Common use of Certain Amounts Clause in Contracts

Certain Amounts. If the Beneficiary exercises any of its rights or remedies under this Deed of Trust, or if any actions or proceedings (including any bankruptcy, insolvency or reorganization proceedings) are commenced in which the Beneficiary is made a party and is obliged to defend or uphold or enforce this Deed of Trust or the rights of the Beneficiary hereunder or the terms of any Lease, or if a condemnation proceeding is instituted affecting the Trust Property, the Grantor will pay all reasonable sums, including reasonable attorneys’ fees and disbursements, incurred by the Beneficiary related to the exercise of any remedy or right of the Beneficiary pursuant hereto and the reasonable expenses of any such action or proceeding together with all statutory or other costs, disbursements and allowances, interest thereon from the date of demand for payment thereof at the Post-Default Rate, and such sums and the interest thereon shall, to the extent permissible by law, be a Lien on the Trust Property prior to any right, title to, interest in or claim upon the Trust Property attaching or accruing subsequent to the recording of this Deed of Trust and shall be secured by this Deed of Trust to the extent permitted by law. Any payment of amounts due under this Deed of Trust not made on or before the due date for such payments (including any applicable notice and grace period) shall accrue interest daily without notice from the due date until paid at the Post-Default Rate, and such interest at the Post-Default Rate shall be immediately due upon demand by the Beneficiary.

Certain Amounts. If With respect to any accrued but unused paid-time off, personal, sick or vacation time to which any New Buyer Employee is entitled pursuant to the Beneficiary exercises personal, sick or vacation policies applicable to such New Buyer Employee immediately prior to the Closing Date (the “Accrued PTO”) and with respect to any of its rights accrued but unpaid salary, bonus, incentive pay or remedies under this Deed of Trustsimilar compensation to which any New Buyer Employee is entitled to immediately prior to the Closing Date (the “Accrued Compensation”), or Buyer shall credit the New Buyer Employee with such Accrued PTO and Accrued Compensation, as applicable; provided, however, if any actions New Buyer Employee is to be paid for such Accrued PTO or proceedings (including Accrued Compensation, Seller shall pay in cash an amount equal to such Accrued PTO and Accrued Compensation to such New Buyer Employee on or prior to the Closing Date and Buyer shall reimburse Seller at Closing for any bankruptcysuch amounts in excess of $136,724, insolvency in the aggregate, paid by Seller to all such New Buyer Employees and Buyer shall not credit any such New Buyer Employees with any Accrued PTO or reorganization proceedings) are commenced in which Accrued Compensation, as applicable. In the Beneficiary event that Seller or an Affiliate is made required to provide severance payments or benefits to any New Buyer Employees who were employees of Sycamore Asia, as a party and is obliged to defend or uphold or enforce this Deed of Trust or the rights result of the Beneficiary hereunder or the terms termination of any Lease, or if a condemnation proceeding is instituted affecting the Trust Property, the Grantor will pay all reasonable sums, including reasonable attorneys’ fees and disbursements, incurred by the Beneficiary related to the exercise of any remedy or right of the Beneficiary pursuant hereto and the reasonable expenses employment of any such action or proceeding together employee from Sycamore Asia in connection with all statutory or other costs, disbursements and allowances, interest thereon from the date of demand for payment thereof at the Post-Default Rate, and such sums and the interest thereon shall, to the extent permissible by law, be a Lien on the Trust Property prior to any right, title to, interest in or claim upon the Trust Property attaching or accruing subsequent to the recording of this Deed of Trust and shall be secured transactions contemplated by this Deed Agreement, Buyer shall reimburse Seller for the cost of Trust any such severance payments or benefits within ten (10) Business Days following submission by Seller to Buyer of reasonable documentation of the extent permitted by law. Any payment cost of amounts due under this Deed of Trust not made on such severance payments or before the due date for such payments (including any applicable notice and grace period) shall accrue interest daily without notice from the due date until paid at the Post-Default Rate, and such interest at the Post-Default Rate shall be immediately due upon demand by the Beneficiarybenefits.

Certain Amounts. If the Beneficiary Mortgagee exercises any of its rights or remedies under this Deed of TrustMortgage, or if any actions or proceedings (including any bankruptcy, insolvency or reorganization proceedings) are commenced in which the Beneficiary Mortgagee is made a party and is obliged to defend or uphold or enforce this Deed of Trust Mortgage or the rights of the Beneficiary Mortgagee hereunder or the terms of any LeaseLease (and at such time an Event of Default shall have occurred and is continuing), or if a condemnation proceeding is instituted affecting the Trust PropertyMortgaged Property (and at such time an Event of Default shall have occurred and is continuing), the Grantor Mortgagor will pay all reasonable sums, including reasonable attorneys’ ' fees and disbursements, incurred by the Beneficiary Mortgagee related to the exercise of any remedy or right of the Beneficiary Mortgagee pursuant hereto and the reasonable expenses of any such action or proceeding together with all statutory or other costs, disbursements and allowances, interest thereon from the date of demand for payment thereof at the Post-Default Rate, and such sums and the interest thereon shall, to the extent permissible by law, be a Lien on the Trust Mortgaged Property prior to any right, title to, interest in or claim upon the Trust Mortgaged Property attaching or accruing subsequent to the recording of this Deed of Trust Mortgage and shall be secured by this Deed of Trust Mortgage to the extent permitted by law. Any payment of amounts due under this Deed of Trust Mortgage not made on or before the due date for such payments (including any applicable notice and grace period) shall accrue interest daily without notice from the due date until paid at the Post-Default Rate, and such interest at the Post-Default Rate shall be immediately due upon demand by the BeneficiaryMortgagee.

Certain Amounts. If the Beneficiary Mortgagee exercises any of its rights or remedies under this Deed of TrustMortgage, or if any actions or proceedings (including any bankruptcy, insolvency or reorganization proceedings) are commenced in which the Beneficiary Mortgagee is made a party and is obliged to defend or uphold or enforce this Deed of Trust Mortgage or the rights of the Beneficiary Mortgagee hereunder or the terms of any LeaseLease (and at such time an Event of Default shall have occurred and is continuing), or if a condemnation proceeding is instituted affecting the Trust PropertyMortgaged Property (and at such time an Event of Default shall have occurred and is continuing), the Grantor Mortgagor will pay all reasonable sums, including reasonable attorneys’ fees and disbursements, incurred by the Beneficiary Mortgagee related to the exercise of any remedy or right of the Beneficiary Mortgagee pursuant hereto and the reasonable expenses of any such action or proceeding together with all statutory or other costs, disbursements and allowances, interest thereon from the date of demand for payment thereof at the Post-Default Rate, and such sums and the interest thereon shall, to the extent permissible by law, be a Lien on the Trust Mortgaged Property prior to any right, title to, interest in or claim upon the Trust Mortgaged Property attaching or accruing subsequent to the recording of this Deed of Trust Mortgage and shall be secured by this Deed of Trust Mortgage to the extent permitted by law. Any payment of amounts due under this Deed of Trust Mortgage not made on or before the due date for such payments (including any applicable notice and grace period) shall accrue interest daily without notice from the due date until paid at the Post-Default Rate, and such interest at the Post-Default Rate shall be immediately due upon demand by the BeneficiaryMortgagee.

Certain Amounts. (a) This Mortgage is given pursuant to the Note Purchase Agreements. Each and every term and provision of the Collateral Agency Agreement and the Note Purchase Agreements including the rights, remedies, obligations, covenants, conditions, agreements, indemnities, representations and warranties of the parties thereto shall be considered as if a part of this Mortgage. (b) If the Beneficiary exercises any remedy or right of its rights or remedies under this Deed of Trust, Mortgagee pursuant hereto is acted upon by Mortgagee or if any actions or proceedings (including any bankruptcy, insolvency or reorganization proceedings) are commenced in which the Beneficiary Mortgagee is made a party and is obliged to defend or uphold or enforce this Deed of Trust Mortgage or the rights of the Beneficiary Mortgagee hereunder or the terms of any Lease, or if a condemnation proceeding is instituted affecting the Trust Mortgaged Property, the Grantor Mortgagor will pay all reasonable sums, sums including reasonable attorneys’ ' fees and disbursements, disbursements actually incurred by the Beneficiary Mortgagee related to the exercise of any remedy or right of Mortgagee pursuant hereto, at law or in equity or for the Beneficiary pursuant hereto and the reasonable expenses expense of any such action or proceeding together with all statutory or other costs, disbursements and allowances, together with interest thereon from the date of demand for payment thereof at the Post-Default RateRate provided for in the Note Purchase Agreements, and such sums and the interest thereon shall, to the extent permissible by law, be a Lien on the Trust Mortgaged Property prior to any right, title to, interest in or claim upon the Trust Mortgaged Property attaching or accruing subsequent to the recording of this Deed of Trust Mortgage and shall be secured by this Deed of Trust Mortgage to the extent permitted by law. Any payment of amounts due under this Deed of Trust not made on or before the due date for such payments (including any applicable notice and grace period) shall accrue interest daily without notice from the due date until paid at the Post-Default Rate, and such interest at the Post-Default Rate shall be immediately due upon demand by the Beneficiary.