Lender Costs. Borrowers shall pay directly to Lender from time to time on request such amounts as Lender may determine to be necessary to compensate Lenders or any parent or holding company for any costs which it determines are attributable to the maintenance by the Lenders or any parent or holding company, pursuant to any Governmental Requirement, of capital in respect of its Revolver Commitment or making, funding or maintaining any Revolver Loans or Letters of Credit (such compensation to include, without limitation, an amount equal to any reduction of the rate of return on assets or equity of Lender or any parent or holding company to a level below that which the Lenders or any parent or holding company could have achieved but for such Governmental Requirement). Lenders will notify Borrowers that it is entitled to compensation pursuant to this Section 2.19(a) as promptly as practicable after it determines to request such compensation.
Lender Costs. Buyer shall pay all costs and expenses imposed by Lender, including processing fees and Lender's legal fees, relating to any of the transfer of partnership interest.
Lender Costs. The Borrowers shall pay the Lender, upon demand, all out-of-pocket costs incurred by the Lender in connection with any of this Agreement, the other Loan Documents and the Transactions (collectively, “Lender Costs”), including the Lender’s reasonable attorneys’ fees and expenses incurred by the Lender in connection with (a) preparing and negotiating the Loan Documents, (b) collecting upon amounts owed by the Borrower hereunder, (c) perfecting the Lender’s Liens, and (d) the enforcement of the Lender’s rights hereunder (including any enforcement of its rights under Article IV); provided that the Lender may, in its sole discretion, at any time and from time to time by written notice to the Borrowers, elect for all or any portion of any accrued and unpaid Lender Cost to be capitalized into the Loan Balance (the amount so elected, the “Capitalized Cost”), in which case, (i) the Lender shall be treated as if it had made a Loan to the Borrowers in the amount of such Capitalized Cost, (ii) the Capitalized Cost shall cease to be treated as accrued and unpaid Lender Costs, and (iii) for the avoidance of doubt, the Loan Balance shall be increased by the amount of such Capitalized Cost, in each case, effective as of the date upon which such accrued and unpaid Capitalized Cost is due.
Lender Costs. The Borrower shall pay upon demand, all reasonable out-of-pocket fees, costs and expenses (including those of outside counsel, auditors, appraisers, accountants, insurance and environmental advisors, title companies, surveyors, and other consultants and agents) incurred or paid by the Lender in connection with the preparation, negotiation, documentation, administration (including periodic field and collateral audits and site visits), amendment, modification, waiver, interpretation, collection or enforcement of this Agreement, the Note, or any other Loan Documents and the credit and security therefor. In addition, the Borrower shall pay upon demand all such costs and expenses of the Lender in connection with any Default or Event of Default by the Borrower hereunder, or in connection with the collection or enforcement of any of the terms hereof or of the other Loan Documents and the credit therefor, or any "work-out," refinancing or restructuring of the credit arrangement set forth herein. Any attorneys' fees due hereunder are to be calculated at the attorneys' customary hourly rates, and not as a percentage of the indebtedness or of the amount recovered. The Borrower agrees to indemnify the Lender, its successors and assigns, and its respective officers, directors and employees, from and hold each of them harmless against (i) any transfer taxes, documentary taxes and any other taxes, penalties, assessments or charges made by any governmental authority by reason of the execution, delivery and performance of the Loan Documents and any security therefor, and (ii) any and all losses, claims, damages, liabilities and expenses, including all expenses of litigation or preparation therefor, which any of them may incur or which may be asserted against any of them in connection with or arising out of the direct or indirect application of the proceeds of Loans. The obligations under this Section 8.A.6 shall survive repayment of the Loans and the assignment of any rights hereunder.
Lender Costs. Section 28 is hereby deleted and replaced with the ------------ ---------- following:
Lender Costs. Lessee hereby agrees to pay to Lender on Lessor's ------------ behalf all amounts described in Section 14 and Section 15 of that certain Loan Agreement, dated as of December 17, 1993, between Lessor and Lender, as amended by that certain First Amendment to Loan Agreement, Note, Security Agreement and Cotenancy Agreement, dated as of August 21, 1995 (the "Loan Agreement"). All such amounts shall be paid by -------------- Lessee at the time, in the manner and as provided in the Loan Agreement or as directed by Xxxxxx."
Lender Costs. The Pledgor shall pay to the Lender within five Business Days following written demand all Lender’s reasonable and documented out-of-pocket costs and expenses, including reasonable and documented attorneys’ fees incurred by Lender in protecting or asserting any of Lender’s rights under this Agreement or any other Collateral Document (including, without limitation, documented costs incurred in seeking legal advice in connection with any matter related to the administration or enforcement of this Agreement or in connection with any default or potential default, regardless of whether suit is filed) (“Lender Costs”). Lender Costs shall be included in the Secured Obligations secured hereby. Without prejudice to the survival of any other agreement of Pledgor under this Agreement or any other Collateral Documents, the agreements and obligations of the contained in this Section shall survive termination of this Agreement and Payment in Full.
Lender Costs. Borrower shall pay all of Xxxxxx’s out of pocket costs and expenses in connection with this Agreement, including, without limitation, reasonable attorneys’ fees, simultaneously with the execution of this Agreement. Borrower shall also pay all of Xxxxxx’s out of pocket costs and expenses in connection with confirming Borrower’s compliance with the terms of Section 1 hereof, including, without limitation, attorneys’ fees, on or prior to the later to occur of (x) five (5) Business Days following Xxxxxx’s written demand therefor (which demand may be sent via e-mail) and (y) the CMA Waterfall Application Date next succeeding such demand, and failure to do so shall be an immediate Event of Default under the Loan Documents. The costs and expenses incurred by Xxxxxx described in this Section 6 shall be referred to herein as the “Lender Modification Costs.” All Lender Modification Costs shall be deemed approved by Lender for purposes of Section 1(e)(i) of this Agreement.
