Common use of Costs and Expenses, etc Clause in Contracts

Costs and Expenses, etc. (a) The Borrower agrees to pay, upon demand and presentation to the Borrower of a statement of account, (i) all reasonable and documented third-party out-of-pocket costs and expenses of the Agent, including the reasonable and documented fees and expenses of counsel to the Agent, in connection with (A) the preparation, execution and delivery of this Agreement, the Notes and the other documents to be delivered hereunder, in an amount not to exceed an amount to be separately agreed by the Borrower and the Agent and (B) the administration, modification, amendment and waiver of any thereof and advising the Agent as to its rights and responsibilities under this Agreement and (ii) all reasonable and documented fees and expenses of the Independent Engineer and the Independent Market Consultant. The Borrower further agrees to pay, upon demand and presentation to the Borrower of a statement of account, all reasonable and documented third-party out-of-pocket costs and expenses of the Agent and the Lenders, if any (including, without limitation, reasonable fees and expenses of counsel), in connection with the enforcement (whether through negotiations, legal proceedings or otherwise) of this Agreement, the Notes and the other documents to be delivered hereunder, including, without limitation, reasonable fees and expenses of counsel for the Agent and the Lenders in connection with the enforcement of rights under this Section 8.04(a), provided, that the Borrower shall be required to pay the reasonable fees and expenses of only one counsel selected by the Indemnified Parties as contemplated by the proviso to Section 8.04(b)(iii).

Costs and Expenses, etc. (a) The Borrower agrees to pay, upon demand and presentation to the Borrower of a statement of account, (i) all reasonable and documented third-party out-of-pocket costs and expenses of the Agent, including the reasonable and documented fees and expenses of counsel to the Agent, Agent in connection with (A) the preparation, execution execution, delivery, syndication, administration, modification and delivery amendment of this Agreement, the Notes Notes, the other Loan Documents and the other documents to be delivered hereunderhereunder or thereunder (including (i) all costs and expenses in connection with due diligence and syndication (including printing, in an amount not to exceed an amount to be separately agreed by travel, communication, document preparation, printing and distribution and bank meetings); (ii) the Borrower reasonable fees and expenses of each of New York special counsel and regulatory counsel for the Agent (but excluding the Agent's in-house counsel) with respect thereto and (B) the administration, modification, amendment and waiver of any thereof and with respect to advising the Agent as to its rights and responsibilities under this Agreement and the other Loan Documents; and (iiiii) all reasonable and documented the fees and expenses of each of the Independent Engineer and Environmental Consultant, the Independent Insurance Consultant and the Independent Market Consultant). The Borrower further agrees to pay, upon demand and presentation to the Borrower of a statement of account, all reasonable and documented third-party out-of-pocket costs and expenses of the Agent and the Lenders, if any (including, without limitation, reasonable fees and expenses of counsel), in connection with the enforcement (whether through negotiations, legal proceedings or otherwise) of this Agreement, the Notes Notes, the other Loan Documents and the other documents to be delivered hereunderhereunder and thereunder, including, without limitation, including reasonable fees and expenses of counsel for the Agent and the Lenders in connection with the enforcement of rights under this Section 8.04(a), provided, ; provided that the Borrower shall be required to pay the reasonable fees and expenses of only one special counsel and, if applicable, one regulatory counsel selected by the Indemnified Parties as under the circumstances contemplated by the proviso to Section 8.04(b)(iii).