Common use of Additional Payments; Additional Acts Clause in Contracts

Additional Payments; Additional Acts. From time to time, Borrower will (a) pay or reimburse Lender on request for all Taxes (other than Taxes imposed on the net income or gross revenues of Lender) imposed on any Loan Document or payment and for all reasonable expenses, including legal fees (including allocated costs of in-house counsel), incurred by Lender in connection with the making or administering of the Loans, (b) pay or reimburse Lender on request for all reasonable expenses incurred by Lender in connection with conducting field audits or inspections of the Collateral; (c) pay or reimburse Lender for all reasonable expenses, including legal fees, incurred by Lender in connection with the enforcement, attempted enforcement, or preservation of any rights or remedies under this Agreement and each other Loan Document (including all such costs and expenses incurred during any "workout" or restructuring in respect of the Loans and during any legal proceeding, including any proceeding under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law affecting the rights of creditors generally of the United States or any State thereof; (d) if requested by Lender, obtain and promptly furnish to Lender evidence of all such Government Approvals as may be required to enable Borrower to comply with its obligations under the Loan Documents and to continue in business as conducted on the date hereof without material interruption or interference; (e) execute and deliver all such instruments and to perform all such other acts as Lender may reasonably request to carry out the transactions contemplated by this Agreement and the other Loan Documents and to maintain the continuous perfection and priority of Lender's Lien on all Collateral. If Borrower shall default in its obligations to reimburse Lender, interest shall accrue on the unpaid amount thereof at a per annum rate equal to five percent (5%) above the Prime Rate (changing as such Prime Rate changes) from the date Lender makes demand therefor until repaid in full by Borrower. The obligations of Borrower under this Section shall survive the payment of the Loans and the termination of this Agreement.

Additional Payments; Additional Acts. From time to time, the Borrower will (a) pay or reimburse the Agent and each Lender on request for all Taxes (other than Taxes imposed on the net income of the Agent or gross revenues of such Lender) imposed on this Agreement and any other Loan Document or payment and for all reasonable expenses, including legal including, without limitation, attorneys’ fees (including allocated costs of in-house counsel), incurred by the Agent and each Lender in connection with the making or administering of the Loans, (b) pay or reimburse the Agent and each Lender on request for all reasonable expenses (including allocated costs of in-house collateral examiners) incurred by the Agent and each Lender in connection with conducting field audits or inspections of the Collateral; provided, however, that so long as no Event of Default shall have occurred and be continuing, such collateral examinations shall occur no more often than annually, and shall be conducted by Persons present in American Samoa; provided further that, Borrower shall be under no obligation to pay or reimburse Lender for any costs or expenses incurred should Lender wish to send Persons from outside American Samoa to American Samoa to conduct any field audits or inspections, except upon the occurrence and during the continuation of an Event of Default and then at Borrower’s expense; (c) pay or reimburse the Agent and each Lender on request for all reasonable costs, expenses and fees, including, without limitation, attorneys’ fees (including allocated costs of in-house counsel), incurred by the Agent or such Lender in connection with the negotiation, preparation and execution of this Agreement and the other Loan Documents and any and all amendments, waivers, consents and similar documents pertaining hereto and thereto; (d) pay or reimburse the Lender for all reasonable expenses, including legal including, without limitation, attorneys’ fees, incurred by the Agent and each Lender in connection with the enforcement, attempted enforcement, or preservation of any rights or remedies under this Agreement and each other Loan Document (including including, without limitation, all such costs and expenses incurred during any "“workout" ” or restructuring in respect of the Loans and during any legal proceeding, including including, without limitation, any proceeding under the Bankruptcy Code any applicable international, foreign, Federal, state or under any other applicable local bankruptcy, insolvency or other similar law affecting the rights of creditors generally of the United States or any State thereofdebtor relief laws); (de) if requested by the Agent or any Lender, obtain and promptly furnish to the Agent or such Agent or such Lender evidence of all such Government Approvals as may be required to enable the Borrower to comply with its obligations hereunder and under the Loan other Borrower Documents and to continue in its business and operations as conducted on the date hereof without material interruption or interference; and (ef) execute and deliver all such instruments and to perform all such other acts as the Agent or any Lender may reasonably request to carry out the transactions contemplated by this Agreement and the other Loan Documents and to maintain the continuous perfection and priority of the Agent’s or any Lender's ’s Lien on all Collateral. If All amounts described in this Section shall be repayable by the Borrower on demand. The amount and nature of any expense by the Agent or any Lender hereunder shall default in its obligations to reimburse be fully established by the certificate of the Agent or such Lender or any of the Agent’s or such Lender, interest shall accrue on the unpaid amount thereof at a per annum rate equal to five percent (5%) above the Prime Rate (changing as such Prime Rate changes) from the date Lender makes demand therefor until repaid in full by Borrower’s officers or agents. The obligations of the Borrower under this Section 6.4 shall survive the payment of the Loans and the termination of this Agreement.

Additional Payments; Additional Acts. From time to time, Borrower the Guarantors will (a) pay or reimburse the Agent and each Lender on request for all Taxes (other than Taxes imposed on the net income of the Agent or gross revenues of such Lender) imposed on this Guaranty and the other Guarantor Documents to which any Loan Document Guarantor is a party; (b) pay or payment reimburse the Agent and each Lender on request for all reasonable expensescosts, including legal expenses and fees, including, without limitation, attorneys’ fees (including allocated costs of in-house counsel), incurred by the Agent or such Lender in connection with the making or administering negotiation, preparation and execution of this Guaranty and the Loansother Guarantor Documents to which any Guarantor is a party and any and all amendments, (b) pay or reimburse Lender on request for all reasonable expenses incurred by Lender in connection with conducting field audits or inspections of the Collateralwaivers, consents and similar documents pertaining hereto and thereto; (c) pay or reimburse Lender for all reasonable expenses, including legal fees, incurred by Lender in connection with the enforcement, attempted enforcement, or preservation of any rights or remedies under this Agreement and each other Loan Document (including all such costs and expenses incurred during any "workout" or restructuring in respect of the Loans and during any legal proceeding, including any proceeding under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law affecting the rights of creditors generally of the United States or any State thereof; (d) if requested by the Agent or any Lender, obtain and promptly furnish to the Agent or such Lender evidence of all such Government Approvals as may be required to enable Borrower each Guarantor to comply with its obligations hereunder and under the Loan other Guarantor Documents to which any Guarantor is a party and to continue in its business and operations as conducted on the date hereof without material interruption or interference; and (ed) execute and deliver all such instruments and to perform all such other acts as the Agent or any Lender may reasonably request to carry out the transactions contemplated by this Agreement Guaranty and the other Loan Guarantor Documents to which any Guarantor is a party and to maintain the continuous perfection and priority of the Agent’s or any Lender's ’s Lien on all Collateral. If Borrower any Guarantor shall default in its obligations to reimburse the Agent or any Lender, interest shall accrue on the unpaid amount thereof at a per annum rate equal to five percent (5%) above the Prime Default Rate (changing as such Prime Rate changes) from the date the Agent or such Lender makes demand therefor until repaid in full by Borrowerthe Guarantors; provided, however, that interest shall not accrue at a rate in excess of the maximum rate permitted by applicable law. The obligations of Borrower each Guarantor under this Section 4.11 shall survive the payment of the Loans and the termination of this AgreementGuaranty.

Additional Payments; Additional Acts. From time to time, Borrower will (a) pay or reimburse Lender on request for all Taxes (other than Taxes imposed on the net income or gross revenues of Lender) imposed on any Loan Document or payment and for all reasonable expenses, including legal fees (including allocated costs of in-house counsel), incurred by Lender in connection with the making or administering of the Loans, (b) pay or reimburse Lender on request for all reasonable expenses incurred by Lender in connection with conducting field audits or inspections of the Collateral; (c) pay or reimburse Lender for all reasonable expenses, including legal fees, incurred by Lender in connection with the enforcement, attempted enforcement, or preservation of any rights or remedies under this Agreement and each other Loan Document (including all such costs and expenses incurred during any "“workout" ” or restructuring in respect of the Loans and during any legal proceeding, including any proceeding under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law affecting the rights of creditors generally of the United States or any State thereof; (d) if requested by Lender, obtain and promptly furnish to Lender evidence of all such Government Approvals as may be required to enable Borrower to comply with its obligations under the Loan Documents and to continue in business as conducted on the date hereof without material interruption or interference; (e) execute and deliver all such instruments and to perform all such other acts as Lender may reasonably request to carry out the transactions contemplated by this Agreement and the other Loan Documents and to maintain the continuous perfection and priority of Lender's ’s Lien on all Collateral. If Borrower shall default in its obligations to reimburse Lender, interest shall accrue on the unpaid amount thereof at a per annum rate equal to five percent (5%) above the Prime Rate (changing as such Prime Rate changes) from the date Lender makes demand therefor until repaid in full by Borrower. The obligations of Borrower under this Section shall survive the payment of the Loans and the termination of this Agreement.

Additional Payments; Additional Acts. From time to time, the Borrower will (a) pay or reimburse the Agent and each Lender on request for all Taxes (other than Taxes imposed on the net income of the Agent or gross revenues of such Lender) imposed on this Agreement and any other Loan Document or payment and for all reasonable expenses, including legal including, without limitation, attorneys’ fees (including allocated costs of in-house counsel), incurred by the Lender in connection with the making or administering of the Loans, (b) pay or reimburse the Agent and each Lender on request for all reasonable expenses (including allocated costs of in-house collateral examiners) incurred by the Agent or such Lender in connection with conducting field audits or inspections of the Collateral; provided, however, that so long as no Event of Default shall have occurred and be continuing, such collateral examinations shall occur no more often than annually; (c) pay or reimburse the Agent and each Lender on request for all costs, expenses and fees, including, without limitation, attorneys’ fees (including allocated costs of in-house counsel), incurred by the Agent or such Lender in connection with the negotiation, preparation and execution of this Agreement and the other Loan Documents and any and all amendments, waivers, consents and similar documents pertaining hereto and thereto; (d) pay or reimburse the Agent and each Lender for all reasonable expenses, including legal including, without limitation, attorneys’ fees, incurred by the Agent or such Lender in connection with the enforcement, attempted enforcement, or preservation of any rights or remedies under this Agreement and each other Loan Document (including including, without limitation, all such costs and expenses incurred during any "“workout" ” or restructuring in respect of the Loans and during any legal proceeding, including including, without limitation, any proceeding under the Bankruptcy Code any applicable international, foreign, Federal, state or under any other applicable local bankruptcy, insolvency or other similar law affecting the rights of creditors generally of the United States or any State thereofdebtor relief laws); (de) if requested by the Agent or any Lender, obtain and promptly furnish to the Agent or such Lender evidence of all such Government Approvals as may be required to enable the Borrower to comply with its obligations hereunder and under the Loan other Borrower Documents and to continue in its business and operations as conducted on the date hereof without material interruption or interference; and (ef) execute and deliver all such instruments and to perform all such other acts as the Agent or any Lender may reasonably request to carry out the transactions contemplated by this Agreement and the other Loan Documents and to maintain the continuous perfection and priority of the Agent’s or any Lender's ’s Lien on all Collateral. If All amounts described in this Section shall be repayable by the Borrower on demand, and if the Borrower shall default in its obligations to pay or reimburse the Agent or any Lender, interest shall accrue on the unpaid amount thereof at a per annum rate equal to five percent (5%) above the Prime Default Rate (changing as such Prime Rate changes) from the date the Agent or such Lender makes demand therefor until repaid in full by the Borrower; provided, however, that interest shall not accrue at a rate in excess of the maximum rate permitted by applicable law. The amount and nature of any expense by the Agent or any Lender hereunder shall be fully established by the certificate of the Agent or such Lender or any of the Agent’s or such Lender’s officers or agents. The obligations of the Borrower under this Section 6.14 shall survive the payment of the Loans and the termination of this Agreement.

Additional Payments; Additional Acts. From time to timetime and upon demand by the Agent, Borrower will (a) pay or reimburse Lender on request the Agent and the Lenders for all Taxes (other than Taxes imposed based solely on the overall net income or gross revenues income of the Agent or such Lender) imposed on this Agreement and any other Loan Document or payment and for all reasonable expenses, including legal fees (including allocated costs of in-house counsel), incurred by Lender in connection with the making or administering of the LoansDocument, (b) pay or reimburse Lender on request the Agent and the Lenders for all expenses including reasonable expenses out-of-pocket legal fees (including allocated charges of internal legal counsel) incurred by Lender in connection with conducting field audits (i) the negotiation, preparation and execution of this Agreement, the Notes, the Guaranty, the Security Documents and the other Loan Documents, and any amendment, waiver, consent or inspections other modification of the Collateral; provisions hereof and thereof and the consummation and administration of the transactions contemplated hereby and thereby and (cii) pay or reimburse Lender for all reasonable expenses, including legal fees, incurred by Lender in connection with the enforcement, attempted enforcement, or preservation of any rights or remedies under this Agreement Agreement, the Notes, the Guaranty, the Security Documents and each other Loan Document (including all such costs and expenses incurred during any "“workout" ” or restructuring in respect of the Loans and during any legal proceeding, including any proceeding under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law affecting the rights of creditors generally of the United States of America or any State thereof; , (dc) if requested by Lender, obtain and promptly furnish to Lender the Agent evidence of all such Government Approvals as may be required to enable the Borrower or any Guarantor to comply with its obligations under the Loan Documents Documents; and to continue in business as conducted on the date hereof without material interruption or interference; (ed) execute and deliver all such instruments and to perform all such other acts as the Agent or any Lender may reasonably request to carry out the transactions contemplated by this Agreement and the other Loan Documents and to maintain the continuous perfection and priority of Lender's the Agent’s Lien on all Collateral. If the Borrower shall default in its obligations to reimburse Lender, interest shall accrue on the unpaid amount thereof at a per annum rate equal to five percent (5%) above the Prime Default Rate (changing as such Prime Rate changes) from the date Lender the Agent makes demand therefor until repaid in full by the Borrower. The obligations of the Borrower under this Section 6.14 shall survive the payment of the Loans and the termination of this Agreement.

Additional Payments; Additional Acts. From time to time, the Borrower will (a) pay or reimburse Lender on request for all Taxes (other than Taxes imposed on the net income or gross revenues of Lender) imposed on this Agreement or any other Loan Document or payment and for all reasonable out-of-pocket expenses, including reasonable legal fees (including allocated costs of in-house counsel), incurred by Lender in connection with the making making, issuance or administering of the Loans, Loans and Letters of Credit; (b) pay or reimburse Lender on request for all reasonable expenses incurred by Lender in connection with conducting field audits or inspections of the Collateral; (c) pay or reimburse Lender for all reasonable out-of-pocket expenses, including reasonable legal fees, incurred by Lender in connection with the enforcement, attempted enforcement, enforcement by judicial proceedings or preservation arbitration or other alternative dispute resolution proceeding or otherwise of any of the rights or remedies of Lender under this Agreement and each other the Loan Document Documents (including including, without limitation, all such costs and expenses incurred during any "“workout" ” or restructuring in respect of the Loans and during any legal proceeding, including including, without limitation, any proceeding under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law affecting the rights of creditors generally of the United States of America or any State thereof); (dc) if requested by Lenderupon the reasonable request of Xxxxxx, obtain and promptly furnish to Lender evidence of all such Government Approvals as may be required to enable Borrower and each Guarantor to comply with its obligations under the Loan Documents to which it is a party and to continue in business as conducted on the date hereof Closing Date without material interruption or interference; and (ed) execute and deliver all such instruments and to documents (including, without limitation, deeds of trust and vehicle title applications and registrations) and perform all such other acts as Lender may reasonably request to carry out the transactions contemplated by this Agreement and the other Loan Documents and to maintain the continuous perfection and priority of Lender's Xxxxxx’s Lien on all CollateralCollateral (including, without limitation, hereafter acquired vehicles). If Borrower shall default in its obligations to reimburse LenderLender or to make any other payment required hereunder, interest shall accrue on the unpaid amount thereof at a per annum rate equal to five percent (5%) above the Prime Rate (changing as such Prime Rate changes) from the date Lender makes demand is made upon Borrower therefor until repaid in full by Borrowerfull. The obligations of Borrower under this Section 6.13 shall survive the payment of the Loans and the Notes, the reimbursement of the Letters of Credit and the termination of this Agreement.

Additional Payments; Additional Acts. From time to time, the Borrower will (a) pay or reimburse the Agent and each Lender on request for all Taxes (other than Taxes imposed on the net income of the Agent or gross revenues of such Lender) imposed on this Agreement and any other Loan Document or payment and for all reasonable expenses, including legal including, without limitation, attorneys’ fees (including allocated costs of in-house counsel), incurred by the Lender in connection with the making or administering of the Loans, (b) pay or reimburse the Agent and each Lender on request for all reasonable expenses (including allocated costs of in-house collateral examiners) incurred by the Agent or such Lender in connection with conducting field audits or inspections of the Collateral; provided, however, that so long as no Event of Default shall have occurred and be continuing, such collateral examinations shall occur no more often than annually; (c) pay or reimburse the Agent and each Lender on request for all costs, expenses and fees, including, without limitation, attorneys’ fees (including allocated costs of in-house counsel), incurred by the Agent or such Lender in connection with the negotiation, preparation and execution of this Agreement and the other Loan Documents and any and all amendments, waivers, consents and similar documents pertaining hereto and thereto; (d) pay or reimburse the Agent and each Lender for all reasonable expenses, including legal including, without limitation, attorneys’ fees, incurred by the Agent or such Lender in connection with the enforcement, attempted enforcement, or preservation of any rights or remedies under this Agreement and each other Loan Document (including including, without limitation, all such costs and expenses incurred during any "“workout" ” or restructuring in respect of the Loans and during any legal proceeding, including including, without limitation, any proceeding under the Bankruptcy Code any applicable international, foreign, Federal, state or under any other applicable local bankruptcy, insolvency or other similar law affecting the rights of creditors generally of the United States or any State thereofdebtor relief laws); (de) if requested by the Agent or any Lender, obtain and promptly furnish to the Agent or such Lender evidence of all such Government Approvals as may be required to enable the Borrower to comply with its obligations hereunder and under the Loan other Borrower Documents and to continue in its business and operations as conducted on the date hereof without material interruption or interference; and (ef) execute and deliver all such instruments and to perform all such other acts as the Agent or any Lender may reasonably request to carry out the transactions contemplated by this Agreement and the other Loan Documents and to maintain the continuous perfection and priority of the Agent’s or any Lender's ’s Lien on all Collateral. If All amounts described in this Section shall be repayable by the Borrower on demand, and if the Borrower shall default in its obligations to pay or reimburse the Agent or any Lender, interest shall accrue on the unpaid amount thereof at a per annum rate equal to five percent (5%) above the Prime Default Rate (changing as such Prime Rate changes) from the date the Agent or such Lender makes demand therefor until repaid in full by the Borrower; provided, however, that interest shall not accrue at a rate in excess of the maximum rate permitted by applicable law. The amount and nature of any expense by the Agent or any Lender hereunder shall be fully established by the certificate of the Agent or such Lender or any of the Agent’s or such Lender’s officers or agents. The obligations of the Borrower under this Section 6.13 shall survive the payment of the Loans and the termination of this Agreement.