Common use of Payment of Fees and Other Expenses Clause in Contracts

Payment of Fees and Other Expenses. Whether the transactions contemplated by this Agreement are concluded or not and whether or not any part of the Credit Facility is actually advanced, in whole or in part, the Borrower shall pay: 12.14.1 the reasonable, documented costs of syndicating, as well as the legal fees and costs incurred by the Agent, acting on behalf of the Lenders, for the preparation, negotiation, execution, delivery, administration, registration, publication and/or service of the term sheet and related documentation, this Agreement and the other Loan Documents, as well as any amendments, modifications, waivers, consents or examinations pertaining to this Agreement and the other Loan Documents; and 12.14.2 all reasonable, documented fees and out-of-pocket costs and expenses, including the legal fees and costs, incurred by the Agent, any Lender or the Issuing Lender to preserve, enforce, protect or exercise its rights hereunder or under the other Loan Documents, including all such fees and costs incurred during any workout, restructuring or negotiations in respect of the Credit Facility, any Advances and any Loan Obligations, provided that the Borrower shall not be required to pay the legal fees of more than one set of counsel for the Agent and the Lenders as a collective unit, without limiting that collective unit from retaining as many counsel in as many jurisdictions as that collective unit requires, acting together; provided that, the Borrower shall not be responsible for the fees and expenses of any independent engineer or independent consultants appointed or consulted pursuant to Section 19.4 except to the extent that such appointment or consultation occurred upon and during the continuance of an Event of Default. All amounts due to the Agent and the Lenders pursuant to this Section 12.14 shall bear interest on the Prime Rate Basis from the date that is 30 days following demand (together with the delivery of any relevant invoice) by the Agent until the Borrower has paid the same in full, with interest on unpaid interest. The obligations of the Borrower under this Section 12.14 as such obligations relate to costs and expenses incurred prior to the repayment of the Loan Obligations and termination of the Credit Agreement shall survive the repayment of the Loan Obligations and the termination of the Commitments.

Payment of Fees and Other Expenses. Whether the transactions contemplated by this Agreement are concluded or not and whether or not any part of the Tranche B Credit Facility is actually advanced, in whole or in part, the Borrower shall paypay all fees, premiums and reasonable costs and expenses relating to the Tranche B Credit (in each case, subject to providing the Borrower with supporting documentation in relation thereto), including in particular: 12.14.1 11.2.1. the reasonablereasonable legal fees, documented costs of syndicating, as well as the legal fees and costs expenses incurred by Finnvera, the Finnvera Facility B Agent, acting on behalf of the Lenders, Security Agent and the Tranche B Lenders for (i) the preparation, negotiation, executiondrafting, delivery, administration, registration, publication signing and/or service of the term sheet and related documentationCommitment Fee Letter, this Agreement Agreement, the ECA Guarantee and the other Loan Documentsall documents accessory thereto, as well as (ii) any amendments, modifications, waiversrenunciations, consents or examinations pertaining to the Commitment Fee Letter, this Agreement Agreement, the ECA Guarantee and such accessory documents, and (iii) any enforcement of or the other Loan Documentsmaking of any claim under the ECA Guarantee; and 12.14.2 11.2.2. without duplication with subsection 11.2.1, all reasonable, documented fees and out-of-pocket costs and expenses, including the legal fees and costs, incurred by the Agent, any Lender or the Issuing Lender to preserve, enforce, protect or exercise its rights hereunder or under the other Loan Documents, including all such fees and costs incurred during any workout, restructuring or negotiations in respect of the Credit Facility, any Advances and any Loan Obligations, provided that the Borrower shall not be required to pay the legal fees of more than one set of counsel for the Agent and the Lenders as a collective unit, without limiting that collective unit from retaining as many counsel in as many jurisdictions as that collective unit requires, acting together; provided that, the Borrower shall not be responsible for the fees and expenses of any independent engineer or independent consultants appointed or consulted pursuant to Section 19.4 except to the extent that such appointment or consultation occurred upon and during the continuance of an Event of DefaultTranche B Fees. All amounts due to the Finnvera Facility B Agent, the Security Agent and the Tranche B Lenders pursuant to this Section 12.14 hereto shall bear interest on at the Prime Default Rate Basis from the date that is 30 days following demand of their disbursement or undertaking or, in the case of the Commitment Fee, the Finnvera Handling Fee (together with if any) and the delivery of any relevant invoice) by Tranche B Fees, from the Agent date on which they become due and payable, until the Borrower has paid the repaid same in full, with interest on unpaid interestinterest at the Default Rate. The obligations of the Borrower under this Section 12.14 as such obligations relate to costs and expenses incurred prior to 11.2 shall subsist notwithstanding the full repayment of the Tranche B Loan Obligations and termination of under the Credit Agreement shall survive the repayment of the Loan Obligations and the termination of the Commitmentsprovisions hereof.

Payment of Fees and Other Expenses. Whether Without duplication with Section 12.14 of the Credit Agreement and whether the transactions contemplated by this Agreement Schedule P are concluded or not and whether or not any part of the Tranche A Credit Facility is actually advanced, in whole or in part, the Borrower shall paypay all fees, premiums and reasonable costs and expenses relating to the Tranche A Credit (in each case, subject to providing the Borrower with supporting documentation in relation thereto), including in particular: 12.14.1 8.1.1 the reasonablereasonable legal fees, documented costs of syndicating, as well as the legal fees and costs expenses incurred by Finnvera, the Finnvera Facility Agent, acting on behalf of the Lenders, Security Agent and the Tranche A Lenders for (i) the preparation, negotiation, executiondrafting, delivery, administration, registration, publication signing and/or service of the term sheet and related documentationCommitment Fee Letter, this Agreement and the other Loan Credit Agreement, the Security Documents, as well as the ECA Guarantee and all documents accessory thereto, (ii) any amendments, modifications, waiversrenunciations, consents or examinations pertaining to this Agreement the Commitment Fee Letter, the Credit Agreement, the Security Documents, the ECA Guarantee and the other Loan Documents; and 12.14.2 all reasonablesuch accessory documents, documented fees and out-of-pocket costs and expenses, including the legal fees and costs, incurred by the Agent, (iii) any Lender enforcement of or the Issuing Lender to preserve, enforce, protect or exercise its rights hereunder or making of any claim under the other Loan Documents, including all such fees and costs incurred during any workout, restructuring or negotiations in respect of the Credit Facility, any Advances and any Loan ObligationsECA Guarantee, provided that the Borrower shall not be required payment pursuant to pay the legal fees this subsection 8.1.1 of more than one set of counsel for the Agent and the Lenders as a collective unitfees, without limiting that collective unit from retaining as many counsel in as many jurisdictions as that collective unit requires, acting together; provided that, the Borrower shall not be responsible for the fees costs and expenses incurred by Finnvera shall be subject to and limited to what is permitted by the terms of any independent engineer or independent consultants appointed or consulted pursuant to Section 19.4 except to the extent that such appointment or consultation occurred upon and during the continuance 8.2 of an Event this Schedule P; and 8.1.2 without duplication with subsection 8.1.1 of Defaultthis Schedule P, all Tranche A Fees. All amounts due to the Finnvera Facility Agent, the Security Agent and the Tranche A Lenders pursuant to this Section 12.14 Schedule P shall bear interest on at the Prime Default Rate Basis from the date that is 30 days following demand (together with of their disbursement or undertaking or, in the delivery case of any relevant invoice) by the Agent Commitment Fee, the Finnvera Handling Fee and the Tranche A Fees, from the date on which they become due and payable, until the Borrower has paid the repaid same in full, with interest on unpaid interestinterest at the Default Rate. The obligations of the Borrower under this Section 12.14 as such obligations relate to costs and expenses incurred prior to 8.1 shall subsist notwithstanding the full repayment of the Term Loan Obligations and termination of under the Credit Agreement shall survive the repayment of the Loan Obligations and the termination of the Commitmentsprovisions hereof.

Payment of Fees and Other Expenses. Whether the transactions contemplated by this Agreement are concluded or not and whether or not any part of the Credit Facility is actually advanced, in whole or in part, the Borrower shall pay: 12.14.1 the reasonable, documented costs of syndicating, as well as the legal fees and costs incurred by the Agent, acting on behalf of the Lenders, for the preparation, negotiation, execution, delivery, administration, registration, publication and/or service of the term sheet and related documentation, this Agreement and the other Loan Documents, as well as any amendments, modifications, waivers, consents or examinations pertaining to this Agreement and the other Loan Documents; and 12.14.2 all reasonable, documented fees and out-of-pocket costs and expenses, including the legal fees and costs, incurred by the Agent, any Lender or the Issuing Lender to preserve, enforce, protect or exercise its rights hereunder or under the other Loan Documents, including all such fees and costs incurred during any workout, restructuring or negotiations in respect of the Credit Facility, any Advances and any Loan Obligations, provided that the Borrower shall not be required to pay the legal fees of more than one set of counsel for the Agent and the Lenders as a collective unit, without limiting that collective unit from retaining as many counsel in as many jurisdictions as that collective unit requires, acting together; provided that, the Borrower shall not be responsible for the fees and expenses of any independent engineer or independent consultants appointed or consulted pursuant to Section 19.4 19.3 except to the extent that such appointment or consultation occurred upon and during the continuance of an Event of Default. All amounts due to the Agent and the Lenders pursuant to this Section 12.14 shall bear interest on the Prime Rate Basis from the date that is 30 days following demand (together with the delivery of any relevant invoice) by the Agent until the Borrower has paid the same in full, with interest on unpaid interest. The obligations of the Borrower under this Section 12.14 as such obligations relate to costs and expenses incurred prior to the repayment of the Loan Obligations and termination of the Credit Agreement shall survive the repayment of the Loan Obligations and the termination of the Commitments.