Common use of Loan and Administration Expenses Clause in Contracts

Loan and Administration Expenses. Each Borrower unconditionally agrees to pay all reasonable expenses of the Loan, including all amounts payable pursuant to Sections 7.2 and 7.3 and any and all other fees owing to Agent or any Lender pursuant to the Loan Documents, and also including, without limiting the generality of the foregoing, all recording, filing and registration fees and charges, mortgage or documentary taxes, all insurance premiums, title insurance premiums and other charges of each Title Insurer, printing and photocopying expenses, survey fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicable, charges of a Title Insurer or other escrowee for administering disbursements, all fees and costs of Agent’s Environmental Report, all appraisal fees, insurance consultant’s fees, travel related expenses and all costs and expenses incurred by Agent in connection with the determination of whether or not Borrowers have performed the obligations undertaken by Borrowers hereunder or have satisfied any conditions precedent to the obligations of each Lender hereunder and, if any default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes or any portion thereof is not paid in full when and as due, all costs and expenses of Lenders (including, without limitation, court costs and counsel’s fees and disbursements) incurred in attempting to enforce payment of the Loan and expenses of Agent and each Lender incurred (including court costs and counsel’s fees and disbursements) in attempting to realize, while a default or Event of Default exists, on any security or incurred in connection with the sale or disposition (or preparation for sale or disposition) of any security for the Loan. Each Borrower agrees to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify and hold Agent and the Lenders harmless against all claims, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) arising in relation to any claim by broker, finder or similar person.

Appears in 5 contracts

Samples: Secured Loan Agreement, Secured Loan Agreement (Sentio Healthcare Properties Inc), Secured Loan Agreement (Sentio Healthcare Properties Inc)

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Loan and Administration Expenses. Each Borrower unconditionally agrees to pay all reasonable expenses of the Loan, including all amounts payable pursuant to Sections 7.2 and 7.3 and any and all other fees owing to Agent or any Lender pursuant to the Loan Documents, and also including, without limiting the generality of the foregoing, all recording, filing and registration fees and charges, mortgage or documentary taxes, all insurance premiums, title insurance premiums and other charges of each Title Insurer, printing and photocopying expenses, survey fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicable, charges of a Title Insurer or other escrowee for administering disbursements, all fees and costs of AgentLender’s Environmental Report, all appraisal fees, insurance consultant’s fees, travel related expenses and all costs and expenses incurred by Agent Lender in connection with the determination of whether or not Borrowers have performed the obligations undertaken by Borrowers hereunder or have satisfied any conditions precedent to the obligations of each Lender hereunder and, if any default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes Note or any portion thereof is not paid in full when and as due, all costs and expenses of Lenders Lender (including, without limitation, court costs and counsel’s fees and disbursements) incurred in attempting to enforce payment of the Loan and expenses of Agent and each Lender incurred (including court costs and counsel’s fees and disbursements) in attempting to realize, while a default or Event of Default exists, on any security or incurred in connection with the sale or disposition (or preparation for sale or disposition) of any security for the Loan. Each Borrower agrees to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify and hold Agent and the Lenders Lender harmless against all claims, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) arising in relation to any claim by broker, finder or similar person.

Appears in 4 contracts

Samples: Secured Loan Agreement, Secured Loan Agreement (CNL Healthcare Trust, Inc.), Secured Loan Agreement (CNL Healthcare Trust, Inc.)

Loan and Administration Expenses. Each Borrower Except as otherwise provided in this Agreement and the other Loan Documents, Borrowers unconditionally agrees agree to pay all reasonable out-of-pocket expenses of the Loan, including all amounts payable pursuant to Sections 7.2 8.2 and 7.3 8.3 and any and all other fees owing to Agent or any Lender pursuant to the Loan Documents, and also including, without limiting the generality of the foregoing, all recording, filing and registration fees and charges, mortgage or documentary taxes, all insurance premiums, title insurance premiums and other charges of each the Title Insurer, printing and photocopying expenses, survey fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicable, charges of a Title Insurer or other escrowee for administering disbursements, all fees and costs of Agent’s Environmental Report, all appraisal fees, insurance consultant’s fees, travel related expenses and all costs and expenses incurred by Agent Lender in connection with the determination of whether or not Borrowers have performed the obligations undertaken by Borrowers hereunder or have satisfied any conditions precedent to the obligations of each Lender hereunder and, if any default Default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes Note or any portion thereof is not paid in full when and as due, all costs and expenses of Lenders Lender (including, without limitation, court costs and reasonable counsel’s fees and disbursementsdisbursements and fees and costs of paralegals) incurred in attempting to enforce payment of the Loan and expenses of Agent and each Lender incurred (including court costs and reasonable counsel’s fees and disbursementsdisbursements and fees and costs of paralegals) in attempting to realize, while a default Default or Event of Default exists, on any security or incurred in connection with the sale or disposition (or preparation for sale or disposition) of any security for the Loan. Each Borrower agrees Borrowers agree to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify and hold Agent and the Lenders Lender harmless against all claims, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) arising incurred in relation to any claim by broker, finder or similar person.

Appears in 2 contracts

Samples: Loan Agreement (Emeritus Corp\wa\), Loan Agreement (Emeritus Corp\wa\)

Loan and Administration Expenses. Each Borrower unconditionally agrees to pay all reasonable costs and expenses of incurred by Lender in connection with the Loan, including all amounts payable pursuant to Sections 7.2 and 7.3 this Article 7 and any and all other fees owing to Agent or any Lender pursuant to the Loan DocumentsDocuments or any separate fee agreement, and also including, without limiting the generality of the foregoing, if applicable, all recording, filing and registration fees and charges, mortgage or documentary taxes, all insurance premiums, title insurance premiums and other charges of each in connection with Title InsurerPolicies, printing and photocopying expenses, survey fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicable, charges of a Title Insurer or other escrowee for administering disbursements, all fees and costs of Agent’s Environmental Reportbonds, all appraisal fees, insurance consultant’s fees, environmental consultant’s fees, travel related expenses and all costs and expenses incurred by Agent Lender in connection with the determination of whether or not Borrowers have Borrower has performed the obligations undertaken by Borrowers Borrower hereunder or have has satisfied any conditions precedent to the obligations of each Lender hereunder and, if any default Default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes Note or any portion thereof is not paid in full when and as due, all costs and expenses of Lenders Lender (including, without limitation, court costs and counsel’s fees and disbursementsdisbursements and fees and costs of paralegals) incurred in attempting to enforce payment of the Loan and expenses of Agent and each Lender incurred (including court costs and counsel’s fees and disbursementsdisbursements and fees and costs of paralegals) in attempting to realize, while a default Default or Event of Default exists, on any security or incurred in connection com1ection with the sale or disposition (or preparation for sale or disposition) of any security for the Loan. Each Whenever Borrower is obligated to pay or reimburse Lender for any attorneys’ or paralegals’ fees, those fees shall include the reasonable allocated costs for services of in-house counsel. Borrower agrees to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify and hold Agent and the Lenders Lender harmless against all claims, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) arising incurred in relation to any claim by broker, finder or similar person.

Appears in 2 contracts

Samples: Loan Agreement (Legacy Housing Corp), Loan Agreement (Legacy Housing Corp)

Loan and Administration Expenses. Each Borrower unconditionally agrees to pay all reasonable expenses of the Loan, including all amounts payable pursuant to Sections 7.2 and 7.3 Section 5.2 and any and all other fees owing to Agent or any Lender pursuant to the Loan Documents, and also including, without limiting the generality of the foregoing, all recording, filing and registration fees and charges, mortgage or documentary taxes, all insurance premiums, title insurance premiums and other charges of each the Title Insurer, printing and photocopying expenses, survey fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicablePolicy, charges of a the Title Insurer or other escrowee for administering disbursements, all fees and costs of Agent’s Environmental Report, all appraisal fees, insurance consultant’s fees, environmental consultant’s fees, travel related expenses and all costs and expenses incurred by Agent Lender in connection with the determination of whether or not Borrowers have Borrower has performed the obligations undertaken by Borrowers Borrower hereunder or have has satisfied any conditions precedent to the obligations of each Lender hereunder and, if any default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes Note or any portion thereof is not paid in full when and as due, all costs and expenses of Lenders Lender (including, without limitation, court costs and counsel’s fees and disbursementsdisbursements and fees and costs of paralegals) incurred in attempting to enforce payment of the Loan and expenses of Agent and each Lender incurred (including court costs and counsel’s fees and disbursementsdisbursements and fees and costs of paralegals) in attempting to realize, while a default or Event of Default exists, on any security or incurred in connection with the sale or disposition (or preparation for sale or disposition) of any security for the Loan. Each Borrower agrees to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify and hold Agent and the Lenders Lender harmless against all claims, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) arising incurred in relation to any claim by broker, finder or similar personperson engaged by Borrower.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement (CNL Healthcare Properties II, Inc.)

Loan and Administration Expenses. Each Borrower unconditionally agrees to pay all of Administrative Agent’s reasonable third party, out of pocket expenses of the Loan, including all amounts payable pursuant to Sections 7.2 5.2 and 7.3 5.3, and any and all other fees owing to Administrative Agent or any Lender pursuant to the Loan Documents, and also including, without limiting the generality of the foregoing, all recording, filing and registration fees and charges, mortgage or documentary taxes, all insurance premiums, title insurance premiums and other charges of each the Title Insurer, printing and photocopying expenses, survey fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicable, charges of a the Title Insurer or other escrowee for administering disbursements, all fees and costs disbursements of Agent’s Lenders’ Consultant and Lenders’ Environmental ReportConsultant, all appraisal fees, insurance consultant’s fees, travel related expenses and all costs and expenses incurred by Administrative Agent in connection with the determination of whether or not Borrowers have Borrower has performed the obligations undertaken by Borrowers Borrower hereunder or have has satisfied any conditions precedent to the obligations of each Lender Lenders hereunder and, if any default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes or any portion thereof is not paid in full when and as due, all reasonable costs and expenses of Lenders (including, without limitation, court costs and reasonable counsel’s fees and disbursements) incurred by Lenders in attempting to enforce payment of the Loan and expenses of Agent and each Lender Lenders incurred (including court costs and counsel’s fees and disbursements) in attempting to realize, while a default or an Event of Default exists, on any security or incurred in connection with the sale or disposition (or preparation for sale or disposition) of any security for the Loan. Each Borrower agrees to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify and hold Agent and the Lenders harmless against all claims, liabilities, costs and expenses (including reasonable third party attorneys’ fees and expenses) arising actually incurred in relation to any claim by broker, finder or similar person.

Appears in 2 contracts

Samples: Secured Acquisition and Construction Loan Agreement (BioMed Realty Trust Inc), Secured Acquisition and Construction Loan Agreement (BioMed Realty Trust Inc)

Loan and Administration Expenses. Each Borrower unconditionally agrees to pay all reasonable expenses of the Loan, including all amounts payable pursuant to Sections 7.2 7.2, 7.3 and 7.3 7.4 and any and all other fees owing to Agent or any Lender pursuant to the Loan DocumentsDocuments or any separate fee agreement, and also including, without limiting the generality of the foregoing, all recording, filing and registration fees and charges, mortgage or documentary taxes, all insurance premiums, title insurance premiums and other charges of each the Title Insurer, printing and photocopying expenses, survey fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicablePolicy, charges of a the Title Insurer or other escrowee for administering disbursements, all fees and costs disbursements of AgentLender’s Environmental ReportConsultant, all appraisal fees, insurance consultant’s fees, environmental consultant’s fees, travel related expenses and all costs and expenses incurred by Agent and Lender in connection with the determination of whether or not Borrowers have Borrower has performed the obligations undertaken by Borrowers Borrower hereunder or have has satisfied any conditions precedent to the obligations of each Lender hereunder and, if any default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes or any portion thereof is not paid in full when and as due, all costs and expenses of Lenders Agent and Lender (including, without limitation, court costs and counsel’s fees and disbursementsdisbursements and fees and costs of paralegals) incurred in attempting to enforce payment of the Loan and expenses of Agent and each Lender incurred (including court costs and counsel’s fees and disbursementsdisbursements and fees and costs of paralegals) in attempting to realize, while a default or Event of Default exists, on any security or incurred in connection with the sale or disposition (or preparation for sale or disposition) of any security for the Loan. Each Borrower agrees to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify and hold Agent Lender harmless for, from and the Lenders harmless against all claims, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) arising incurred in relation to any claim by broker, finder or similar person.

Appears in 2 contracts

Samples: Construction Loan Agreement, Construction Loan Agreement (Dupont Fabros Technology, Inc.)

Loan and Administration Expenses. Each Except as otherwise provided in this Agreement and the other Loan Documents, Borrower unconditionally agrees to pay all reasonable out-of-pocket expenses of the Loan, including all amounts payable pursuant to Sections 7.2 and 7.3 and any and all other fees owing to Agent or any Lender pursuant to the Loan Documents, and also including, without limiting the generality of the foregoing, all recording, filing and registration fees and charges, mortgage or documentary taxes, all insurance premiums, title insurance premiums and other charges of each the Title Insurer, printing and photocopying expenses, survey fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicablePolicy, charges of a the Title Insurer or other escrowee for administering disbursements, all fees and costs disbursements of AgentLender’s Consultant and Lender’s Environmental ReportConsultant, all appraisal fees, insurance consultant’s fees, travel related expenses and all costs and expenses incurred by Agent Lender in connection with the determination of whether or not Borrowers have Borrower has performed the obligations undertaken by Borrowers Borrower hereunder or have has satisfied any conditions precedent to the obligations of each Lender hereunder and, if any default Default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes Note or any portion thereof is not paid in full when and as due, all costs and expenses of Lenders Lender (including, without limitation, court costs and reasonable counsel’s fees and disbursementsdisbursements and fees and costs of paralegals) incurred in attempting to enforce payment of the Loan and expenses of Agent and each Lender incurred (including court costs and reasonable counsel’s fees and disbursementsdisbursements and fees and costs of paralegals) in attempting to realize, while a default Default or Event of Default exists, on any security or incurred in connection with the sale or disposition (or preparation for sale or disposition) of any security for the Loan. Each Borrower agrees to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify and hold Agent and the Lenders Lender harmless against all claims, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) arising incurred in relation to any claim by broker, finder or similar person.

Appears in 2 contracts

Samples: Loan Agreement (Emeritus Corp\wa\), Loan Agreement (Emeritus Corp\wa\)

Loan and Administration Expenses. Each Borrower unconditionally agrees to pay all reasonable costs and expenses of incurred by Lender in connection with the Loan, including all amounts payable pursuant to Sections 7.2 and 7.3 and any and all other fees owing to Agent or any Lender pursuant to the Loan DocumentsDocuments or any separate fee agreement, and also including, without limiting the generality of the foregoing, all recording, filing and registration fees and charges, mortgage or documentary taxes, all insurance premiums, title insurance premiums and other charges of each Title Insurer, printing and photocopying expenses, survey fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicable, charges of a Title Insurer or other escrowee for administering disbursements, all fees and costs of Agent’s Environmental Reportbonds, all appraisal fees, insurance consultant’s fees, environmental consultant’s fees, travel related expenses and all costs and expenses incurred by Agent Lender in connection with the determination of whether or not Borrowers have Borrower has performed the obligations undertaken by Borrowers Borrower hereunder or have has satisfied any conditions precedent to the obligations of each Lender hereunder and, if any default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes Note or any portion thereof is not paid in full when and as due, all costs and expenses of Lenders Lender (including, without limitation, court costs and counsel’s fees and disbursementsdisbursements and fees and costs of paralegals) incurred in attempting to enforce payment of the Loan and expenses of Agent and each Lender incurred (including court costs and counsel’s fees and disbursementsdisbursements and fees and costs of paralegals) in attempting to realize, while a default or Event of Default exists, on any security or incurred in connection with the sale or disposition (or preparation for sale or disposition) of any security for the Loan. Each Whenever Borrower is obligated to pay or reimburse Lender for any attorneys’ or paralegals’ fees, those fees shall include the reasonable allocated costs for services of in-house counsel. Borrower agrees to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify and hold Agent and the Lenders Lender harmless against all claims, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) arising incurred in relation to any claim by broker, finder or similar person.

Appears in 1 contract

Samples: Loan Agreement (Ameris Bancorp)

Loan and Administration Expenses. Each Borrower unconditionally agrees to pay all reasonable costs and expenses of incurred by Lender in connection with the Loan, including all amounts payable pursuant to Sections 7.2 and 7.3 and any and all other fees owing to Agent or any Lender pursuant to the Loan DocumentsDocuments or any separate fee agreement, and also including, without limiting the generality of the foregoing, all recording, filing and registration fees and charges, mortgage documentary or documentary similar indebtedness taxes, all insurance premiums, title insurance premiums and other charges of each Title Insurer, printing and photocopying expenses, survey fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicable, charges of a Title Insurer or other escrowee for administering disbursements, all fees and costs of Agent’s Environmental Report, all appraisal fees, insurance consultant’s fees, travel related expenses and all reasonable costs and expenses incurred by Agent Lender in connection with the determination of whether or not Borrowers have Borrower has performed the obligations undertaken by Borrowers Borrower hereunder or have has satisfied any conditions precedent to the obligations of each Lender hereunder and, if any default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes Note or any portion thereof is not paid in full when and as due, all costs and expenses of Lenders Lender (including, without limitation, court costs and counsel’s fees and disbursementsdisbursements and fees and costs of paralegals) incurred in attempting to enforce payment of the Loan and expenses of Agent and each Lender incurred (including court costs and counsel’s fees and disbursementsdisbursements and fees and costs of paralegals) in attempting to realize, while a default or Event of Default exists, on any security or incurred in connection with the sale or disposition (or preparation for sale or disposition) of any security for the Loan. Each Notwithstanding the foregoing, attorneys' or paralegals' fees for which Borrower agrees is obligated to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify and hold Agent reimburse Lender under this Agreement and the Lenders harmless against all claims, liabilities, other Loan Documents shall not include allocated costs and expenses (including reasonable attorneys’ fees and expenses) arising in relation to any claim by broker, finder for services of in-house counsel or similar personin-house paralegals.

Appears in 1 contract

Samples: Loan Agreement (ServisFirst Bancshares, Inc.)

Loan and Administration Expenses. Each Borrower unconditionally agrees to pay all reasonable expenses of the Loan, including all amounts payable pursuant to Sections 7.2 and 7.3 Loan and any and all other fees owing to Agent or any Lender Lenders pursuant to the Loan Documents, and also including, without limiting the generality of the foregoing, all recording, filing and registration fees and charges, mortgage or mortgage, documentary and intangible taxes, all insurance premiums, title insurance premiums and other charges of each the Title Insurer, printing and photocopying expenses, survey fees and charges, cost of certified copies of instruments, cash deposits required to be made with the Title Insurer and cost of premiums on surety company bonds including bonds required by the Title Insurer in connection with the issuance of title insurance commitments, interim title binders and the Title PoliciesInsurance Policy, at the promulgated rates, if applicableor removal of title exceptions therefrom, charges of a the Title Insurer or other escrowee for administering disbursements, all environmental consultant fees, appraisal fees and costs or fees of Agent’s Environmental Report, all appraisal feesoutside appraisers, insurance consultant’s fees, reasonable travel related expenses and all reasonable, out of pocket costs and expenses incurred by Agent on behalf of Lenders in connection with the determination of whether or not Borrowers have Borrower has performed the obligations undertaken by Borrowers Borrower hereunder or have has satisfied any conditions precedent to the obligations of each Lender Lenders hereunder and, if any default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes or any portion thereof is not paid in full when and as due, all costs and expenses of Lenders incurred by Agent (including, without limitation, court costs and reasonable counsel’s fees and disbursements) incurred in attempting to enforce payment of the Loan or in attempting to enforce payment under the Carveout Guaranty or the Indemnity Agreement and all costs and expenses of Agent and each Lender incurred (including court costs and reasonable counsel’s fees and disbursements) in attempting to realize, while a default or an Event of Default exists, on any security or incurred in connection with the sale or disposition (or preparation for sale or disposition) of any security for the Loan. Each Borrower agrees to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify and hold Agent and the Lenders harmless against all claims, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) arising in relation to any claim by broker, finder or similar personperson alleging to have dealt with Borrower in connection with this transaction. All of the foregoing expenses, charges, costs and fees shall be the Borrower’s obligation regardless of whether the Loan is disbursed in whole or in part unless such failure to disburse is due to Lenders’ wrongful failure to disburse hereunder.

Appears in 1 contract

Samples: Loan Agreement (Taubman Centers Inc)

Loan and Administration Expenses. Each Borrower unconditionally agrees to pay all reasonable expenses of the Loan, including all amounts payable pursuant to Sections 7.2 and 7.3 and any and all other fees owing to Agent or any Lender pursuant to the Loan Documents, and also including, without limiting the generality of the foregoing, all recording, filing and registration fees and charges, mortgage or documentary taxes, all insurance premiums, title insurance premiums and other charges of each the Title Insurer, printing and photocopying expenses, survey fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicable, charges of a Title Insurer or other escrowee for administering disbursements, all fees and costs of Agent’s Environmental ReportPolicy, all appraisal fees, insurance consultant’s fees, travel related expenses and all costs and expenses incurred by Agent in connection with the determination of whether or not Borrowers have Borrower has performed the obligations undertaken by Borrowers Borrower hereunder or have has satisfied any conditions precedent to the obligations of each Lender hereunder and, if any default Default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes Note or any portion thereof is not paid in full when and as due, all costs and expenses of Lenders Agent and Lender (including, without limitation, court costs and counsel’s fees and disbursementsdisbursements and fees and costs of paralegals) incurred in attempting to enforce payment of the Loan and expenses of Agent and each Lender incurred (including court costs and counsel’s fees and disbursementsdisbursements and fees and costs of paralegals) in attempting to realize, while a default Default or Event of Default exists, on any security or incurred in connection with the sale or disposition (or preparation for sale or disposition) of any security for the Loan. Each Borrower agrees to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify and hold Agent and the Lenders Lender harmless against all claims, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) arising incurred in relation to any claim by broker, finder or similar person.

Appears in 1 contract

Samples: Loan Agreement (NNN Healthcare/Office REIT, Inc.)

Loan and Administration Expenses. Each Borrower unconditionally agrees to pay all reasonable expenses and necessary expenses, of the Loan, including all amounts payable pursuant to Sections 7.2 and 7.3 and any and all other actual fees owing to Agent or any Lender pursuant to the Loan Documents, and also including, without limiting the generality of the foregoing, all recording, filing and registration fees and charges, mortgage or documentary taxes, all insurance premiums, title insurance premiums and other charges of each Title Insurer, printing and photocopying expenses, survey fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicable, charges of a Title Insurer or other escrowee for administering disbursements, all fees and costs of AgentLender’s Environmental Report, all appraisal fees, insurance consultant’s fees, travel related expenses and all costs and expenses incurred by Agent Lender in connection with the determination of whether or not Borrowers have performed the obligations undertaken by Borrowers hereunder or have satisfied any conditions precedent to the obligations of each Lender hereunder and, if any default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes Note or any portion thereof is are not paid in full when and as due, all costs and expenses of Lenders Lender (including, without limitation, court costs and reasonable counsel’s fees and disbursements) incurred in attempting to enforce payment of the Loan and expenses of Agent and each Lender incurred (including court costs and reasonable counsel’s fees and disbursements) in attempting to realize, while a default or Event of Default exists, on any security Collateral or incurred in connection with the sale or disposition (or preparation for sale or disposition) of any security Collateral for the Loan. Each Loan or any portion thereof, each Borrower agrees to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify and hold Agent and the Lenders Lender harmless against all claims, liabilities, actual costs and expenses incurred by Lender (including reasonable attorneys’ fees and expenses) arising in relation to any claim by broker, finder or similar person.

Appears in 1 contract

Samples: Secured Loan Agreement (Adcare Health Systems, Inc)

Loan and Administration Expenses. Each Whether or not the Loan is made, Borrower unconditionally agrees to pay all reasonable costs and expenses of the Loan, including all amounts payable pursuant to Sections 7.2 2.7, 2.8 and 7.3 9.3 and any and all other fees owing to Agent or any Lender pursuant to the Loan Documents, and also includingincluding all documentation, without limiting modification, or workout costs relating to the generality of the foregoingLoan, all recording, filing and registration fees and charges, mortgage or documentary taxes, all insurance premiumsUCC searches, title insurance premiums and other charges of each Title Insurer, printing and photocopying expenses, survey fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicable, charges of a Title Insurer or other escrowee for administering disbursements, all fees and disbursements of Lender's consultants, any costs involved in the disbursement, syndication and administration of Agent’s Environmental Reportthe Loan, all appraisal feesany repair or maintenance costs or payments made to remove or protect against liens, insurance consultant’s fees, travel related expenses and all costs and expenses incurred by Agent Lender in connection with the determination of whether or not Borrowers have Borrower has performed the obligations undertaken by Borrowers Borrower hereunder or have has satisfied any conditions precedent to the obligations of each Lender hereunder and, if any default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes Note or any portion thereof is not paid in full when and as due, all costs and expenses of Lenders (including, without limitation, court costs and counsel’s fees and disbursements) Lender incurred in attempting to enforce or collect payment of the Loan or enforce any rights of Lender or Borrower's obligations hereunder and expenses of Agent and each Lender incurred (including court costs expenses relating to documentary and counsel’s fees expert evidence and disbursementspublication costs) in attempting to realize, while a default or Event of Default exists, on any security or incurred in connection with the sale or sale, disposition (or preparation for sale or disposition) or liquidation of any security for the LoanLoan (including any foreclosure sale, deed in lieu transaction or costs incurred in connection with any litigation or bankruptcy or administrative hearing and any appeals therefrom and any post-judgment enforcement action including, without limitation, supplementary proceedings in connection with the enforcement of this Agreement). Each All such costs or expenses incurred or advances or payments made by Lender shall also include court costs, legal fees and disbursements relating thereto and shall be included as additional Indebtedness evidenced by the Note and secured by the Mortgages and the other Loan Documents bearing interest at the Default Rate set forth in the Note until paid. Borrower agrees to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify indemnify, defend and hold Agent and the Lenders Lender harmless against all claims, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) Expenses arising in relation to any claim by broker, finder or similar person. Lender may require the payment of Lender's outstanding fees and expenses as a condition to any disbursement of the Loan. Lender is hereby authorized, without any specific request or direction by Borrower, to make disbursements from time to time in payment of or to reimburse Lender for all Loan expenses and fees.

Appears in 1 contract

Samples: Loan Agreement (Brookdale Senior Living Inc.)

Loan and Administration Expenses. Each Borrower Borrowers unconditionally agrees agree to pay all reasonable expenses of the Loan, including all amounts payable pursuant to Sections 7.2 6.2 and 7.3 6.3 and any and all other fees owing to Agent or any Lender pursuant to the Loan Documents, and also including, without limiting the generality of the foregoing, all recording, filing and registration fees and charges, mortgage or documentary taxes, all insurance premiums, title insurance premiums and other charges of each the Title Insurer, printing and photocopying expenses, survey fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicablePolicy, charges of a the Title Insurer or other escrowee for administering disbursements, all fees and costs disbursements of AgentLender’s Environmental ReportConsultant, all appraisal fees, insurance consultant’s fees, travel related expenses and all costs and expenses incurred by Agent Lender in connection with the determination of whether or not Borrowers have performed the their obligations undertaken by Borrowers hereunder or have satisfied any conditions precedent to the obligations of each Lender hereunder and, if any default Default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes Note or any portion thereof is not paid in full when and as due, all costs and expenses of Lenders Lender (including, without limitation, court costs and counsel’s fees and disbursementsfees) actually incurred in attempting to enforce payment of the Loan and expenses of Agent and each Lender incurred (including court costs and counsel’s fees and disbursementsdisbursements and fees and costs of paralegals) in attempting to realize, while a default Default or Event of Default exists, on any security or incurred in connection with the sale or disposition (or preparation for sale or disposition) of any security for the Loan. Each Borrower agrees Borrowers agree to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify and hold Agent and the Lenders Lender harmless against all claims, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) arising incurred in relation to any claim by broker, finder or similar person.

Appears in 1 contract

Samples: Loan Agreement (Grubb & Ellis Healthcare REIT II, Inc.)

Loan and Administration Expenses. Each Borrower unconditionally agrees to pay all reasonable expenses of the Loan, including all amounts payable pursuant to Sections 7.2 and 7.3 and any and all ------------ --- other reasonable fees owing to Agent or any Lender pursuant to the Loan DocumentsDocuments or any separate fee agreement, and also including, without limiting the generality of the foregoing, all recording, filing and registration fees and charges, mortgage or documentary taxes, all insurance premiums, title insurance premiums and other charges of each the Title Insurer, printing and photocopying expenses, survey fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicablePolicy, charges of a the Title Insurer or other escrowee for administering disbursements, all fees and costs disbursements of Agent’s Environmental ReportLender's Consultant, all appraisal fees, insurance consultant’s 's fees, environmental consultant's fees, travel related expenses and all reasonable costs and expenses incurred by Agent Lender in connection with the determination of whether or not Borrowers have Borrower has performed the obligations undertaken by Borrowers Borrower hereunder or have has satisfied any conditions precedent to the obligations of each Lender hereunder and, if any default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes Note or any portion thereof is not paid in full when and as due, all reasonable costs and expenses of Lenders Lender (including, without limitation, court costs and reasonable counsel’s 's fees and disbursementsdisbursements and fees and costs of paralegals) incurred in attempting to enforce payment of the Loan and expenses of Agent and each Lender incurred (including court costs and reasonable counsel’s 's fees and disbursementsdisbursements and fees and costs of paralegals) in attempting to realize, while a default or Event of Default exists, on any security or incurred in connection with the sale or disposition (or preparation for sale or disposition) of any security for the Loan. Each Borrower agrees to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify and hold Agent and the Lenders Lender harmless against all claims, liabilities, costs and expenses (including reasonable attorneys' fees and expenses) arising incurred in relation to any claim by broker, finder or similar person.

Appears in 1 contract

Samples: Construction Loan Agreement (American Leisure Holdings, Inc.)

Loan and Administration Expenses. Each Borrower unconditionally agrees to pay all of Administrative Agent’s reasonable third party, out of pocket expenses of the Loan, including all amounts payable pursuant to Sections 7.2 5.2 and 7.3 5.3, and any and all other fees owing to Administrative Agent or any Lender pursuant to the Loan Documents, and also including, without limiting the generality of the foregoing, all recording, filing and registration fees and charges, mortgage or documentary taxes, all insurance premiums, title insurance premiums and other charges of each the Title Insurer, printing and photocopying expenses, survey fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicable, charges of a the Title Insurer or other escrowee for administering disbursements, all fees and costs disbursements of Agent’s Environmental ReportLenders’ Consultant, all appraisal fees, insurance consultant’s fees, travel related expenses and all costs and expenses incurred by Administrative Agent in connection with the determination of whether or not Borrowers have Borrower has performed the obligations undertaken by Borrowers Borrower hereunder or have has satisfied any conditions precedent to the obligations of each Lender Lenders hereunder and, if any default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes or any portion thereof is not paid in full when and as due, subject to applicable notice and cure periods, all costs and expenses of Lenders (including, without limitation, court costs and reasonable counsel’s fees and disbursements) incurred by Lenders in attempting to enforce payment of the Loan and expenses of Agent and each Lender Lenders incurred (including court costs and reasonable counsel’s fees and disbursements) in attempting to realize, while a default or an Event of Default exists, on any security or incurred in connection with the sale or disposition (or preparation for sale or disposition) of any security for the Loan. Each Borrower agrees to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify and hold Agent and the Lenders harmless against all claims, liabilities, costs and expenses (including reasonable third party attorneys’ fees and expenses) arising actually incurred in relation to any claim by broker, finder or similar person.

Appears in 1 contract

Samples: And Interim Loan Agreement (Glimcher Realty Trust)

Loan and Administration Expenses. Each Borrower Borrowers unconditionally agrees agree to pay all reasonable out-of-pocket costs and expenses of the Loan, including all amounts payable pursuant to Sections 7.2 and 7.3 and any and all other fees owing to Agent or any incurred by Lender pursuant to the Loan Documents, and also includingincluding (a) all documentation, without limiting modification, or workout costs relating to the generality of the foregoingLoan, (b) all recording, filing and registration fees and charges, mortgage or documentary taxes, all insurance premiumsUCC searches, title insurance premiums and other charges survey charges, and all fees and disbursements of each Title InsurerLender’s consultants, printing (c) any costs involved in the disbursement and photocopying expensesadministration of the Loan, survey (d) any repair or maintenance costs or payments made to remove or protect against liens not expressly permitted hereunder, (e) all expenses of collection and settlement of Insurance Proceeds, including adjusters’ fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicable, charges of a Title Insurer or other escrowee for administering disbursements, all fees and costs of Agent’s Environmental Report, all appraisal fees, insurance consultant’s fees, travel related expenses and (f) all costs and expenses incurred by Agent Lender in connection with the determination of whether or not Borrowers have performed the obligations undertaken by Borrowers hereunder or have has satisfied any conditions precedent to the obligations of each Lender hereunder andhereunder, (g) if any default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes Note or any portion thereof is not paid in full when and as due, all costs costs, expenses and expenses advances of Lenders (including, without limitation, court costs and counsel’s fees and disbursements) Lender incurred in attempting to enforce or collect payment of the Loan or enforce any rights of Lender or Borrowers’ obligations hereunder and expenses of Agent and each Lender incurred (including court costs expenses relating to documentary and counsel’s fees and disbursementsexpert evidence, publication costs) in attempting to realize, while a default or an Event of Default exists, on or protect, preserve or maintain any security or incurred in connection with the sale or sale, disposition (or preparation for sale or disposition) or liquidation of any security for the Loan (including any foreclosure sale, deed in lieu transaction or costs incurred in connection with any litigation or bankruptcy or administrative hearing and any appeals therefrom and any post-judgment enforcement action including, without limitation, supplementary proceedings in connection with the enforcement of this Agreement), and (h) all court costs, legal fees and disbursements relating to any of the foregoing (collectively, “Expenses”). All Expenses incurred or advances or payments made by Lender shall be included as additional Indebtedness evidenced by the Note and secured by the Security Instruments and the other Loan Documents bearing interest at the Interest Rate (or Default Rate following an Event of Default) until paid. Lender may require the payment of Expenses as a condition to any disbursement of the Loan. Each Borrower agrees Lender is hereby authorized, without any specific request or direction by Borrowers, to make disbursements from time to time in payment of (or to reimburse Lender for) any Expenses, including disbursements from any Holdback regardless of the purpose of such Holdback. Borrowers agree to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify indemnify, defend and hold Agent and the Lenders Lender harmless against all claims, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) Expenses arising in relation to any claim by a broker, finder or similar person.

Appears in 1 contract

Samples: Recognition and Attornment Agreement (Wells Mid-Horizon Value-Added Fund I LLC)

Loan and Administration Expenses. Each Borrower unconditionally agrees to pay all reasonable costs and expenses of the Loan, including all amounts payable pursuant to Sections 7.2 and 7.3 and any and all other fees owing to Agent or any incurred by Lender pursuant to the Loan Documents, and also includingincluding (a) all documentation, without limiting modification, or workout costs relating to the generality of the foregoingLoan, (b) all recording, filing and registration fees and charges, mortgage or documentary taxes, all insurance premiumsUCC searches, title insurance premiums and other charges survey charges, and all fees and disbursements of each Title InsurerLender’s consultants, printing (c) any costs involved in the disbursement and photocopying expensesadministration of the Loan, survey (d) any repair or maintenance costs or payments made to remove or protect against liens, (e) all expenses of collection and settlement of Insurance Proceeds, including adjusters’ fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicable, charges of a Title Insurer or other escrowee for administering disbursements, all fees and costs of Agent’s Environmental Report, all appraisal fees, insurance consultant’s fees, travel related expenses and (f) all costs and expenses incurred by Agent Lender in connection with the determination of whether or not Borrowers have Borrower has performed the obligations undertaken by Borrowers Borrower hereunder or have has satisfied any conditions precedent to the obligations of each Lender hereunder andhereunder, (g) if any default Default or Event of Default occurs hereunder under this Agreement or under any of the Loan Documents or if the Loan or the Notes Note or any portion thereof is not paid in full when and as due, all costs costs, expenses and expenses advances of Lenders (including, without limitation, court costs and counsel’s fees and disbursements) Lender incurred in attempting to enforce or collect payment of the Loan or enforce any rights of Lender or Borrower’s obligations hereunder and expenses of Agent and each Lender incurred (including court costs expenses relating to documentary and counsel’s fees and disbursementsexpert evidence, publication costs) in attempting to realize, while a default Default or Event of Default existsexists under this Agreement or any of the other Loan Documents, on or protect, preserve or maintain any security or incurred in connection with the sale or sale, disposition (or preparation for sale or disposition) or liquidation of any security for the Loan (including any foreclosure sale, deed in lieu transaction or costs incurred in connection with any litigation or bankruptcy or administrative hearing and any appeals therefrom and any post-judgment enforcement action including, without limitation, supplementary proceedings in connection with the enforcement of this Agreement), and (h) all court costs, collection costs, legal fees and disbursements relating to any of the foregoing (collectively, “Expenses”). All Expenses incurred or advances or payments made by Lender shall be included as additional Indebtedness evidenced by the Note and secured by the Security Instrument and the other Loan Documents bearing interest at the Interest Rate (or Default Rate following an Event of Default) until paid. Lender may require the payment of Expenses as a condition to any disbursement of the Loan. Each Lender is hereby authorized, without any specific request or direction by Borrower, to make disbursements from time to time in payment of (or to reimburse Lender for) any Expenses, including disbursements from any Holdback regardless of the purpose of such Holdback. Borrower agrees to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify indemnify, defend and hold Agent and the Lenders Lender harmless against all claims, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) Expenses arising in relation to any claim by a broker, finder or similar person.

Appears in 1 contract

Samples: Loan Agreement (Trade Street Residential, Inc.)

Loan and Administration Expenses. Each Borrower unconditionally agrees to pay all reasonable expenses of the LoanLoan required under this Agreement, including all amounts payable pursuant to Sections 7.2 and 7.3 and any and all other fees owing to Agent or any Lender pursuant to the Loan Documents, and also including, without limiting the generality of the foregoing, all recording, filing and registration fees and charges, mortgage or documentary taxes, all insurance premiums, title insurance premiums and other charges of each the Title Insurer, printing and photocopying expenses, survey fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds instruments and the Title Policies, at the promulgated rates, if applicablePolicy, charges of a the Title Insurer or other escrowee for administering disbursements, all fees and costs of Agent’s Lender's Environmental ReportConsultant, all appraisal fees, insurance consultant’s fees, travel related expenses 's fees and all costs and expenses incurred by Agent Lender in connection with the determination of whether or not Borrowers have Borrower has performed the obligations undertaken by Borrowers Borrower hereunder or have has satisfied any conditions precedent to the obligations of each Lender hereunder and, if any default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes Note or any portion thereof is not paid in full when and as due, all costs and expenses of Lenders Lender (including, without limitation, court costs and reasonable counsel’s 's fees and disbursements) incurred in attempting to enforce payment of the Loan and expenses of Agent and each Lender incurred (including court costs and reasonable counsel’s 's fees and disbursements) in attempting to realize, while a default or Event of Default exists, on any security or incurred in connection with the sale or disposition (or preparation for sale or disposition) of any security for the Loan. Each Borrower agrees to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify and hold Agent and the Lenders Lender harmless against all claims, liabilities, costs and expenses (including reasonable attorneys' fees and expenses) arising in relation to any claim by broker, finder or similar personperson on behalf of Borrower.

Appears in 1 contract

Samples: Loan Agreement (Wellsford Real Properties Inc)

Loan and Administration Expenses. Each Borrower unconditionally agrees to pay all reasonable expenses of the Loan, including all amounts payable pursuant to Sections 7.2 7.2, 7.3 and 7.3 7.4 and any and all other fees owing to Agent Lender or any Lender pursuant to the Loan Documents, and also including, without limiting the generality of the foregoing, all recording, filing and registration fees and charges, mortgage or documentary taxes, all insurance premiums, title insurance premiums and other charges of each the Title Insurer, printing and photocopying expenses, survey fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicablePolicy, charges of a the Title Insurer or other escrowee for administering disbursements, all fees and costs disbursements of Agent’s Lender's Consultant and Lender's Environmental ReportConsultant, all appraisal fees, insurance consultant’s 's fees, travel related expenses and all costs and expenses incurred by Agent Lender in connection with the determination of whether or not Borrowers have Borrower has performed the obligations undertaken by Borrowers Borrower hereunder or have has satisfied any conditions precedent to the obligations of each Lender hereunder and, if any default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes Note or any portion thereof is not paid in full when and as due, all costs and expenses of Lenders Lender (including, without limitation, court costs and reasonable counsel’s 's fees and disbursementsdisbursements and fees and costs of paralegals) incurred in attempting to enforce payment of the Loan and expenses of Agent and each Lender incurred (including court costs and reasonable counsel’s 's fees and disbursementsdisbursements and fees and costs of paralegals) in attempting to realize, while a default or Event of Default exists, on any security or incurred in connection with the sale or disposition (or preparation for sale or disposition) of any security for the Loan. Each Borrower agrees to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify and hold Agent and the Lenders harmless against all claims, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) arising in relation to any claim by broker, finder or similar person.

Appears in 1 contract

Samples: Construction Loan Agreement (Medical Properties Trust Inc)

Loan and Administration Expenses. Each Borrower unconditionally agrees to pay all reasonable expenses of the Loan, including all amounts payable pursuant to Sections Section 7.2 and 7.3 and any and all other fees owing to Agent or any Lender pursuant to the Loan Documents, and also including, without limiting the generality of the foregoing, all recording, filing and registration fees and charges, mortgage mortgage, intangible or documentary taxes, escrow charges, title charges, all insurance premiums, title insurance premiums and other charges of each the Title Insurer, printing and photocopying expenses, survey fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicablePolicy, charges of a the Title Insurer or other escrowee for administering disbursements, all fees and costs of Agent’s Environmental Report, all appraisal fees, insurance consultant’s fees, investigator’s fees, environmental consultant’s fees, reasonable travel related expenses and all reasonable costs and expenses incurred by Agent Lender in connection with the determination of whether or not Borrowers have Borrower has performed the obligations undertaken by Borrowers Borrower hereunder or have has satisfied any conditions precedent to the obligations of Lender hereunder. Borrower shall pay the airfare and other reasonable travel expenses for each officer or analyst of Lender hereunder andwho inspects the Project as part of Lender’s due diligence. The amount charged for airfare shall be the lesser of (i) the actual cost thereof incurred by Lender, if any default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes or any portion thereof is not paid in full when and as due, all costs and expenses of Lenders (including, without limitation, court costs and counsel’s fees and disbursementsii) incurred in attempting to enforce payment of the Loan and expenses of Agent and each Lender incurred (including court costs and counsel’s fees and disbursements) in attempting to realize, while a default or Event of Default exists, on any security or incurred in connection with the sale or disposition (or preparation for sale or disposition) of any security for the Loan$500.00 per person per visit. Each Borrower agrees to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify indemnify, defend, and hold Agent and the Lenders Lender harmless against all claims, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) arising incurred in relation to any such claim by broker, finder or similar personperson alleging to have dealt with Borrower in connection with this transaction.

Appears in 1 contract

Samples: Loan Agreement (Stratus Properties Inc)

Loan and Administration Expenses. Each Borrower unconditionally agrees shall reimburse the Agent, from time to pay all reasonable time upon five (5) days’ demand therefor, for reasonable, out-of-pocket expenses incurred by the Agent in connection with the administration of the LoanLoans (excluding the Agent’s general overhead expenses), including all amounts payable pursuant to Sections 7.2 and 7.3 hereof and any and all other fees owing to the Agent or any Lender pursuant to the Loan Documents, and also including, without limiting the generality of the foregoinglimitation, all recording, filing and registration fees and charges, mortgage or documentary taxes, all insurance premiums, title insurance premiums and other charges of each the Title Insurer, printing and photocopying expenses, survey fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicablePolicy, charges of a Title Insurer or other escrowee for administering disbursements, all fees and costs disbursements of Agent’s Environmental ReportConsultant, all fees and disbursements of servicer, appraisal fees, syndication fees, insurance consultant’s fees, environmental consultant’s fees, travel related expenses and all costs and expenses incurred by the Agent or Servicer in connection with the determination of whether or not Borrowers have Borrower has performed the obligations undertaken by Borrowers Borrower hereunder or have has satisfied any conditions precedent to the obligations of each Lender hereunder andthe Lenders hereunder. Further, if any default Default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes Loans or any portion thereof is are not paid in full when and as due, Borrower shall pay to the Agent and the Lenders upon five (5) days’ demand therefor, all costs and expenses of the Agent and the Lenders (including, without limitation, court costs and counsel’s reasonable attorneys’ fees and disbursementscourt costs) incurred in attempting to enforce payment of the Loan and expenses of Agent and each Lender incurred (including court costs and counselLoans or to realize upon the security therefor. Borrower agrees to pay the Agent’s fees and disbursements) in attempting to realize, while a default or Event of Default exists, on any security or disbursements incurred in connection with title updates and title endorsements ordered by the sale or disposition Agent (or preparation for sale or dispositiona) of any security for the Loan. Each Borrower agrees to pay all brokerage, finder or similar fees or commissions payable in connection with each disbursement of Facility A Loan proceeds, (b) to be ordered every six (6) months if construction ceases and (c) after completion of construction every six (6) months thereafter throughout the transactions contemplated hereby and shall indemnify and hold Agent and term of the Lenders harmless against all claimsLoans, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) arising in relation to any claim or more often if an Event of Default has occurred or if required by broker, finder or similar personexaminers.

Appears in 1 contract

Samples: Construction Loan Agreement (Maui Land & Pineapple Co Inc)

Loan and Administration Expenses. Each Borrower unconditionally agrees to pay all reasonable costs and expenses of incurred by Lender in connection with the LoanLoans, including all amounts payable pursuant to Sections 7.2 and 7.3 and any and all other fees owing to Agent or any Lender pursuant to the Loan DocumentsDocuments or any separate fee agreement, and also including, without limiting the generality of the foregoing, all recording, filing and registration fees and charges, mortgage or documentary taxes, all insurance premiums, title insurance premiums and other charges of each Title Insurer, printing and photocopying expenses, survey fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicable, charges of a Title Insurer or other escrowee for administering disbursements, all fees and costs of Agent’s Environmental Reportbonds, all appraisal fees, insurance consultant’s fees, environmental consultant’s fees, travel related expenses and all costs and expenses incurred by Agent Lender in connection with the determination of whether or not Borrowers have Borrower has performed the obligations undertaken by Borrowers Borrower hereunder or have has satisfied any conditions precedent to the obligations of each Lender hereunder and, if any default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan Loans or the Notes Note or any portion thereof is not paid in full when and as due, all costs and expenses of Lenders Lender (including, without limitation, court costs and counsel’s fees and disbursementsdisbursements and fees and costs of paralegals) incurred in attempting to enforce payment of the Loan Loans and expenses of Agent and each Lender incurred (including court costs and counsel’s fees and disbursementsdisbursements and fees and costs of paralegals) in attempting to realize, while a default or Event of Default exists, on any security or incurred in connection with the sale or disposition (or preparation for sale or disposition) of any security for the Loan. Each Whenever Borrower is obligated to pay or reimburse Lender for any attorneys’ or paralegals’ fees, those fees shall include the reasonable allocated costs for services of in‑house counsel. Borrower agrees to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify and hold Agent and the Lenders Lender harmless against all claims, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) arising incurred in relation to any claim by broker, finder or similar person.

Appears in 1 contract

Samples: Loan Agreement (Origin Bancorp, Inc. Attn: Chase Anderson)

Loan and Administration Expenses. Each Borrower unconditionally agrees to pay all reasonable expenses of the Loan, including all amounts payable pursuant to Sections 7.2 and 7.3 Section 5.1 and any and all other fees owing to Agent or any Lender pursuant to the Loan Documents, and also including, without limiting the generality of the foregoing, all reasonable attorneys’ fees and expenses, all recording, filing and registration fees and charges, mortgage or documentary taxes, all insurance premiums, title insurance premiums and other charges of each the Title Insurer, printing and photocopying expenses, survey fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicablePolicy, charges of a the Title Insurer or other escrowee for administering disbursements, all fees and costs disbursements of AgentLender’s Environmental ReportConsultant, all appraisal fees, insurance consultant’s fees, travel related expenses environmental consultant’s fees, and all costs and expenses incurred by Agent Lender in connection with the determination of whether or not Borrowers have Borrower has performed the obligations undertaken by Borrowers Borrower hereunder or have has satisfied any conditions precedent to the obligations of each Lender hereunder and, if hereunder. If any default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes Note or any portion thereof is not paid in full when and as due, Borrower shall pay all costs and expenses of Lenders Lender (including, without limitation, court costs and counsel’s fees and disbursementsdisbursements and fees and costs of paralegals) incurred in attempting to enforce payment of the Loan and expenses of Agent and each Lender incurred (including court costs and counsel’s fees and disbursementsdisbursements and fees and costs of paralegals) in attempting to realize, while a default or Event of Default exists, on any security or incurred in connection with the sale or disposition (or preparation for sale or disposition) of any security for the Loan. Each Borrower agrees to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify and hold Agent and the Lenders Lender harmless against all claims, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) arising incurred in relation to any claim by broker, finder or similar person.

Appears in 1 contract

Samples: Construction Loan Agreement (Wellsford Real Properties Inc)

Loan and Administration Expenses. Each Borrower unconditionally agrees to pay all reasonable expenses of the Loan, including all amounts payable pursuant to Sections 7.2 and 7.3 and any and all other fees ------------ --- owing to Agent or any Lender pursuant to the Loan Documents, and also including, without limiting the generality of the foregoing, all recording, filing and registration fees and charges, mortgage or documentary taxes, all insurance premiums, title insurance premiums and other charges of each the Title Insurer, printing and photocopying expenses, survey fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicablePolicy, charges of a the Title Insurer or other escrowee for administering disbursements, all fees and costs of Agent’s Environmental Report, all appraisal fees, insurance consultant’s 's fees, environmental consultant's fees and travel related expenses and all costs and expenses incurred by Agent in connection with the determination of whether or not Borrowers have performed the obligations undertaken by Borrowers hereunder or have satisfied any conditions precedent to the obligations of each Lender hereunder and, if any default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes Note or any portion thereof is not paid in full when and as due, all reasonable costs and expenses of Lenders Lender (including, without limitation, court costs and counsel’s 's fees and disbursementsdisbursements and fees and costs of paralegals) incurred in attempting to enforce payment of the Loan and expenses of Agent and each Lender incurred (including court costs and counsel’s 's fees and disbursementsdisbursements and reasonable fees and costs of paralegals) in attempting to realize, while a default or Event of Default exists, on any security or incurred in connection with the sale or disposition (or preparation for sale or disposition) of any security for the Loan. Each Borrower agrees to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify and hold Agent and the Lenders Lender harmless against all claims, liabilities, costs and expenses (including reasonable attorneys' fees and expenses) arising incurred in relation to any claim by broker, finder or similar person.

Appears in 1 contract

Samples: Loan Agreement (American Leisure Holdings, Inc.)

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Loan and Administration Expenses. Each Whether or not the Loan is made, Borrower unconditionally agrees to pay all reasonable costs and expenses of the Loan, including all amounts payable pursuant to Sections 7.2 2.7, 2.8 and 7.3 9.3 and any and all other fees owing to Agent or any Lender pursuant to the Loan Documents, and also includingincluding all documentation, without limiting modification, or workout costs relating to the generality of the foregoingLoan, all recording, filing and registration fees and charges, mortgage or documentary taxes, all insurance premiumsUCC searches, title insurance premiums and other charges of each Title Insurer, printing and photocopying expenses, survey fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicable, charges of a Title Insurer or other escrowee for administering disbursements, all fees and disbursements of Lender's consultants, any costs involved in the disbursement, syndication and administration of Agent’s Environmental Reportthe Loan, all appraisal feesany repair or maintenance costs or payments made to remove or protect against liens, insurance consultant’s fees, travel related expenses and all costs and expenses incurred by Agent Lender in connection with the determination of whether or not Borrowers have Borrower has performed the obligations undertaken by Borrowers Borrower hereunder or have has satisfied any conditions precedent to the obligations of each Lender hereunder and, if any default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes Note or any portion thereof is not paid in full when and as due, all costs and expenses of Lenders (including, without limitation, court costs and counsel’s fees and disbursements) Lender incurred in attempting to enforce or collect payment of the Loan or enforce any rights of Lender or Borrower's obligations hereunder and expenses of Agent and each Lender incurred (including court costs expenses relating to documentary and counsel’s fees and disbursementsexpert evidence, publication costs) in attempting to realize, while a default or Event of Default exists, on any security or incurred in connection with the sale or sale, disposition (or preparation for sale or disposition) or liquidation of any security for the LoanLoan (including any foreclosure sale of the issued and outstanding stock of Borrower, assignment in lieu transaction or costs incurred in connection with any litigation or bankruptcy or administrative hearing and any appeals therefrom and any post-judgment enforcement action including, without limitation, supplementary proceedings in connection with the enforcement of this Agreement). Each All such costs or expenses incurred or advances or payments made by Lender shall also include court costs, legal fees and disbursements relating thereto and shall be included as additional Indebtedness evidenced by the Note and secured by the Assignment and the other Loan Documents bearing interest at the Default Rate set forth in the Note until paid. Borrower agrees to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify indemnify, defend and hold Agent and the Lenders Lender harmless against all claims, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) Expenses arising in relation to any claim by broker, finder or similar person. Lender may require the payment of Lender's outstanding fees and expenses as a condition to any disbursement of the Loan. Lender is hereby authorized, without any specific request or direction by Borrower, to make disbursements from time to time in payment of or to reimburse Lender for all Loan expenses and fees.

Appears in 1 contract

Samples: Loan Agreement (Brookdale Senior Living Inc.)

Loan and Administration Expenses. Each Whether or not the Loan is made (unless the Loan is not made due to a default by the Lender), each Borrower unconditionally agrees to pay all reasonable expenses Expenses of the Loan, including all amounts payable pursuant to Sections 7.2 2.7, 2.8 and 7.3 9.2 and any and all other fees owing to Agent or any Lender pursuant to the Loan Documents, and also includingincluding all reasonable documentation, without limiting modification, or workout costs relating to the generality of the foregoingLoan, all recording, filing and registration fees and charges, mortgage or documentary taxes, all insurance premiumsUCC searches, title insurance premiums and other charges of each Title Insurersurvey charges, printing and photocopying expenses, survey all reasonable fees and chargesdisbursements of Lender's consultants, cost any costs involved in the disbursement, syndication and administration of certified copies of instrumentsthe Loan, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicable, charges of a Title Insurer any reasonable repair or other escrowee for administering disbursementsmaintenance costs or payments made to remove or protect against liens, all fees and costs of Agent’s Environmental Report, all appraisal fees, insurance consultant’s fees, travel related expenses and all reasonable costs and expenses incurred by Agent Lender in connection with the determination of whether or not Borrowers have performed the obligations undertaken by Borrowers hereunder or have has satisfied any conditions precedent to the obligations of each Lender hereunder and, if any default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes Note or any portion thereof is not paid in full when and as duedue (subject to any applicable notice, grace, or cure periods, if any), all reasonable costs and expenses of Lenders (including, without limitation, court costs and counsel’s fees and disbursements) Lender incurred in attempting to enforce or collect payment of the Loan or enforce any rights of Lender or any Borrower's obligations hereunder and reasonable expenses of Agent and each Lender incurred (including court costs reasonable expenses relating to documentary and counsel’s fees and disbursementsexpert evidence, publication costs) in attempting to realize, while a default or after an Event of Default existshas occurred, on any security or incurred in connection with the sale or sale, disposition (or preparation for sale or disposition) or liquidation of any security for the LoanLoan (including any foreclosure sale, deed in lieu transaction or reasonable costs incurred in connection with any litigation or bankruptcy or administrative hearing and any appeals therefrom and any post-judgment enforcement action including, without limitation, supplementary proceedings in connection with the enforcement of this Agreement). Each Borrower agrees All such Expenses incurred or advances or payments made by Lender shall also include court costs, reasonable legal fees and disbursements relating thereto and shall be included as additional Indebtedness evidenced by the Note and secured by the Mortgages and the other Loan Documents bearing interest at the Default Rate set forth in the Note until paid. Borrowers agree to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify indemnify, defend and hold Agent and the Lenders Lender harmless against all claims, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) Expenses arising in relation to any claim by broker, finder or similar person. Lender may require the payment of Lender's reasonable outstanding fees and expenses as a condition to any disbursement of the Loan. Lender is hereby authorized to make disbursements from time to time in payment of or to reimburse Lender for all reasonable Loan expenses and fees pursuant to this Section 9.1.

Appears in 1 contract

Samples: Loan Agreement (Medical Properties Trust Inc)

Loan and Administration Expenses. Each Borrower Borrowers unconditionally agrees agree to pay all reasonable expenses of the Loan, including all amounts payable pursuant to Sections 7.2 6.2 and 7.3 6.3 and any and all other reasonable fees owing to Agent or any Lender pursuant to the Loan Documents, and also including, without limiting the generality of the foregoing, all recording, filing and registration fees and charges, mortgage or documentary taxes, all insurance premiums, title insurance premiums and other charges of each the Title Insurer, reasonable printing and photocopying expenses, survey fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicablePolicy, charges of a the Title Insurer or other escrowee for administering disbursements, all reasonable fees and costs disbursements of AgentLender’s Environmental ReportConsultant, all appraisal fees, insurance consultant’s fees, travel related expenses and all reasonable costs and expenses incurred by Agent Lender in connection with the determination of whether or not Borrowers have performed the their obligations undertaken by Borrowers hereunder or have satisfied any conditions precedent to the obligations of each Lender hereunder and, if any default Default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes Note or any portion thereof is not paid in full when and as due, all reasonable costs and expenses of Lenders Lender (including, without limitation, court costs and counsel’s reasonable fees and disbursementsdisbursements and reasonable fees and costs of paralegals) incurred in attempting to enforce payment of the Loan and expenses of Agent and each Lender incurred (including court costs and reasonable counsel’s fees and disbursementsdisbursements and fees and costs of paralegals) in attempting to realize, while a default Default or Event of Default exists, on any security or incurred in connection with the sale or disposition (or preparation for sale or disposition) of any security for the Loan. Each Borrower agrees Borrowers agree to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify and hold Agent and the Lenders Lender harmless against all claims, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) arising incurred in relation to any claim by broker, finder or similar person.

Appears in 1 contract

Samples: Loan Agreement (Emeritus Corp\wa\)

Loan and Administration Expenses. Each Borrower Whether or not the Loan is made, Borrowers unconditionally agrees agree to pay all reasonable costs and expenses of the Loan, including all amounts payable pursuant to Sections 7.2 2.7, 2.8 and 7.3 9.2 and any and all other fees owing to Agent or any Lender pursuant to the Loan Documents, and also includingincluding all documentation, without limiting modification, or workout costs relating to the generality of the foregoingLoan, all costs and expenses relating to any release contemplated by Section 2.10, recording, filing and registration fees and charges, mortgage or documentary taxes, all insurance premiumsUCC searches, title insurance premiums and other charges of each Title Insurersurvey charges, printing and photocopying expenses, survey all reasonable fees and chargesdisbursements of Lender's consultants, cost any costs involved in the disbursement of certified copies of instrumentsthe Loan, cost of premiums on surety company bonds and the Title Policiesany reasonable repair or maintenance costs or payments made to remove or protect against liens, at the promulgated rates, if applicable, charges of a Title Insurer or other escrowee for administering disbursements, all fees and costs of Agent’s Environmental Report, all appraisal fees, insurance consultant’s fees, travel related expenses and all costs and expenses incurred by Agent Lender in connection with the determination of whether or not Borrowers have performed the obligations undertaken by Borrowers hereunder or have has satisfied any conditions precedent to the obligations of each Lender hereunder and, if any default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes Note or any portion thereof is not paid in full when and as due, all reasonable costs and expenses of Lenders (including, without limitation, court costs and counsel’s fees and disbursements) Lender incurred in attempting to enforce or collect payment of the Loan or enforce any rights of Lender or any Borrower's obligations hereunder and expenses of Agent and each Lender incurred (including court costs expenses relating to documentary and counsel’s fees and disbursementsexpert evidence, publication costs) in attempting to realize, while a default or Event of Default exists, on any security or incurred in connection with the sale or sale, disposition (or preparation for sale or disposition) or liquidation of any security for the LoanLoan (including any foreclosure sale, deed in lieu transaction or costs incurred in connection with any litigation or bankruptcy or administrative hearing and any appeals therefrom and any post-judgment enforcement action including, without limitation, supplementary proceedings in connection with the enforcement of this Agreement). Each Borrower agrees All such costs or expenses incurred or advances or payments made by Lender shall also include court costs, legal fees and disbursements relating thereto and shall be included as additional Indebtedness evidenced by the Note and secured by the Mortgage and the other Loan Documents bearing interest at the Default Rate set forth in the Note until paid. Borrowers agree to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify indemnify, defend and hold Agent and the Lenders Lender harmless against all claims, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) Expenses arising in relation to any claim by broker, finder or similar person. Lender may require the payment of Lender's outstanding fees and expenses as a condition to any disbursement of the Loan. Lender is hereby authorized, without any specific request or direction by Borrowers, to make disbursements from time to time in payment of or to reimburse Lender for all Loan expenses and fees.

Appears in 1 contract

Samples: Hotel Loan Agreement (Ashford Hospitality Trust Inc)

Loan and Administration Expenses. Each Borrower unconditionally agrees to pay all reasonable costs and expenses of incurred by Lender in connection with the Loan, including all amounts payable pursuant to Sections 7.2 and 7.3 and any and all other fees owing to Agent or any Lender pursuant to the Loan DocumentsDocuments or any separate fee agreement, and also including, without limiting the generality of the foregoing, all recording, filing and registration fees and charges, mortgage or documentary taxes, all insurance premiums, title insurance premiums and other charges of each Title Insurer, printing and photocopying expenses, survey fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicable, charges of a Title Insurer or other escrowee for administering disbursements, all fees and costs of Agent’s Environmental Reportbonds, all appraisal fees, insurance consultant’s fees, environmental consultant’s fees, travel related expenses and all costs and expenses incurred by Agent Lender in connection with the determination of whether or not Borrowers have Borrower has performed the obligations undertaken by Borrowers Borrower hereunder or have has satisfied any conditions precedent to the obligations of each Lender hereunder and, if any default Default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes Note or any portion thereof is not paid in full when and as due, all costs and expenses of Lenders Lender (including, without limitation, court costs and counsel’s fees and disbursementsdisbursements and fees and costs of paralegals) incurred in attempting to enforce payment of the Loan and expenses of Agent and each Lender incurred (including court costs and counsel’s fees and disbursementsdisbursements and fees and costs of paralegals) in attempting to realize, while a default Default or Event of Default exists, on any security Collateral or incurred in connection with the sale or disposition (or preparation for sale or disposition) of any security for the LoanCollateral. Each Whenever Borrower agrees is obligated to pay all brokerageor reimburse Lender for any attorneys’ or paralegals’ fees, finder or similar those fees or commissions payable in connection with the transactions contemplated hereby shall be reasonable and shall indemnify and hold Agent and include the Lenders harmless against all claims, liabilities, reasonable allocated costs and expenses (including reasonable attorneys’ fees and expenses) arising in relation to any claim by broker, finder or similar personfor services of in-house counsel.

Appears in 1 contract

Samples: Loan Agreement (YADKIN FINANCIAL Corp)

Loan and Administration Expenses. Each Borrower unconditionally agrees to pay all reasonable expenses of the Loan, including all amounts payable pursuant to Sections 7.2 and 7.3 and any and all other fees owing to Agent or any Lender pursuant to the Loan Documents, and also including, without limiting the generality of the foregoing, all recording, filing and registration fees and charges, mortgage mortgage, intangible or documentary taxes, escrow charges, title charges, all insurance premiums, title insurance premiums and other charges of each the Title Insurer, printing and photocopying expenses, survey fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicablePolicy, charges of a the Title Insurer or other escrowee for administering disbursements, all reasonable fees and costs disbursements of Agent’s Environmental ReportLender's Consultant, all appraisal fees, insurance consultant’s 's fees, investigator's fees, environmental consultant's fees, reasonable travel related expenses and all reasonable costs and expenses incurred by Agent Lender in connection with the determination of whether or not Borrowers have Borrower has performed the obligations undertaken by Borrowers Borrower hereunder or have has satisfied any conditions precedent to the obligations of Lender hereunder. Borrower shall pay the airfare and other reasonable travel expenses for each officer or analyst of Lender hereunder andwho inspects the Project as part of Lender's due diligence. The amount charged for airfare shall be the lesser of (i) the actual cost thereof incurred by Lender, if any default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes or any portion thereof is not paid in full when and as due, all costs and expenses of Lenders (including, without limitation, court costs and counsel’s fees and disbursementsii) incurred in attempting to enforce payment of the Loan and expenses of Agent and each Lender incurred (including court costs and counsel’s fees and disbursements) in attempting to realize, while a default or Event of Default exists, on any security or incurred in connection with the sale or disposition (or preparation for sale or disposition) of any security for the Loan$500.00 per person per visit. Each Borrower agrees to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify indemnify, defend, and hold Agent and the Lenders Lender harmless against all claims, liabilities, costs and expenses (including reasonable attorneys' fees and expenses) arising incurred in relation to any such claim by broker, finder or similar personperson alleging to have dealt with Borrower in connection with this transaction.

Appears in 1 contract

Samples: Construction Loan Agreement (Stratus Properties Inc)

Loan and Administration Expenses. Each Borrower unconditionally agrees to pay all reasonable expenses of the Loan, as set forth in this Agreement, including all amounts payable pursuant to Sections 7.2 and 7.3 and any and all other fees owing to Agent or any Lender pursuant to the Loan DocumentsDocuments or any separate fee agreement, and also including, without limiting the generality of the foregoing, to the extent required under this Agreement, all recording, filing and registration fees and charges, mortgage or documentary taxes, all insurance premiums, title insurance premiums and other charges of each the Title Insurer, printing and photocopying expenses, survey fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicablePolicy, charges of a the Title Insurer or other escrowee for administering disbursements, all fees and costs disbursements of AgentLender’s Environmental ReportConsultant, all appraisal fees, insurance consultant’s fees, environmental consultant’s fees, reasonable travel related expenses and all reasonable costs and expenses incurred by Agent Lender in connection with the determination of whether or not Borrowers have Borrower has performed the obligations undertaken by Borrowers Borrower hereunder or have has satisfied any conditions precedent to the obligations of each Lender hereunder and, if any default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes Note or any portion thereof is not paid in full when and as due, all costs and expenses of Lenders Lender (including, without limitation, court costs and counselreasonable and actual attorney’s fees and disbursements) at standard hourly rates without regard to any presumptive statutory attorney’s fees incurred in attempting to enforce payment of the Loan and expenses of Agent and each Lender incurred (including court costs and counsel’s fees and disbursementsdisbursements and fees and costs of paralegals) in attempting to realize, while a default or Event of Default exists, on any security or incurred in connection with the sale or disposition (or preparation for sale or disposition) of any security for the Loan. Each Borrower agrees to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify and hold Agent and the Lenders Lender harmless against all claims, liabilities, costs and expenses (including reasonable attorneys’ and actual attorney’s fees at standard hourly rates without regard to any presumptive statutory attorney’s fees and expenses) arising incurred in relation to any claim by broker, finder or similar person.

Appears in 1 contract

Samples: Construction Loan Agreement (Bluerock Residential Growth REIT, Inc.)

Loan and Administration Expenses. Each Borrower unconditionally agrees to pay all reasonable expenses of the Loan, including all amounts payable pursuant to Sections 7.2 and 7.3 Section 5.1 and any and all other fees owing to Agent or any Lender pursuant to the Loan Documents, and also including, without limiting the generality of the foregoing, all reasonable attorneys’ fees and expenses, all recording, filing and registration fees and charges, mortgage or documentary taxes, all insurance premiums, title insurance premiums and other charges of each the Title Insurer, printing and photocopying expenses, survey fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicablePolicy, charges of a the Title Insurer or other escrowee for administering disbursements, all fees and costs disbursements of AgentLender’s Environmental ReportConsultant, all appraisal fees, insurance consultant’s fees, travel related expenses environmental consultant’s fees, and all costs and other expenses incurred by Agent Lender in connection with the determination of whether or not Borrowers have Borrower has performed the obligations undertaken by Borrowers Borrower hereunder or have has satisfied any conditions precedent to the obligations of each Lender hereunder and, if hereunder. If any default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes Note or any portion thereof is not paid in full when and as due, Borrower shall pay all costs and expenses of Lenders Lender (including, without limitation, court costs and counsel’s fees and disbursementsdisbursements and fees and costs of paralegals) incurred in attempting to enforce payment of the Loan and expenses of Agent and each Lender incurred (including court costs and counsel’s fees and disbursementsdisbursements and fees and costs of paralegals) in attempting to realize, while a default or Event of Default exists, on any security or incurred in connection with the sale or disposition (or preparation for sale or disposition) of any security for the Loan. Each Borrower agrees to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify and hold Agent and the Lenders Lender harmless against all claims, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) arising incurred in relation to any claim by broker, finder or similar person.

Appears in 1 contract

Samples: Development Loan Agreement (Wellsford Real Properties Inc)

Loan and Administration Expenses. Each Borrower unconditionally agrees to pay all reasonable expenses of the Loan, including all amounts payable pursuant to Sections 7.2 7.2, 7.3 and 7.3 7.4 and any and all other fees owing to Agent or any Lender Lenders pursuant to the Loan DocumentsDocuments or any separate fee agreement, and also including, without limiting the generality of the foregoing, all recording, filing and registration fees and charges, mortgage mortgage, intangible or documentary taxes, all insurance premiums, title insurance premiums and other charges of each the Title Insurer, printing and photocopying expenses, survey fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicablePolicy, charges of a the Title Insurer or other escrowee for administering disbursements, all fees and costs disbursements of AgentLender’s Environmental ReportConsultant, all appraisal fees, insurance consultant’s fees, environmental consultant’s fees, travel related expenses and all costs and expenses incurred by Agent and Lenders in connection with the determination of whether or not Borrowers have Borrower has performed the obligations undertaken by Borrowers Borrower hereunder or have has satisfied any conditions precedent to the obligations of each Lender Lenders hereunder and, if any default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes or any portion thereof is not paid in full when and as due, all costs and expenses of Agent and Lenders (including, without limitation, court costs and counsel’s fees and disbursementsdisbursements and fees and costs of paralegals) incurred in attempting to enforce payment of the Loan and expenses of Agent and each Lender incurred (including court costs and counsel’s fees and disbursements) in attempting to realize, while a default or Event of Default exists, realize on any security or incurred in connection with the sale or disposition (or preparation for sale or disposition) of any security for the Loan. Each Borrower agrees to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify and hold Agent and the Lenders harmless against all claims, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) arising incurred in relation to any claim by broker, finder or similar person.

Appears in 1 contract

Samples: Construction Loan Agreement (Republic Property Trust)

Loan and Administration Expenses. Each Borrower unconditionally agrees to pay all reasonable costs and expenses of the Loan, including all amounts payable pursuant to Sections 7.2 and 7.3 and any and all other fees owing to Agent or any incurred by Lender pursuant to the Loan Documents, and also includingincluding (a) all documentation, without limiting modification, or workout costs relating to the generality of the foregoingLoan, (b) all recording, filing and registration fees and charges, mortgage or documentary taxes, all insurance premiumsUCC searches, title insurance premiums and other charges survey charges, and all fees and disbursements of each Title InsurerLender’s consultants, printing (c) any costs involved in the disbursement and photocopying expensesadministration of the Loan, survey (d) any repair or maintenance costs or payments made to remove or protect against liens, I all expenses of collection and settlement of Insurance Proceeds, including adjusters’ fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicable, charges of a Title Insurer or other escrowee for administering disbursements, all fees and costs of Agent’s Environmental Report, all appraisal fees, insurance consultant’s fees, travel related expenses and (f) all costs and expenses incurred by Agent Lender in connection with the determination of whether or not Borrowers have Borrower has performed the obligations undertaken by Borrowers Borrower hereunder or have has satisfied any conditions precedent to the obligations of each Lender hereunder andhereunder, (g) if any default Default or Event of Default occurs hereunder under this Agreement or under any of the Loan Documents or if the Loan or the Notes Note or any portion thereof is not paid in full when and as due, all costs costs, expenses and expenses advances of Lenders (including, without limitation, court costs and counsel’s fees and disbursements) Lender incurred in attempting to enforce or collect payment of the Loan or enforce any rights of Lender or Borrower’s obligations hereunder and expenses of Agent and each Lender incurred (including court costs expenses relating to documentary and counsel’s fees and disbursementsexpert evidence, publication costs) in attempting to realize, while a default Default or Event of Default existsexists under this Agreement or any of the other Loan Documents, on or protect, preserve or maintain any security or incurred in connection with the sale or sale, disposition (or preparation for sale or disposition) or liquidation of any security for the Loan (including any foreclosure sale, deed in lieu transaction or costs incurred in connection with any litigation or bankruptcy or administrative hearing and any appeals therefrom and any post-judgment enforcement action including, without limitation, supplementary proceedings in connection with the enforcement of this Agreement), and (h) all court costs, collection costs, legal fees and disbursements relating to any of the foregoing (collectively, “Expenses”). All Expenses incurred or advances or payments made by Lender shall be included as additional Indebtedness evidenced by the Note and secured by the Security Instrument and the other Loan Documents bearing interest at the Interest Rate (or Default Rate following an Event of Default) until paid. Lender may require the payment of Expenses as a condition to any disbursement of the Loan. Each Lender is hereby authorized, without any specific request or direction by Borrower, to make disbursements from time to time in payment of (or to reimburse Lender for) any Expenses, including disbursements from any Holdback regardless of the purpose of such Holdback. Borrower agrees to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify indemnify, defend and hold Agent and the Lenders Lender harmless against all claims, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) Expenses arising in relation to any claim by a broker, finder or similar person.

Appears in 1 contract

Samples: Loan Agreement (Trade Street Residential, Inc.)

Loan and Administration Expenses. Each Borrower unconditionally agrees to pay all reasonable costs and expenses of incurred by Lender in connection with the Loan, including all amounts payable pursuant to Sections 7.2 and 7.3 and any and all other fees owing to Agent or any Lender pursuant to the Loan DocumentsDocuments or any separate fee agreement, and also including, without limiting the generality of the foregoing, all recording, filing and registration fees and charges, mortgage or documentary taxes, all insurance premiums, title insurance premiums and other charges of each Title Insurer, printing and photocopying expenses, survey fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicable, charges of a Title Insurer or other escrowee for administering disbursements, all fees and costs of Agent’s Environmental Reportbonds, all appraisal fees, insurance consultant’s fees, travel related expenses and all costs and expenses incurred by Agent Lender in connection with the determination of whether or not Borrowers have Borrower has performed the obligations undertaken by Borrowers Borrower hereunder or have has satisfied any conditions precedent to the obligations of each Lender hereunder and, if any default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes Note or any portion thereof is not paid in full when and as due, all costs and expenses of Lenders Lender (including, without limitation, court costs and counsel’s fees and disbursementsdisbursements and fees and costs of paralegals) incurred in attempting to enforce payment of the Loan and expenses of Agent and each Lender incurred (including court costs and counsel’s fees and disbursementsdisbursements and fees and costs of paralegals) in attempting to realize, while a default or Event of Default exists, on any security or incurred in connection with the sale or disposition (or preparation for sale or disposition) of any security for the Loan. Each Whenever Borrower agrees is obligated to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify and hold Agent and the Lenders harmless against all claims, liabilities, costs and expenses (including reasonable reimburse Lender for any attorneys’ or paralegals’ fees, those fees and expenses) arising in relation to any claim by broker, finder or similar personshall include the reasonable allocated costs for services of in-house counsel.

Appears in 1 contract

Samples: Loan Agreement (Bank of Commerce Holdings)

Loan and Administration Expenses. Each Borrower unconditionally agrees to pay all reasonable expenses of the Loan, including all amounts payable pursuant to Sections 7.2 7.2, 7.3 and 7.3 7.4 and any and all other fees owing to Agent or any Lender pursuant to the Loan DocumentsDocuments or any separate fee agreement, and also including, without limiting the generality of the foregoing, all recording, filing and registration fees and charges, mortgage or documentary taxes, all insurance premiums, title insurance premiums and other charges of each the Title Insurer, printing and photocopying expenses, survey fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicablePolicy, charges of a the Title Insurer or other escrowee for administering disbursements, all fees and costs of Agent’s Environmental Report, all appraisal fees, insurance consultant’s fees, environmental consultant’s fees, travel related expenses and all costs and expenses incurred by Agent Lender in connection with the determination of whether or not Borrowers have Borrower has performed the obligations undertaken by Borrowers Borrower hereunder or have has satisfied any conditions precedent to the obligations of each Lender hereunder and, if any default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes Note or any portion thereof is not paid in full when and as due, all costs and expenses of Lenders Lender (including, without limitation, court costs and counsel’s fees and disbursementsdisbursements and fees and costs of paralegals) incurred in attempting to enforce payment of the Loan and expenses of Agent and each Lender incurred (including court costs and counsel’s fees and disbursementsdisbursements and fees and costs of paralegals) in attempting to realize, while a default or Event of Default exists, on any security or incurred in connection with the sale or disposition (or preparation for sale or disposition) of any security for the Loan. Each Borrower agrees to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify and hold Agent and the Lenders Lender harmless against all claims, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) arising incurred in relation to any claim by broker, finder or similar person. Lender shall have the right to obtain from time to time title updates of such Project twice a year or upon an Event of Default. Borrower shall cooperate with Lender in this regard and Borrower shall pay for the title updates.

Appears in 1 contract

Samples: Loan Agreement (New England Realty Associates Limited Partnership)

Loan and Administration Expenses. Each Borrower unconditionally agrees to pay all reasonable costs and expenses of the Loan, including all amounts payable pursuant to Sections 7.2 and 7.3 and any and all other fees owing to Agent or any incurred by Lender pursuant to the Loan Documents, and also includingincluding (a) all documentation, without limiting modification, or workout costs relating to the generality of the foregoingLoan, (b) all recording, filing and registration fees and charges, mortgage or documentary taxes, all insurance premiumsUCC searches, title insurance premiums and other charges survey charges, and all fees and disbursements of each Title InsurerLender's consultants, printing (c) any costs involved in the disbursement and photocopying expensesadministration of the Loan, survey (d) any repair or maintenance costs or payments made to remove or protect against liens, (e) all expenses of collection and settlement of Insurance Proceeds, including adjusters' fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicable, charges of a Title Insurer or other escrowee for administering disbursements, all fees and costs of Agent’s Environmental Report, all appraisal fees, insurance consultant’s fees, travel related expenses and (f) all costs and expenses incurred by Agent Lender in connection with the determination of whether or not Borrowers have Borrower has performed the obligations undertaken by Borrowers Borrower hereunder or have has satisfied any conditions precedent to the obligations of each Lender hereunder andhereunder, (g) if any default Default or Event of Default occurs hereunder under this Agreement or under any of the Loan Documents or if the Loan or the Notes Note or any portion thereof is not paid in full when and as due, all costs costs, expenses and expenses advances of Lenders (including, without limitation, court costs and counsel’s fees and disbursements) Lender incurred in attempting to enforce or collect payment of the Loan or enforce any rights of Lender or Borrower's obligations hereunder and expenses of Agent and each Lender incurred (including court costs expenses relating to documentary and counsel’s fees and disbursementsexpert evidence, publication costs) in attempting to realize, while a default Default or Event of Default existsexists under this Agreement or any of the other Loan Documents, on or protect, preserve or maintain any security or incurred in connection with the sale or sale, disposition (or preparation for sale or disposition) or liquidation of any security for the Loan (including any foreclosure sale, deed in lieu transaction or costs incurred in connection with any litigation or bankruptcy or administrative hearing and any appeals therefrom and any post-judgment enforcement action including, without limitation, supplementary proceedings in connection with the enforcement of this Agreement), and (h) all court costs, collection costs, legal fees and disbursements relating to any of the foregoing (collectively, "Expenses"). All Expenses incurred or advances or payments made by Lender shall be included as additional Indebtedness evidenced by the Note and secured by the Security Instrument and the other Loan Documents bearing interest at the Interest Rate (or Default Rate following an Event of Default) until paid. Lender may require the payment of Expenses as a condition to any disbursement of the Loan. Each Lender is hereby authorized, without any specific request or direction by Borrower, to make disbursements from time to time in payment of (or to reimburse Lender for) any Expenses. Borrower agrees to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify indemnify, defend and hold Agent and the Lenders Lender harmless against all claims, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) Expenses arising in relation to any claim by a broker, finder or similar person.

Appears in 1 contract

Samples: Loan Agreement (Trade Street Residential, Inc.)

Loan and Administration Expenses. Each Borrower unconditionally agrees shall reimburse Lender, from time to pay all reasonable time upon five (5) days’ demand therefor, for reasonable, out-of-pocket expenses incurred by Lender in connection with the administration of the LoanLoan (excluding Lender’s general overhead expenses), including all amounts payable pursuant to Sections 7.2 and 7.3 hereof and any and all other fees owing to Agent or any Lender pursuant to the Loan Documents, and also including, without limiting the generality of the foregoinglimitation, all recording, filing and registration fees and charges, mortgage or documentary taxes, all insurance premiums, title insurance premiums and other charges of each the Title Insurer, printing and photocopying expenses, survey fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicablePolicy, charges of a Title Insurer or other escrowee for administering disbursements, all fees and costs disbursements of AgentLender’s Environmental ReportConsultant, all fees and disbursements of servicer, appraisal fees, syndication fees, insurance consultant’s fees, environmental consultant’s fees, travel related expenses and all costs and expenses incurred by Agent Lender or Servicer in connection with the determination of whether or not Borrowers have Borrower has performed the obligations undertaken by Borrowers Borrower hereunder or have has satisfied any conditions precedent to the obligations of each Lender hereunder andhereunder. Further, if any default Default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes or any portion thereof is not paid in full when and as due, Borrower shall pay to Lender upon five (5) days’ demand therefor, all costs and expenses of Lenders Lender (including, without limitation, court costs and counsel’s reasonable attorneys’ fees and disbursementscourt costs) incurred in attempting to enforce payment of the Loan and expenses of Agent and each Lender incurred (including court costs and counselor to realize upon the security therefor. Borrower agrees to pay Lender’s fees and disbursements) in attempting to realize, while a default or Event of Default exists, on any security or disbursements incurred in connection with title updates and title endorsements ordered by the sale or disposition Lender (or preparation for sale or dispositiona) of any security for the Loan. Each Borrower agrees to pay all brokerage, finder or similar fees or commissions payable in connection with each disbursement of Loan proceeds, (b) to be ordered every six (6) months if construction ceases and (c) after completion of construction every six (6) months thereafter throughout the transactions contemplated hereby and shall indemnify and hold Agent and term of the Lenders harmless against all claimsLoan, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) arising in relation to any claim or more often if an Event of Default has occurred or if required by broker, finder or similar personexaminers.

Appears in 1 contract

Samples: Construction Loan Agreement (Maui Land & Pineapple Co Inc)

Loan and Administration Expenses. Each Borrower unconditionally agrees to pay all reasonable expenses of the Loan, including all amounts payable pursuant to Sections 7.2 and 7.3 and any and all other fees owing to Agent or any Lender pursuant to the Loan Documents, and also including, without limiting the generality of the foregoing, all recording, filing and registration fees and charges, mortgage Deed of Trust, intangible or documentary taxes, escrow charges, title charges, all insurance premiums, title insurance premiums and other charges of each the Title Insurer, printing and photocopying expenses, survey fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicablePolicy, charges of a the Title Insurer or other escrowee for administering disbursements, all reasonable fees and costs disbursements of AgentLender’s Environmental ReportConsultant, all appraisal fees, insurance consultant’s fees, investigator’s fees, environmental consultant’s fees, reasonable travel related expenses and all reasonable costs and expenses incurred by Agent Lender in connection with the determination of whether or not Borrowers have Borrower has performed the obligations undertaken by Borrowers Borrower hereunder or have has satisfied any conditions precedent to the obligations of Lender hereunder. Borrower shall pay the airfare and other reasonable travel expenses for each officer or analyst of Lender hereunder andwho inspects the Project as part of Lender’s due diligence. The amount charged for airfare shall be the lesser of (i) the actual cost thereof incurred by Lender, if any default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes or any portion thereof is not paid in full when and as due, all costs and expenses of Lenders (including, without limitation, court costs and counsel’s fees and disbursementsii) incurred in attempting to enforce payment of the Loan and expenses of Agent and each Lender incurred (including court costs and counsel’s fees and disbursements) in attempting to realize, while a default or Event of Default exists, on any security or incurred in connection with the sale or disposition (or preparation for sale or disposition) of any security for the Loan$1,200 per person per visit. Each Borrower agrees to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify indemnify, defend, and hold Agent and the Lenders Lender harmless against all claims, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) arising incurred in relation to any such claim by broker, finder or similar personperson alleging to have dealt with Borrower in connection with this transaction.

Appears in 1 contract

Samples: Construction Loan Agreement (Stratus Properties Inc)

Loan and Administration Expenses. Each Borrower unconditionally agrees to pay all reasonable costs and expenses of the Loan, including all amounts payable pursuant to Sections 7.2 2.7, 2.8, 2.9 and 7.3 9.2 and any and all other fees owing to Administrative Agent or any Lender the Lenders pursuant to the Loan Documents, and also includingincluding all documentation, without limiting modification, or workout costs relating to the generality of the foregoingLoan, all recording, filing and registration fees and charges, mortgage or documentary taxes, all insurance premiumsUCC searches, title insurance premiums and other charges of each Title Insurer, printing and photocopying expenses, survey fees and charges, cost of certified copies of instruments, cost of premiums on surety company bonds and the Title Policies, at the promulgated rates, if applicable, charges of a Title Insurer or other escrowee for administering disbursements, all fees and disbursements of the Lenders’ Consultants, any costs involved in the administration of Agent’s Environmental Reportthe Loan, all appraisal feesany repair or maintenance costs or payments made to remove or protect against liens, insurance consultant’s fees, travel related expenses and all costs and expenses incurred by Agent in connection with the determination of whether or not Borrowers have performed the obligations undertaken by Borrowers hereunder or have satisfied any conditions precedent to the obligations of each Lender hereunder and, if any default or Event of Default occurs hereunder or under any of the Loan Documents or if the Loan or the Notes or any portion thereof is not paid in full when and as due, all costs and expenses of Lenders (including, without limitation, court costs and counsel’s fees and disbursements) Administrative Agent incurred in attempting to enforce or collect payment of the Loan or enforce any rights of Administrative Agent or the Lenders or Borrower’s obligations hereunder and expenses of Administrative Agent and each Lender incurred (including court costs expenses relating to documentary and counsel’s fees and disbursementsexpert evidence, publication costs) in attempting to realize, while a default or Event of Default exists, on any security or incurred in connection with the sale or sale, disposition (or preparation for sale or disposition) or liquidation of any security for the LoanLoan (including any foreclosure sale, deed in lieu transaction or costs incurred in connection with any litigation or bankruptcy or administrative hearing and any appeals therefrom and any post-judgment enforcement action including, without limitation, supplementary proceedings in connection with the enforcement of this Agreement). Each All such costs or expenses incurred or advances or payments made by Administrative Agent shall also include court costs, legal fees and disbursements relating thereto and shall be included as additional Indebtedness evidenced by the Notes and secured by the Mortgage and the other Loan Documents bearing interest at the Default Rate until paid. Borrower agrees to pay all brokerage, finder or similar fees or commissions payable in connection with the transactions contemplated hereby and shall indemnify indemnify, defend and hold Agent and the Lenders Indemnified Parties harmless against all claims, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) Expenses arising in relation to any claim by broker, finder or similar person. Administrative Agent may require the payment of Administrative Agent’s or the Lenders’ outstanding fees and expenses as a condition to any disbursement of the Loan. The Lenders are hereby authorized, without any specific request or direction by Borrower, to make disbursements from time to time in payment of or to reimburse Administrative Agent or the Lenders for all Loan expenses and fees. Administrative Agent will promptly give Borrower notice of such disbursements.

Appears in 1 contract

Samples: Loan Agreement (Great Wolf Resorts, Inc.)

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