To Pay Costs. The Borrowers shall pay all reasonable costs, charges and expenses of or incurred by any Lender in inspecting the Secured Property or in or about taking, recovering or keeping possession of any of the Secured Property or in any other proceedings taken in enforcing the remedies provided herein or otherwise in relation to this Agreement or the Secured Property, or by reason of non-payment of the moneys hereby secured, costs of any sale proceedings hereunder, whether such sale proceedings prove abortive or not, and costs of any Receiver with respect to, and all expenditures made by any Lender or any Receiver in the course of, doing anything hereby permitted to be done by any Lender or such Receiver. All such costs and expenses and other monies payable hereunder, together with interest at the Maximum Legal Rate applicable to such Obligations, shall be payable on demand and shall constitute a charge on the Secured Property. Without limiting the generality of the foregoing, such reasonable costs shall extend to and include any legal costs incurred by or on behalf of each Lender or the Receiver as between attorney and his own client.
To Pay Costs. The Company will promptly pay all reasonable out-of-pocket costs, charges and expenses (including reasonable legal fees of a solicitor) of the Investor incidental to, or which in any way relate to, the enforcement of this Note. All such costs, charges and expenses will be payable five (5) Business Days following demand and will bear interest at the Prime Rate, calculated monthly in arrears from the date any such cost, charge or expense is due to the Investor by the Company.
To Pay Costs. The Company shall pay all costs, charges and expenses of or incurred by the Bank (a) incidental to the preparation, execution and filing of this Agreement and any other Security Documents and any instruments relating thereto or required by the Offer of Finance (including without limitation any supplemental security or any instrument amending any of the Security Documents), (b) in inspecting the Collateral or in or about taking, recovering or keeping possession of any of the Collateral or in any other proceedings taken in enforcing the remedies provided herein or otherwise in relation to this Agreement or the Collateral, or by reason of non-payment of the moneys hereby secured, (c) the costs of any sale proceedings hereunder, whether such sale proves abortive or not, and (d) the costs of any Receiver with respect to, and all expenditures made by the Bank or any Receiver in the course of, doing anything hereby permitted to be done by the Bank or such Receiver (including without limitation any costs and expenditures relating to compliance with the Bankruptcy and Insolvency Act (Canada)). All such costs and expenses and other monies payable hereunder, together with interest at the highest rate applicable to any Obligations, shall be payable on demand and shall constitute a charge on the Collateral. Without limiting the generality of the foregoing, such costs shall extend to and include any legal costs incurred by or on behalf of the Bank as between solicitor and own client.
To Pay Costs. The Company shall pay all reasonable costs, charges and expenses of or incurred by the Lender (a) incidental to the preparation, execution and filing of any supplemental security or any instrument amending any of the Security Documents, (b) in inspecting the Collateral or in or about taking, recovering or keeping possession of any of the Collateral or in any other proceedings taken in enforcing the remedies provided herein or otherwise in relation to this Agreement or the Collateral, or by reason of non-payment of the moneys hereby secured, (c) the costs of any sale proceedings hereunder, whether such sale proves abortive or not, and (d) the costs of any Receiver with respect to, and all expenditures made by the Lender or any Receiver in the course of, doing anything hereby permitted to be done by the Lender or such Receiver (including without limitation any costs and expenditures relating to compliance with the Bankruptcy and Insolvency Act (Canada)). All such costs and expenses and other monies payable hereunder, together with interest at the highest rate applicable to any Obligations, shall be payable on demand and shall constitute a charge on the Collateral. Without limiting the generality of the foregoing, such costs shall extend to and include any legal costs incurred by or on behalf of the Lender as between solicitor and own client.
To Pay Costs. The Tenant shall pay all proper costs, charges and expenses incurred by or on behalf of the Landlord (together with the Landlord’s own administrative and management expenses) in relation to:
(A) the preparation and service of any notice and any proceedings under ss146 or 147 Law of Property Xxx 0000 or the Leasehold Property (Repairs) Xxx 0000 whether or not forfeiture is avoided other than by relief granted by the court; and
(B) the preparation and service on any undertenant of any notice under s.6 Law of Distress Amendment Xxx 0000; and
(C) the preparation and service of any notice under s.17 of the 1995 Act; and
(D) the recovery of any arrears of the Rents, whether by action or otherwise; and
(E) the preparation and service of a schedule of dilapidations at any time during or within three months after the end of the Term (but relating to all cases only to such wants of repair which accrued not later than the expiration of the Term); and
(F) any action taken by the Landlord to ensure that the Tenant makes good any breach of the Tenant’s Covenants including, without limitation, any survey carried out by or on behalf of the Landlord to determine the nature and extent of any breach of covenant; and
(G) the application for consent to any matter for which the consent or approval of the Landlord is required under this Lease whether such consent is granted or not for any reason unless the Landlord acts unreasonably in refusing consent. Any costs payable under this clause 7.5(G) shall:
(1) be payable to the extent only that they are proper and reasonable; and
(2) include the proper and reasonable costs of the Superior Landlord where the cost of the Superior Landlord is required under the terms of the Superior Lease.
To Pay Costs. 4.4.1 to pay the Landlord all proper costs expenses and charges (including but not by way of limitation professional advisers’ costs and disbursements) properly incurred by the Landlord or any Superior Landlord:
(a) in the preparation negotiation and service of all schedules of dilapidations whether during or following the expiry or sooner determination of the Term;
(b) in or in proper contemplation of any proceedings under Sections 146 or 147 of the Law of Property Xxx 0000 (including but not by way of limitation the preparation and service of all notices under Section 146) even if forfeiture is avoided otherwise than by relief granted by the Court; and
(c) in respect of the recovery of any arrears of rent or any other breach of covenant (including but not by way of limitation any costs of levying distress or execution);
4.4.2 to pay the Landlord the reasonable and proper costs expenses and charges (including but not by way of limitation professional advisers’ costs and disbursements) properly incurred by the Landlord or any Superior Landlord in respect of any application for consent required by this Lease (including any application for the consent of any Superior Landlord) on a full indemnity basis and whenever reasonably required by the Landlord to give security for them whether or not such consent is granted save where such consent is unreasonably withheld or proffered subject to unreasonable conditions;
To Pay Costs. In addition to and not in substitution for any other costs payable by the Companies hereunder, the Companies shall pay all costs, charges and expenses of or incurred by the Holder incidental to the preparation, execution and filing of this Debenture, any other Security Documents and any instruments relating thereto (including without limitation any supplemental security or any instrument amending any of the Security Documents), or in inspecting the Mortgaged Property. All such costs and expenses and other monies payable hereunder, together with interest at the Interest Rate shall be payable on demand and shall constitute a charge on the Mortgaged Property. Without limiting the generality of the foregoing, such costs shall extend to and include any legal costs incurred by or on behalf of the Holder as between solicitor and his own client.
To Pay Costs. The Corporation shall pay all costs, fees, charges and expenses in relation to this Agreement and any enforcement of the terms hereof;
To Pay Costs. The Tenant shall pay by way of additional rent on a full indemnity basis all costs, charges and expenses properly incurred by or on behalf of the Landlord and the Management Company (together with their own administrative and management expenses) in relation to:
(A) the preparation and service of any notice or any proceedings under ss146 or 147 of the Law of Property Xxx 0000 or the Leasehold Property (Repairs) Xxx 0000, or any steps taken to effect peaceable re-entry of the Premises, whether or not forfeiture is avoided other than by relief granted by the court; and
(B) the recovery of any arrears of the Rent or other sums due to the Landlord or the Management Company under this Lease, whether by action or otherwise and whether or not including the preparation and service of any notice pursuant to s.81 of the Tribunals, Courts and Enforcement Xxx 0000 and/or s.17 of the 1995 Act; and
(C) the preparation and service of a schedule of dilapidations at any time during or within three months after the end of the Term; and
(D) any action taken by the Landlord or the Management Company to ensure that the Tenant makes good any breach of the Tenant's Covenants; and
(E) the application for consent to any matter for which the consent or approval of the Landlord is required under this Lease (but excluding any costs incurred in relation to the Landlord's consideration and/or approval of any initial fitting out works at the Premises proposed by the Tenant following the grant of this Lease) whether such consent is granted or not for any reason unless the Landlord acts unlawfully in refusing consent. Any costs payable under this clause 8.5(E) shall be payable to the extent only that they are proper and reasonable.
To Pay Costs. To pay the proper and reasonable legal charges and surveyors' fees and other professional fees incurred by or of the Landlord and the stamp duty on the licences and duplicates resulting from all applications by the Tenant for any consent or approval of the Landlord required by this Lease (whether in accordance with the express rights granted to the Tenant or otherwise) including reasonable and proper legal charges surveyors' fees and other professional fees and expenses actually incurred in cases where consent or approval is refused where the Landlord is entitled to refuse the same or the application is withdrawn.
