Common use of Costs and Expenses of Enforcement Clause in Contracts

Costs and Expenses of Enforcement. Guarantor agrees to pay to Administrative Agent on demand all costs and expenses incurred by Administrative Agent or any Lender in seeking to enforce Administrative Agent’s or such Lender’s rights and remedies under this Guaranty, including court costs, costs of alternative dispute resolution and reasonable attorneys’ fees, whether or not suit is filed or other proceedings are initiated hereon. All such costs and expenses incurred by Administrative Agent or any Lender shall constitute a portion of the Guaranteed Obligations hereunder, shall be subject to the provisions hereof with respect to the Guaranteed Obligations and shall be payable by Guarantor on demand by Lender.

Appears in 4 contracts

Samples: Guaranty Agreement (KBS Real Estate Investment Trust III, Inc.), Guaranty Agreement (KBS Real Estate Investment Trust III, Inc.), Limited Payment Guaranty Agreement (KBS Real Estate Investment Trust II, Inc.)

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Costs and Expenses of Enforcement. Guarantor agrees to pay to Administrative Agent on demand all costs and expenses incurred by Administrative Agent or any Lender in seeking to enforce Administrative Agent’s or such Lender’s rights and remedies under this Guaranty, including court costs, costs of alternative dispute resolution and reasonable attorneys’ fees, whether or not suit is filed or other proceedings are initiated hereon. All such costs and expenses incurred by Administrative Agent or any Lender shall constitute a portion of the Guaranteed Lease Obligations hereunder, shall be subject to the provisions hereof with respect to the Guaranteed Lease Obligations and shall be payable by Guarantor on demand by Lender.

Appears in 1 contract

Samples: Limited Completion Guaranty Agreement (KBS Real Estate Investment Trust II, Inc.)

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