Payments by Bank. (a) All costs, charges, and expenses incurred by the Bank under this Assignment, including –
(i) any expenditure incurred in the creation, registration, enforcement, and/or preparation of this Assignment, or in the giving of any notice, or in the making of any demand for any monies secured by this Assignment (including legal fees on a solicitor and client basis);
(ii) paying any expenses or outgoings in respect of insuring, repairing, maintaining, managing, or realising the Property and/or any fixtures, crops, or plants on the Property;
(iii) all other monies whatsoever paid by the Bank in respect of the said costs, charges, expenses, and expenditure, or otherwise howsoever;
(iv) defending, prosecuting, or otherwise taking part in or attending (whether on a watching brief as observer or otherwise) any action, enquiry, hearing, suit, or other proceedings affecting the Property and/or any fixture, crops, or plants on the Property, and all other payments and sums stipulated on a full indemnity basis; and
(v) all or any other sums and monies paid or expended by the Bank under or pursuant to the express or implied provisions of the Land Code and/or this Assignment, and other usual banker‟s charges, will be payable by the Borrower and/or the Assignor to the Bank.
(b) Until full payment the said sums will bear interest at the rate specified in Section 5.6(b) with monthly or such other periodic rests in accordance with the type of banking facilities applicable, as well after as before any demand or judgment and regardless of whether or not the banker- customer relationship between the Bank and the Borrower and/or the Assignor has ceased or been terminated, from the date of the sums having been paid or extended, to the date of full payment.
(c) The said sums together with interest will be debited to the Borrower‟s and/or the Assignor‟s account, and will be deemed to be charged on the Property in addition to the principal sum hereby advanced and will form part of the first payment due under this Assignment.
Payments by Bank. In the event of Default (as hereinafter defined) in the timely payment or performance of any of the Obligations, Bank, at its option and without any duty on its part to determine the validity or necessity thereof, may pay the sums for which Grantor is obligated. Further, Bank may pay such sums as Bank deems appropriate for the protection and maintenance of the Property including, without limitation, sums to pay Impositions and other levies, assessments or liens, maintain insurance, make repairs, secure the Property, maintain utility service, intervene in any condemnation and pay attorneys’ fees and other fees and costs to enforce this Deed to Secure Debt or protect the lien hereof (including foreclosure) or collect the Obligations, without limitation, including those incurred in any proceeding including bankruptcy or arbitration. Any amounts so paid shall bear interest at the default rate stated in the Note and shall be secured by this Deed to Secure Debt.
Payments by Bank. The Bank shall, to the extent of any payments made by it pursuant to the Letter of Credit, be subrogated to all rights of the Issuer or its assigns (including, without limitation, the Trustee) as to all obligations of the Tenant with respect to which such payments shall be made by the Bank, but, so long as any of the Bonds remain Outstanding under the terms of the Indenture, such right of subrogation on the part of the Bank shall be in all respects subordinate to all rights and claims of the Issuer for all payments which are then due and payable under the Indenture or otherwise arising under this Lease, the Indenture or the Bonds. The Trustee will, upon request, execute and deliver any instrument reasonably requested by the Bank to evidence such subrogation and the Trustee shall assign to the Bank its rights in any obligations of the Tenant with respect to which payment of the entire principal balance and accrued interest thereon shall be made by the Bank.
Payments by Bank. All costs, charges and expenses incurred hereunder and/or pursuant to the Power of Attorney by the Bank including any expenditure incurred in the creation enforcement and/or preparation of this Assignment or in the giving of any notice or in the making of any demand for any monies secured by this Assignment and all other monies whatsoever paid by the Bank in respect of the said costs, charges expenses and expenditure or otherwise howsoever and all or any other sums and monies paid or expended by the Bank under or pursuant to the provisions of this Assignment shall be payable by the Customer and/or the Assignor to the Bank and shall be debited to the Customer’s account and shall be deemed to be secured hereunder in addition to the principal sum hereby advanced and shall form part of the payment due under this Assignment.
Payments by Bank. In the event of default in the timely payment or performance of any of the Obligations beyond any cure period, Bank, at its option, may pay the sums for which Mortgagor is obligated. Further, Bank may pay such sums as Bank deems appropriate for the protection and maintenance of the Property including, without limitation, sums to pay Impositions and other levies, assessments or liens, maintain insurance, make repairs, secure the Property, maintain utility service, intervene in any condemnation, make advances under a construction loan to enable completion of construction and pay reasonable attorneys' fees and other fees and costs to enforce this Mortgage or protect the lien hereof (including foreclosure) or collect the Obligations, without limitation, including those incurred in any proceeding including Bankruptcy or arbitration. Any amounts so paid shall bear interest at the default rate stated in the Note and shall be secured by this Mortgage.
Payments by Bank. Subject to Section 2.03, the Bank will promptly pay to the Participant, in accordance with Section 2.05(a), all amounts received and applied by the Bank in payment of principal of or interest on, and all other amounts in respect of, each MHL Asset.
Payments by Bank. Bank shall calculate and pay royalties to Retailer on a daily basis as set forth in Schedule 6.6.6.
Payments by Bank. In the event of default in the timely payment or performance of any of the Obligations not cured within the applicable cure period, Bank, at its option and without any duty on its part to determine the validity or necessity thereof, may pay the sums for which Mortgagor is obligated. Further, after an Event of a Default that has not been cured by Mortgagor within any applicable cure period, Bank may pay such sums as Bank deems appropriate for the protection and maintenance of the Property including, without limitation, sums to pay Impositions and other levies, assessments or liens, maintain insurance, make repairs, secure the Property, maintain utility service, intervene in any condemnation, make advances under a construction loan to enable completion of construction and pay attorneys’ fees and other fees and costs to enforce this Mortgage or protect the lien hereof (including foreclosure) or collect the Obligations, without limitation, including those incurred in any proceeding including Bankruptcy or arbitration. Any amounts so paid shall bear interest at the default rate stated in the Note and shall be secured by this Mortgage.
Payments by Bank. 34 10.10. Debits to Borrower's Accounts.............................................................. 34 10.11.
Payments by Bank. In its sole discretion, Bank may upon notice to Borrower and Borrower's failure within ten (10) business days to pay any of the following (or such lesser period of time if imposition of a Lien, loss of insurance or tax lien is imminent): (i) discharge taxes that Borrower fails to pay (except taxes being contested in good faith and by appropriate proceedings, for which Borrower has established and is maintaining appropriate reserves, and as to which no Lien having priority over Bank's Lien arises) and Liens levied or placed on Collateral; (ii) pay for insurance of Borrower that Borrower fails to pay or the maintenance and preservation thereof; or (iii) if Borrower shall fail to make deposits in respect of F.I.C.A. and withholding taxes referred to in Section 5.10, make such deposits or pay such taxes, in whole or in part, or set up such reserves as Bank shall in its sole discretion deem necessary in respect of Borrower's liability therefor. Any amount so paid, deposited or reserved for shall constitute a Revolving Loan for all purposes hereunder. Nothing herein shall be deemed to obligate Bank to do any of the foregoing and the making of any one or more such payments, deposits or reserves shall not constitute an agreement by Bank to take any further or similar action or a waiver of any right of Bank hereunder.
