Payments by Bank. In the event of Default (as hereinafter defined) in the timely payment or performance of any of the Obligations, Bank, at its option and without any duty on its part to determine the validity or necessity thereof, may pay the sums for which Grantor is obligated. Further, Bank may pay such sums as Bank deems appropriate for the protection and maintenance of the Property including, without limitation, sums to pay Impositions and other levies, assessments or liens, maintain insurance, make repairs, secure the Property, maintain utility service, intervene in any condemnation and pay attorneys’ fees and other fees and costs to enforce this Deed to Secure Debt or protect the lien hereof (including foreclosure) or collect the Obligations, without limitation, including those incurred in any proceeding including bankruptcy or arbitration. Any amounts so paid shall bear interest at the default rate stated in the Note and shall be secured by this Deed to Secure Debt.
Payments by Bank. (a) All costs, charges, and expenses incurred by the Bank under this Assignment, including –
Payments by Bank. The Bank shall, to the extent of any payments made by it pursuant to the Letter of Credit, be subrogated to all rights of the Issuer or its assigns (including, without limitation, the Trustee) as to all obligations of the Tenant with respect to which such payments shall be made by the Bank, but, so long as any of the Bonds remain Outstanding under the terms of the Indenture, such right of subrogation on the part of the Bank shall be in all respects subordinate to all rights and claims of the Issuer for all payments which are then due and payable under the Indenture or otherwise arising under this Lease, the Indenture or the Bonds. The Trustee will, upon request, execute and deliver any instrument reasonably requested by the Bank to evidence such subrogation and the Trustee shall assign to the Bank its rights in any obligations of the Tenant with respect to which payment of the entire principal balance and accrued interest thereon shall be made by the Bank.
Payments by Bank. (a) All costs, charges, and expenses incurred by the Bank under this Assignment and/or pursuant to the power of attorney referred herein, including:
Payments by Bank. All costs, charges and expenses incurred hereunder and/or pursuant to the Power of Attorney by the Bank including any expenditure incurred in the creation enforcement and/or preparation of this Assignment or in the giving of any notice or in the making of any demand for any monies secured by this Assignment and all other monies whatsoever paid by the Bank in respect of the said costs, charges expenses and expenditure or otherwise howsoever and all or any other sums and monies paid or expended by the Bank under or pursuant to the provisions of this Assignment shall be payable by the Customer and/or the Assignor to the Bank and shall be debited to the Customer’s account and shall be deemed to be secured hereunder in addition to the principal sum hereby advanced and shall form part of the payment due under this Assignment.
Payments by Bank. In the event of default in the timely payment or performance of any of the Obligations beyond any cure period, Bank, at its option, may pay the sums for which Mortgagor is obligated. Further, Bank may pay such sums as Bank deems appropriate for the protection and maintenance of the Property including, without limitation, sums to pay Impositions and other levies, assessments or liens, maintain insurance, make repairs, secure the Property, maintain utility service, intervene in any condemnation, make advances under a construction loan to enable completion of construction and pay reasonable attorneys' fees and other fees and costs to enforce this Mortgage or protect the lien hereof (including foreclosure) or collect the Obligations, without limitation, including those incurred in any proceeding including Bankruptcy or arbitration. Any amounts so paid shall bear interest at the default rate stated in the Note and shall be secured by this Mortgage.
Payments by Bank. Subject to Section 2.03, the Bank will promptly pay to the Participant, in accordance with Section 2.05(a), all amounts received and applied by the Bank in payment of principal of or interest on, and all other amounts in respect of, each MHL Asset.
Payments by Bank. In its sole discretion, Bank may upon notice to Borrower and Borrower's failure within ten (10) business days to pay any of the following (or such lesser period of time if imposition of a Lien, loss of insurance or tax lien is imminent): (i) discharge taxes that Borrower fails to pay (except taxes being contested in good faith and by appropriate
Payments by Bank. In the event of default in the timely payment or performance of any of the Obligations, Bank, at its option and without any duty on its part to determine the validity or necessity thereof, may pay the sums for which Mortgagor is obligated. Further, Bank may pay such sums as Bank deems appropriate for the protection and maintenance of the Property including, without limitation, sums to pay Impositions and other levies, assessments or liens, maintain insurance, make repairs, secure the Property, maintain utility service, intervene in any condemnation and pay attorneys’ fees and other fees and costs to enforce this Mortgage or protect the lien hereof (including foreclosure) or collect the Obligations, without limitation, including those incurred in any proceeding including Bankruptcy or arbitration. Any amounts so paid shall bear interest at the default rate stated in the Note and shall be secured by this Mortgage. Indemnification. Mortgagor shall protect, indemnify and save harmless Bank from and against all losses, liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (collectively, “Damages”) imposed upon, incurred by or asserted against Bank on account of (i) the Loan Documents or any failure or alleged failure of Mortgagor to comply with any of the terms or representations of this Agreement; (ii) any claim of loss or damage to the Property or any injury or claim of injury to, or death of, any person or property that may be occasioned by any cause whatsoever pertaining to the Property or the use, occupancy or operation thereof, (iii) any failure or alleged failure of Mortgagor to comply with any law, rule or regulation applicable to the Property or the use, occupancy or operation of the Property (including, without limitation, the failure to pay any taxes, fees or other charges), provided that such indemnity shall be effective only to the extent of any Damages that may be sustained by Bank in excess of any net proceeds received by it from any insurance of Mortgagor (other than self-insurance) with respect to such Damages, (iv) any Damages whatsoever by reason of any alleged action, obligation or undertaking of Bank relating in any way to or any matter contemplated by the Loan Documents, (v) any claim for brokerage fees or such other commissions relating to the Property or any other Obligations, or (vi) any and all liability arising from any leases...
Payments by Bank. If Borrower shall fail to make any payment or to perform any act required to be made or performed under any of the Loan Documents (other than payment of principal or interest on the Loan) or if Borrower shall fail to make any payment or to perform any act required to be made or performed under any other agreement entered into by Borrower and any other party or parties; the Bank, fifteen (15) days after prior written notice to the Borrower and without waiving or releasing any obligation, default or Event of Default, may (but shall be under no obligation to) at any time thereafter, make such payment or perform such act for the account and at the expense of Borrower. All sums paid by the Bank, and all costs and expenses (including, without limitation, reasonable attorney's fees and expenses) so incurred, together with interest thereon at the rate then applicable to the Line of Credit from the date of payment or incurring, to the date of reimbursement, shall be refunded by Borrower, on demand, and shall constitute additional indebtedness of Borrower to the Bank under this Agreement.
