Common use of Enforcement and preservation costs Clause in Contracts

Enforcement and preservation costs. The Borrower shall, within five (5) Business Days of demand, pay (or shall procure that another member of the Group will pay) to each Secured Party the amount of all costs and expenses (including legal fees, disbursements and other out of pocket expenses) incurred by it in connection with the enforcement of or the preservation of any rights under any Finance Document and the Transaction Security and any proceedings instituted by or against the Common Security Agent or the POA Agent as a consequence of taking or holding the Transaction Security or enforcing these rights.

Appears in 3 contracts

Samples: Intercreditor Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Intercreditor Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Intercreditor Agreement (Melco Crown Entertainment LTD)

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Enforcement and preservation costs. The Borrower shall, within five (5) Business Days of demand, pay (or shall procure that another member of to the Group will pay) to Arrangers and each other Secured Party the amount of all costs and expenses (including legal fees, disbursements fees but excluding any internal management time of the Agent or Security Agent except to the extent expressly contemplated in the relevant Fee Letters) reasonably and other out of pocket expenses) properly incurred by it in connection with the enforcement of or the preservation of any rights under any Finance Document and the Transaction Security and any proceedings instituted by or against the Common Security Agent or the POA Agent as a consequence of taking or holding the Transaction Security or enforcing these rights.

Appears in 2 contracts

Samples: Facilities Agreement (Igate Corp), Facilities Agreement (Igate Corp)

Enforcement and preservation costs. The Borrower shall, within five (5) Business Days of demand, pay (or shall procure that another member of the Group will pay) to each Secured Party and the Arranger the amount of all costs and expenses (including including, but not limited to, legal fees, disbursements and other out of pocket expenses) incurred by it that Secured Party and the Arranger in connection with the enforcement of of, or the preservation of any rights under under, any Finance Document and the Transaction Security and any proceedings instituted by or against the Common Security Agent or the POA Agent as a consequence of taking or holding the Transaction Security or enforcing these rightsrights save to the extent arising out of the gross negligence or wilful default of the Security Agent.

Appears in 2 contracts

Samples: Agreement (Aluminum Corp of China), Agreement (Aluminum Corp of China)

Enforcement and preservation costs. The Borrower shall, within five (5) Business Days of demand, pay (or shall procure that another member of the Group will pay) to each Secured Party the amount of all costs and expenses (including legal fees, disbursements and other out of pocket expenses) incurred by it in connection with the enforcement of or the preservation of any rights under any Finance Document and the Transaction Security and any proceedings instituted by or against the Common Security Agent or the POA Agent as a consequence of taking or holding the Transaction Security or enforcing these rights.. 60 Project Asgard (2020 A&R) – Amended and Restated Facilities Agreement

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (Melco Resorts & Entertainment LTD), Intercreditor Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD)

Enforcement and preservation costs. The Borrower shall, within five (5) Business Days of demand, pay (or shall procure that another member of the Group will pay) to each Secured Party the amount of all costs and expenses (including legal fees, disbursements and other out of pocket expenses) incurred by it that Secured Party in connection with the enforcement of of, or the preservation of any rights under under, any Finance Document and the Transaction Security and any proceedings instituted by or against the Common Security Agent or the POA Agent that Secured Party as a consequence of it entering into a Finance Document, taking or holding the Transaction Security Security, or enforcing these those rights.

Appears in 1 contract

Samples: Facility Agreement

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Enforcement and preservation costs. The Borrower shall, within five (5) Business Days of demand, pay (or shall procure that another member of the Group will pay) to each Secured Party the amount of all costs and expenses (including legal fees, disbursements and other out of pocket expenses) incurred by it in connection with the enforcement of or the preservation of any rights under any Finance Document and the Transaction Security and any proceedings instituted by or against the Common Security Agent or the POA Agent as a consequence of taking or holding the Transaction Security or enforcing these rights.. SECTION 7 GUARANTEE

Appears in 1 contract

Samples: Facilities Agreement (Melco Crown Entertainment LTD)

Enforcement and preservation costs. The Borrower shall, within five (5) Business Days of demand, pay (or shall procure that another member of the Group will pay) to each Secured Party the amount of all costs and expenses (including legal fees, disbursements and other out fees but excluding the cost of pocket expensesany internal management time of the Facility Agent or Security Agent) incurred by it in connection with the enforcement of or the preservation of any rights under any Finance Document and the and/or any Transaction Security and and/or any proceedings instituted by or against the Common Security Agent or the POA Agent as a consequence of taking or holding the Transaction Security or enforcing these those rights.. SECTION 7 GUARANTEE

Appears in 1 contract

Samples: Facilities Agreement (RISE Education Cayman LTD)

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