Common use of SUBSEQUENT EXPENSES OF THE LENDER Clause in Contracts

SUBSEQUENT EXPENSES OF THE LENDER. Upon request, the Borrower will promptly reimburse the Lender for all amounts reasonably expended, advanced or incurred by the Lender in connection with the preparation of any assignments of, renewals of and amendments to any of the Loan Documents. Upon request, the Borrower will promptly reimburse the Lender for all amounts reasonably expended, advanced or incurred by the Lender to collect the Note or to enforce the Rights of the Lender under this Agreement or any of the other Loan Documents, all of which amounts shall be deemed compensatory in nature and liquidated as to amount upon notice to the Borrower by the Lender and which amounts will include, but not be limited to, (i) all court costs, (ii) attorneys' fees, (iii) fees of auditors and accountants, (iv) investigation expenses, (v) fees and expenses incurred in connection with the Lender's participation as a member of the creditors' committee in a case commenced under any Debtor Relief Laws, (vi) fees and expenses incurred in connection with lifting the automatic stay prescribed in 11 U.S.C. ss.362, and (vii) fees and expenses incurred in connection with any action pursuant to 11 U.S.C. ss.1129 incurred by the Lender in connection with the collection of any sums due under this Agreement or the other Loan Documents, together with interest at the Default Rate, calculated on a per diem basis of a year of 365 days, on each such amount from the date of notification to the Borrower that the same was expended, advanced or incurred by the Lender until the date it is repaid to the Lender, with the Obligations under this Section surviving the non-assumption of this Agreement in a case commenced under any Debtor Relief Laws and being binding upon the Borrower, any guarantor or a trustee, receiver or liquidator of any such party appointed in any such case.

SUBSEQUENT EXPENSES OF THE LENDER. Upon request, the Borrower will promptly reimburse the Lender for all amounts reasonably expended, advanced or incurred by the Lender in connection with the preparation of any assignments of, renewals of and amendments to any of the Loan Documents. Upon request, the Borrower will promptly reimburse the Lender for all amounts reasonably expended, advanced or incurred by the Lender to collect the Note or to enforce the Rights of the Lender under this Agreement or any of the other Loan Documents, all of which amounts shall be deemed compensatory in nature and liquidated as to amount upon notice to the Borrower by the Lender and which amounts will include, but not be limited to, (i) all court costs, (ii) attorneys' fees, (iii) fees of auditors and accountants, (iv) investigation expenses, (v) fees and expenses incurred in connection with the Lender's participation as a member of the creditors' committee in a case commenced under any Debtor Relief Laws, (vi) fees and expenses incurred in connection with lifting the automatic stay prescribed in 11 U.S.C. ss.362Section 362, and (vii) fees and expenses incurred in connection with any action pursuant to 11 U.S.C. ss.1129 Section 1129 incurred by the Lender in connection with the collection of any sums due under this Agreement or the other Loan Documents, together with interest at the Default Rate, calculated on a per diem basis of a year of 365 days, on each such amount from the date of notification to the Borrower that the same was expended, advanced or incurred by the Lender until the date it is repaid to the Lender, with the Obligations under this Section surviving the non-assumption of this Agreement in a case commenced under any Debtor Relief Laws and being binding upon the Borrower, any guarantor or a trustee, receiver or liquidator of any such party appointed in any such case.

SUBSEQUENT EXPENSES OF THE LENDER. Upon request, the Borrower Credit Parties, jointly and severally, will promptly reimburse the Lender for all amounts reasonably expended, advanced or incurred by the Lender in connection with the preparation of any assignments of, renewals of and amendments to any of the Loan Documents. Upon request, the Borrower Credit Parties, jointly and severally, will promptly reimburse the Lender for all amounts reasonably expended, advanced or incurred by the Lender to collect the Note or to enforce the Rights of the Lender under this Agreement or any of the other Loan Documents, all of which amounts shall be deemed compensatory in nature and liquidated as to amount upon notice to the Borrower Credit Parties by the Lender and which amounts will include, but not be limited to, (i) all court costs, (ii) attorneys' fees, (iii) fees of auditors and accountants, (iv) investigation expenses, (v) fees and expenses incurred in connection with the Lender's participation as a member of the creditors' committee in a case commenced under any Debtor Relief Laws, (vi) fees and expenses incurred in connection with lifting the automatic stay prescribed in 11 U.S.C. ss.362, and (vii) fees and expenses incurred in connection with any action pursuant to 11 U.S.C. ss.1129 incurred by the Lender in connection with the collection of any sums due under this Agreement or the other Loan Documents, together with interest at the Default Rate, calculated on a per diem basis of a year of 365 days, on each such amount from the date of notification to the Borrower Credit Parties that the same was expended, advanced or incurred by the Lender until the date it is repaid to the Lender, with the Obligations under this Section surviving the non-assumption of this Agreement in a case commenced under any Debtor Relief Laws and being binding upon any or all of the BorrowerCredit Parties, any guarantor or a trustee, receiver or liquidator of any such party appointed in any such case.

SUBSEQUENT EXPENSES OF THE LENDER. Upon request, the Borrower --------------------------------- will promptly reimburse the Lender for all amounts reasonably expended, advanced or incurred by the Lender in connection with the preparation of any additional Security Documents and any assignments of, renewals of and amendments to any of the Loan Documents. Upon request, the Borrower will promptly reimburse the Lender for all amounts reasonably expended, advanced or incurred by the Lender to collect the Note or to enforce the Rights of the Lender under this Agreement or any of the other Loan Documents, all of which amounts shall be deemed compensatory in nature and liquidated as to amount upon notice to the Borrower by the Lender and which amounts will include, but not be limited to, (i) all court costs, (ii) attorneys' fees, (iii) fees of auditors and accountants, (iv) investigation expenses, (v) fees and expenses incurred in connection with the Lender's participation as a member of the creditors' committee in a case commenced under any Debtor Relief Laws, (vi) fees and expenses incurred in connection with lifting the automatic stay prescribed in 11 U.S.C. ss.362(S)362, and (vii) fees and expenses incurred in connection with any action pursuant to 11 U.S.C. ss.1129 (S)1129 incurred by the Lender in connection with the collection of any sums due under this Agreement or the other Loan Documents, together with interest at the Default Rate, calculated on a per diem the basis of a year of 365 three hundred sixty-five (365) or three hundred sixty-six (366) days, as the case may be, on each such amount from the date of notification to the Borrower that the same was expended, advanced or incurred by the Lender until to, but not including, the date it is repaid to the Lender, with the Obligations under this Section surviving the non-assumption of this Agreement in a case commenced under any Debtor Relief Laws and being binding upon the Borrower, any guarantor or a trustee, receiver or liquidator of any such party appointed in any such case.