REASONABLENESS OF CHARGES. The Borrower Parties agree that (i) the actual costs and damages that Lender would suffer by reason of an Event of Default (exclusive of the attorneys' fees and other costs incurred in connection with enforcement of Lender's rights under the Loan Documents) or a prepayment would be difficult and needlessly expensive to calculate and establish, and (ii) the amounts of the Default Rate, the late charges, and the Prepayment Consideration are reasonable, taking into consideration the circumstances known to the parties at this time, and (iii) such Default Rate and late charges and Lender's reasonable attorneys' fees and other costs and expenses incurred in connection with enforcement of Lender's rights under the Loan Documents shall be due and payable as provided herein, and (iv) such interest at the Default Rate, late charges, Prepayment Consideration, and the obligation to pay Lender's reasonable attorneys' fees and other enforcement costs do not, individually or collectively, constitute a penalty.
REASONABLENESS OF CHARGES. The Borrower Parties agree that (i) the actual costs and damages that Lender would suffer by reason of an Event of Default (exclusive of the attorneys’ fees and other costs incurred in connection with enforcement of Lender’s rights under the Loan Documents) or a prepayment would be difficult and needlessly expensive to calculate and establish, and (ii) the amount of Yield Maintenance is reasonable, taking into consideration the circumstances known to the parties at this time, and (iii) such Yield Maintenance, and Lender’s reasonable attorneys’ fees and other costs and expenses incurred in connection with enforcement of Lender’s rights under the Loan Documents shall be due and payable as provided herein, and (iv) such Yield Maintenance, and the obligation to pay Lender’s reasonable attorneys’ fees and other enforcement costs do not, individually or collectively, constitute a penalty.
REASONABLENESS OF CHARGES. Makers acknowledge that upon the occurrence of an Event of Default, the damages to the Holder would be extremely difficult to ascertain, including the Holder's lost profit and loss of use of the funds evidenced hereby and expenses incurred in connection with such default, and that the accrual of Interest at the Default Rate and the Late Payment Charge are reasonable estimates of the loss to the Holder incurred by virtue of an Event of Default.
REASONABLENESS OF CHARGES. The Borrower agrees that (i) the actual costs and damages that the Lenders would suffer by reason of an Event of Default (exclusive of the attorneys’ fees and other costs incurred in connection with enforcement by the Administrative Agent and/or the Collateral Agent of Lenders’ rights under the Loan Documents) or a prepayment would be difficult and needlessly expensive to calculate and establish, (ii) the amount of Yield Maintenance is reasonable, taking into consideration the circumstances known to the parties at this time, (iii) such Yield Maintenance, and the Lenders’ reasonable attorneys’ fees and other costs and expenses incurred in connection with enforcement by the Collateral Agent and the Lenders of their interests under the Loan Documents shall be due and payable as provided herein, and (iv) such Yield Maintenance, and the obligation to pay the Lenders’ reasonable attorneys’ fees and other enforcement costs do not, individually or collectively, constitute a penalty.
REASONABLENESS OF CHARGES. As of the Effective Date, Plaintiff's counsel and the surviving named plaintiff, Xxxxx Xxxxxx, for herself and as the representative of the Settlement Class, on behalf of the Settlement Class and every member thereof, and each Class Member agree and acknowledge that the rates that the City of Lorain has charged, is charging, and will charge under the terms of the Settlement contemplated and intended by this Memorandum, for sewer services outside the City of Xxxxxx's municipal corporation limits, have been and are calculated pursuant to generally accepted industry practices consistent with the methodology in industry guidance applicable to municipal- owned sewer systems, and that the payments called for by those rates are reasonably related to the cost of providing sewer services to property within the territory of the services provided.
REASONABLENESS OF CHARGES. The Borrower Parties agree that (i) the actual costs and damages that Lender would suffer by reason of an Event of Default (exclusive of the attorneys' fees and other costs incurred in connection with enforcement of Lender's rights under the Loan Documents) or a prepayment would be difficult and needlessly expensive to calculate and establish, and (ii) the amounts of the Default Rate, the late charges, and the Prepayment Consideration are reasonable, taking into consideration the circumstances known to the parties at this time, and (iii) such Default Rate and late charges and Lender's reasonable attorneys' fees and other costs and expenses incurred in connection with enforcement of Lender's rights under the Loan Documents shall be due and payable as provided herein, and (iv) such interest at the Default Rate, late charges, Prepayment Consideration, and the obligation to pay Lender's reasonable attorneys' fees and other enforcement costs do not, individually or collectively, constitute a penalty......................................................... 27 SECTION 2.10 RESERVED...................................................................................... 28 SECTION 2.11
REASONABLENESS OF CHARGES. The Borrower Parties agree that (i) the actual costs and damages that Lender would suffer by reason of an Event of Default (exclusive of the attorneys' fees and other costs incurred in connection with enforcement of Lender's rights under the Loan Documents) or a prepayment would be difficult and needlessly expensive to calculate and establish, and (ii) the amounts of the Default Rate, the late charges, and the Yield Maintenance are reasonable, taking into consideration the circumstances known to the parties at this time, and (iii) such Default Rate, late charges, Yield Maintenance, and Lender's reasonable attorneys' fees and other costs and expenses incurred in connection with enforcement of Lender's rights under the Loan Documents shall be due and payable as provided herein, and
