independent accountants.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Hercules Technology Growth Capital Inc)
Payment of Certain Expenses by the Servicer and the Borrower. (a) The Servicer will be required to pay all fees and expenses incurred by it in connection with the transactions and activities contemplated by this Agreement, including fees and disbursements of legal counsel and independent accountants, Taxes imposed on the Servicer, expenses incurred in connection with payments and reports pursuant to this Agreement, and all other fees and expenses not expressly stated under this Agreement for the account of the Borrower. In consideration for the payment by the Borrower of the Servicing Fee, the Servicer will be required to pay all reasonable fees and expenses owing to any bank or trust company in connection with the maintenance of the Collection Accounts and the Reserve Account and the Backup Servicer Fee and Collateral Custodian Fee pursuant to the Backup Servicer and Collateral Custodian Fee Letter. The Servicer shall be required to pay such expenses for its own account and shall not be entitled to any payment therefor other than the Servicing Fee.
(b) The Borrower will be required to pay all fees and expenses incurred by the Deal Agent, each Lender Agent, Agent and the Lenders Conduit Lender in connection with the transactions and activities contemplated by this Agreement, including reasonable fees and disbursements of legal counsel and independent accountants.
Appears in 1 contract
Samples: Loan Funding and Servicing Agreement (American Capital Strategies LTD)
Payment of Certain Expenses by the Servicer and the Borrower. (a) The Servicer will be required to pay all fees and expenses incurred by it in connection with the transactions and activities contemplated by this Agreement, including fees and disbursements of legal counsel and independent accountants, Taxes imposed on the Servicer, expenses incurred in connection with payments and reports pursuant to this Agreement, and all other fees and expenses not expressly stated under this Agreement for the account of the Borrower. In consideration for the payment by the Borrower of the Senior Servicing Fee and the Subordinated Servicing Fee, the Servicer will be required to pay all reasonable fees and expenses owing to any bank or trust company in connection with the maintenance of the Collection Accounts and the Backup Servicer Fee and Collateral Custodian Fee pursuant to the Backup Servicer and Collateral Custodian Fee Letter. The Servicer shall be required to pay such expenses for its own account and shall not be entitled to any payment therefor other than the Senior Servicing Fee and the Subordinated Servicing Fee.
(b) The Borrower will be required to pay all reasonable fees and expenses incurred by the Deal Agent, each Lender Agent, and the Lenders Agent in connection with the transactions and activities contemplated by this Agreement, including reasonable fees and disbursements of legal counsel and independent accountants.
Appears in 1 contract
Samples: Loan Funding and Servicing Agreement (American Capital, LTD)
Payment of Certain Expenses by the Servicer and the Borrower. (a) The Servicer will be required to pay all fees and expenses incurred by it in connection with the transactions and activities contemplated by this AgreementAgreement (subject, as applicable, to the conditions set forth in Section 7.6), including fees and disbursements of legal counsel and independent accountants, Taxes imposed on the Servicer, expenses incurred in connection with payments and reports pursuant to this Agreement, and all other fees and expenses not expressly stated under this Agreement for the account of the Borrower. In consideration for the payment by the Borrower of the Servicing Fee, the Servicer will be required to pay all reasonable fees and expenses owing to any bank or trust company in connection with the maintenance of the Collection Accounts and the Reserve Account and the Backup Servicer Fee and Collateral Custodian Trustee Fee pursuant to the Backup Servicer and Collateral Custodian Trustee Fee Letter. The Servicer shall be required to pay such expenses for its own account and shall not be entitled to any payment therefor other than the Servicing Fee.
(b) The Borrower will be required to pay all fees and expenses incurred by the Deal Agent, each Lender Agent, Agent and the Lenders in connection with the transactions and activities contemplated by this Agreement, including reasonable fees and disbursements of legal counsel and independent accountants.
Appears in 1 contract
Samples: Loan Funding and Servicing Agreement (Patriot Capital Funding, Inc.)