Common use of Secured Party Expenses Clause in Contracts

Secured Party Expenses. The term “SECURED PARTY EXPENSES” means all reasonable out-of-pocket expenses or costs incurred by the SECURED PARTIES arising out of, pertaining to, or in any way connected with this AGREEMENT, any of the other SECURITY DOCUMENTS or the OBLIGATIONS, or any documents executed in connection herewith or transactions hereunder, including without limitation: All costs or expenses required to be paid by the GUARANTOR pursuant to this AGREEMENT or as otherwise provided for in any of the SECURITY DOCUMENTS or as required by any other present or future agreement between the GUARANTOR and the SECURED PARTIES evidencing and/or securing the OBLIGATIONS which are paid or advanced by the SECURED PARTIES; taxes and insurance premium of every nature and kind of GUARANTOR paid by the SECURED PARTIES; filing, recording, title insurance, environmental and consulting fees, audit fees, search fees and other expenses paid or incurred by the SECURED PARTIES in connection with the transactions of the SECURED PARTIES with the GUARANTOR; reasonable and necessary costs and expenses incurred by the SECURED PARTIES in the collection of the RECEIVABLES (with or without the institution of legal action), to correct any default or enforce any provision of this AGREEMENT, or in gaining possession of, maintaining, handling, evaluating, preserving, storing, shipping, selling, preparing for sale and/or advertising to sell the COLLATERAL or any other property of the GUARANTOR in which any SECURED PARTY has a lien whether or not a sale is consummated; reasonable and necessary costs and expenses of litigation incurred by the SECURED PARTIES in enforcing or defending this AGREEMENT or any portion hereof; and reasonable and necessary attorneys’ fees and expenses incurred by the SECURED PARTIES in obtaining advice or the services of their attorneys with respect to the structuring, drafting, negotiating, reviewing, amending, terminating, enforcing or defending of this AGREEMENT, or any portion hereof or any agreement or matter related hereto, whether or not litigation is instituted; and reasonable travel expenses related to any of the foregoing.

Appears in 2 contracts

Samples: Security Agreement (Martek Biosciences Corp), Loan and Security Agreement (Martek Biosciences Corp)

AutoNDA by SimpleDocs

Secured Party Expenses. The term “SECURED PARTY EXPENSES” means all reasonable the out-of-pocket expenses or costs incurred by the SECURED PARTIES ADMINISTRATIVE AGENT arising out of, pertaining to, or in any way connected with this AGREEMENT, any of the other SECURITY CREDIT DOCUMENTS or the OBLIGATIONS. The term “SECURED PARTY EXPENSES” shall include, or any documents executed in connection herewith or transactions hereunder, including without limitation: All (a) the costs or expenses required to be paid by the GUARANTOR pursuant to this AGREEMENT or as otherwise provided for in any BORROWER by the terms of the SECURITY DOCUMENTS or as required by any other present or future agreement between the GUARANTOR and the SECURED PARTIES evidencing and/or securing the OBLIGATIONS which are paid or advanced by the SECURED PARTIESCREDIT DOCUMENTS; (b) taxes and insurance premium of every nature and kind of GUARANTOR premiums advanced or otherwise paid by the SECURED PARTIESPARTIES in connection with the COLLATERAL or on behalf of the BORROWER; filing, recording(c) filing and recording costs, title insuranceinsurance premiums, environmental and consulting fees, audit fees, search fees and other expenses paid or incurred by the SECURED PARTIES in connection with the transactions of the SECURED PARTIES with the GUARANTORADMINISTRATIVE AGENT; reasonable and necessary (d) costs and expenses incurred by the SECURED PARTIES ADMINISTRATIVE AGENT in the collection of the RECEIVABLES ACCOUNTS (with or without the institution of legal action), or to correct any default or enforce any provision of this AGREEMENT, or in gaining possession of, maintaining, handling, evaluating, preserving, storing, shipping, selling, preparing for sale and/or advertising to sell the COLLATERAL or any other property of the GUARANTOR in which any SECURED PARTY has a lien BORROWER whether or not a sale is consummated; reasonable and necessary (e) costs and expenses of litigation incurred by any SECURED PARTY or any participant of a SECURED PARTY in any of the SECURED PARTIES OBLIGATIONS, in enforcing or defending this AGREEMENT or any portion hereofhereof or in collecting any of the OBLIGATIONS; and (f) reasonable and necessary attorneys’ fees and expenses incurred by the SECURED PARTIES ADMINISTRATIVE AGENT in obtaining advice or the services of their its attorneys with respect to the structuring, drafting, negotiating, reviewing, amending, terminating, enforcing or defending of this AGREEMENT, or any portion hereof or any agreement or matter related hereto, whether or not litigation is instituted; and reasonable (g) travel expenses of the ADMINISTRATIVE AGENT or its agents related to any of the foregoing.

Appears in 2 contracts

Samples: Loan and Security Agreement (Martek Biosciences Corp), Loan and Security Agreement (Martek Biosciences Corp)

Secured Party Expenses. The term "SECURED PARTY EXPENSES" means all reasonable out-of-pocket expenses or costs incurred by the SECURED PARTIES for whatever reason arising out of, pertaining to, or in any way connected with this AGREEMENT, any of the other SECURITY DOCUMENTS AGREEMENT or the OBLIGATIONS, or any documents executed in connection herewith or transactions hereunder, including without limitation: All costs or expenses required to be paid by the GUARANTOR DEBTOR pursuant to this AGREEMENT or as otherwise provided for in any of the SECURITY DOCUMENTS or as required by any other present or future agreement between the GUARANTOR and the SECURED PARTIES evidencing and/or securing the OBLIGATIONS which are paid or advanced by the SECURED PARTIESPARTY DOCUMENTS; taxes and insurance premium of every nature and kind of GUARANTOR DEBTOR paid by the SECURED PARTIES; filing, recording, title insurance, environmental and consulting fees, audit fees, search fees and other expenses paid or incurred by the SECURED PARTIES in connection with the transactions of the SECURED PARTIES with the GUARANTOR; reasonable and necessary costs and expenses incurred by the SECURED PARTIES in the collection of the RECEIVABLES ACCOUNTS (with or without the institution of legal action), to correct any default or enforce any provision of this AGREEMENT, or in gaining possession of, maintaining, handling, evaluating, preserving, storing, shipping, selling, preparing for sale and/or advertising to sell the COLLATERAL or any other property of the GUARANTOR DEBTOR in which any the SECURED PARTY has PARTIES have a lien whether or not a sale is consummated; reasonable and necessary costs and expenses of litigation incurred by the SECURED PARTIES in enforcing or defending this AGREEMENT or any portion hereof; and reasonable and necessary attorneys' fees and expenses incurred by the SECURED PARTIES in obtaining advice or the services of their respective attorneys with respect to the structuring, drafting, negotiating, reviewing, amending, terminating, enforcing or defending of this AGREEMENT, or any portion hereof or any agreement or matter related hereto, whether or not litigation is instituted; and reasonable travel expenses related to any of the foregoing.

Appears in 1 contract

Samples: Security Agreement (Plymouth Rubber Co Inc)

AutoNDA by SimpleDocs

Secured Party Expenses. The term “SECURED PARTY EXPENSES” means all reasonable the out-of-pocket expenses or costs incurred by the SECURED PARTIES arising out of, pertaining to, or in any way connected with this AGREEMENT, any of the other SECURITY LOAN DOCUMENTS or the OBLIGATIONS. The term “SECURED PARTY EXPENSES” shall include, or any documents executed in connection herewith or transactions hereunder, including without limitation: All (a) the costs or expenses required to be paid by the GUARANTOR pursuant to this AGREEMENT any or as otherwise provided for in any all of the SECURITY DOCUMENTS or as required by any other present or future agreement between the GUARANTOR and the SECURED PARTIES evidencing and/or securing the OBLIGATIONS which are paid or advanced BORROWERS by the SECURED PARTIESterms of the LOAN DOCUMENTS; (b) taxes and insurance premium of every nature and kind of GUARANTOR premiums advanced or otherwise paid by the SECURED PARTIESPARTIES in connection with the COLLATERAL or on behalf of any or all of the BORROWERS; filing, recording(c) filing and recording costs, title insuranceinsurance premiums (based on insurance in an aggregate amount of $20,000,000.00), environmental and consulting feesfees (to the extent incurred prior to CLOSING or after an EVENT OF DEFAULT), audit feesfees (subject to the limitation in Section 5.9), search fees and other expenses paid or incurred by the SECURED PARTIES in connection with the transactions of the SECURED PARTIES with the GUARANTORAGENT; reasonable and necessary (d) costs and expenses incurred by the SECURED PARTIES AGENT in the collection of the RECEIVABLES (with or without the institution of legal action), or to correct any default or enforce any provision of this AGREEMENT, or in gaining possession of, maintaining, handling, evaluating, preserving, storing, shipping, selling, preparing for sale and/or advertising to sell the COLLATERAL or any other property of any or all of the GUARANTOR in which any SECURED PARTY has a lien BORROWERS whether or not a sale is consummated; reasonable and necessary (e) costs and expenses of litigation incurred by any SECURED PARTY or any participant of a SECURED PARTY in any of the SECURED PARTIES OBLIGATIONS, in enforcing or defending this AGREEMENT or any portion hereofhereof or in collecting any of the OBLIGATIONS; and (f) reasonable and necessary attorneys’ fees and expenses incurred by the SECURED PARTIES AGENT in obtaining advice or the services of their its attorneys with respect to the structuring, drafting, negotiating, reviewing, amending, terminating, enforcing or defending of this AGREEMENT, or any portion hereof or any agreement or matter related hereto, whether or not litigation is instituted; and reasonable (g) travel expenses of the AGENT or its agents related to any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Dover Motorsports Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!