Common use of Restructuring Advisor Clause in Contracts

Restructuring Advisor. (i) The Borrower acknowledges that ▇▇▇▇ ▇▇▇▇▇▇ Associates, Inc. (the “Restructuring Advisor”) shall be retained by counsel to the Collateral Agent to advise the Purchasers with respect to the matters contemplated by that certain letter agreement, dated as of June 11, 2009, among the Restructuring Advisor, the Borrower and the Collateral Agent (the “Engagement Letter”). (ii) All of the fees and expenses of the Restructuring Advisor required to be paid under the Engagement Letter shall be paid by the Borrower pursuant to the terms of the Engagement Letter. All other out-of-pocket fees, costs and expenses (including attorneys’ fees and expenses) incurred by the Collateral Agent or any Purchaser in connection with the enforcement of the Financing Documents or otherwise reimbursable pursuant to the Financing Documents (including, without limitation, in connection with the negotiation, preparation, execution, delivery, and monitoring of compliance with this Agreement) shall be promptly paid upon demand and in any event within five (5) Business Days. The foregoing shall be without prejudice to, and shall not otherwise impair in any manner, any liability that the Borrower or Credit Parties may have to the Collateral Agent or the Purchasers for such fees, costs, and expenses or otherwise.