Foothill Expenses definition

Foothill Expenses means all: costs or expenses (including taxes, and insurance premiums) required to be paid by Borrower under any of the Loan Documents that are paid or incurred by Foothill; fees or charges paid or incurred by Foothill in connection with Foothill's transactions with Borrower, including, fees or charges for photocopying, notarization, couriers and messengers, telecommunication, public record searches (including tax lien, litigation, and UCC searches and including searches with the patent and trademark office, the copyright office, or the department of motor vehicles), filing, recording, publication, appraisal (including periodic Collateral appraisals), real estate surveys, real estate title policies and endorsements, and environmental audits; costs and expenses incurred by Foothill in the disbursement of funds to Borrower (by wire transfer or otherwise); charges paid or incurred by Foothill resulting from the dishonor of checks; costs and expenses paid or incurred by Foothill to correct any default or enforce any provision of the Loan Documents, or in gaining possession of, maintaining, handling, preserving, storing, shipping, selling, preparing for sale, or advertising to sell the Collateral, or any portion thereof, irrespective of whether a sale is consummated; costs and expenses paid or incurred by Foothill in examining Borrower's Books; costs and expenses of third party claims or any other suit paid or incurred by Foothill in enforcing or defending the Loan Documents or in connection with the transactions contemplated by the Loan Documents or Foothill's relationship with Borrower or any guarantor; and Foothill's reasonable attorneys fees and expenses incurred in advising, structuring, drafting, reviewing, administering, amending, terminating, enforcing (including attorneys fees and expenses incurred in connection with a "workout," a "restructuring," or an Insolvency Proceeding concerning Borrower or any guarantor of the Obligations), defending, or concerning the Loan Documents, irrespective of whether suit is brought.
Foothill Expenses means all: costs or expenses (including taxes, photocopying, notarization, telecommunication and insurance premiums) required to be paid by Borrower under any of the Loan Documents that are paid or advanced by Foothill; documentation, filing, recording, publication, appraisal (including periodic Collateral appraisals), real estate survey, environmental audit, and search fees assessed, paid, or incurred by Foothill in connection with Foothill's transactions with Borrower; costs and expenses incurred by Foothill in the disbursement of funds to Borrower (by wire transfer or otherwise); charges paid or incurred by Foothill resulting from the dishonor of checks; costs and expenses paid or incurred by Foothill to correct any default or enforce any provision of the Loan Documents, or in gaining possession of, maintaining, handling, preserving, storing, shipping, selling, preparing for sale, or advertising to sell the Collateral, or any portion thereof, irrespective of whether a sale is consummated; costs and expenses paid or incurred by Foothill in examining Borrower's Books; costs and expenses of third party claims or any other suit paid or incurred by Foothill in enforcing or defending the Loan Documents; and Foothill's reasonable attorneys fees and expenses incurred in advising, structuring, drafting, reviewing, administering, amending, terminating, enforcing, defending, or concerning the Loan Documents (including attorneys fees and expenses incurred in connection with a "workout," a "restructuring," or
Foothill Expenses means all: costs or expenses (including taxes, ----------------- and insurance premiums) required to be paid by Prandium or its Subsidiaries under any of the Loan Documents that are paid or incurred by Foothill as permitted hereunder or thereunder; reasonable out-of-pocket fees or charges paid or incurred by Foothill in connection with Foothill's transactions with Prandium or its Subsidiaries including, fees or charges for notarization, couriers and messengers, telecommunication, public record searches (including tax lien, litigation, and ucc searches and including searches with the patent and trademark office, the copyright office, or the department of motor vehicles), filing, recording, publication, (subject to Section 2.11(d)) appraisal --------------- (including periodic Collateral or Guarantor Collateral appraisals), real estate surveys, real estate title policies and endorsements, and, subject to Section ------- 2.11(d) environmental audits; actual out-of-pocket costs and expenses incurred ------- by Foothill in the disbursement of funds to Borrower (by wire transfer or otherwise); actual out-of-pocket charges paid or incurred by Foothill resulting from the dishonor of checks drawn on, or endorsed by or on behalf of Borrower; reasonable out-of-pocket costs and expenses paid or incurred by Foothill to correct any default or enforce any provision of the Loan Documents, or in gaining possession of, maintaining, handling, preserving, storing, shipping, selling, preparing for sale, or advertising to sell the Collateral or the Guarantor Collateral, or any portion thereof, irrespective of whether a sale is consummated; subject to Section 2.11(d), reasonable costs and expenses paid or --------------- incurred by Foothill in examining the Books of Prandium or its Subsidiaries; reasonable out-of-pocket costs and expenses paid or incurred by Foothill in connection with its prosecution of statutory third party claims or paid or incurred by Foothill in enforcing or defending the Loan Documents or in connection with the transactions contemplated by the Loan Documents or Foothill's relationship with Prandium or its Subsidiaries arising out of the Loan Documents; and Foothill's reasonable out-of-pocket attorneys fees and expenses incurred in advising, structuring, drafting, reviewing, administering, amending, terminating, enforcing (including reasonable out-of-pocket attorneys fees and expenses incurred in connection with a "workout," a "restructuring," or an Insolv...

Examples of Foothill Expenses in a sentence

  • Any such amounts paid by Foothill shall constitute Foothill Expenses.

  • Foothill shall maintain an account on its books in the name of Borrower (the "Loan Account") on which Borrower will be charged with all Advances made by Foothill to Borrower or for Borrower's account, including, accrued interest, Foothill Expenses, and any other payment Obligations of Borrower.

  • Foothill shall maintain an account on its books in the name of Borrower (the "Loan Account") on which Borrower will be charged with all Advances and the Term Loan made by Foothill to Borrower or for Borrower's account, including, accrued interest, Foothill Expenses, and any other payment Obligations of Borrower.

  • Any amounts paid or deposited by Foothill shall constitute Foothill Expenses, shall immediately become additional Secured Obligations, shall bear interest at the applicable rate described in the Loan Document, and shall be secured by the Collateral.

  • Borrower shall immediately and without demand reimburse Foothill for all sums expended by Foothill which constitute Foothill Expenses and Borrower hereby authorizes and approves all advances and payments by Foothill for items constituting Foothill Expenses.


More Definitions of Foothill Expenses

Foothill Expenses means all: costs or expenses (including taxes, and insurance premiums) required to be paid by Borrower under any of the Loan Documents that are paid or incurred by Foothill; fees or charges paid or incurred by Foothill in connection with Foothill's transactions with Borrower, including, fees or charges for photocopying, notarization, couriers and messengers, telecommunication, public record searches (including tax lien, litigation, and UCC searches and including searches with the patent and trademark office, the copyright office, or the department of motor vehicles), filing, recording, publication, appraisal (including periodic Personal Property Collateral or Real Property Collateral appraisals, if there should be any Real Property Collateral), real estate surveys, real estate title policies and endorsements, and environmental audits; costs and expenses incurred by Foothill in the disbursement of funds to Borrower (by wire transfer or otherwise); charges paid or incurred by Foothill resulting from the dishonor of checks; costs and expenses paid or incurred by Foothill to correct any default or enforce any provision of the Loan Documents, or in gaining possession of, maintaining, handling, preserving, storing, shipping, selling, preparing for sale, or advertising to sell the Personal Property Collateral or any Real Property Collateral, or any portion thereof, irrespective of whether a sale is consummated; costs and expenses paid or incurred by Foothill in examining Borrower's Books; costs and expenses of third party claims or any other suit paid or incurred by Foothill in enforcing or defending the Loan Documents or in connection with the transactions contemplated by the Loan Documents or Foothill's relationship with Borrower or any guarantor; and Foothill's reasonable attorneys fees and expenses incurred in advising, structuring, drafting, reviewing, administering, amending, terminating, enforcing (including attorneys fees and expenses incurred in connection with a "workout," a "restructuring," or an
Foothill Expenses means all: reasonable costs or expenses ----------------- (including taxes, and insurance premiums) required to be paid by any Obligor under any of the Loan Documents that are paid or incurred by Foothill; reasonable fees or charges paid or incurred by Foothill (and any of Foothill's Participants) in connection with Foothill's transactions with the Obligors, including, out-of-pocket fees or charges for photocopying, notarization, couriers and messengers, telecommunication, public record searches (including tax lien, litigation, and UCC searches and including searches with the patent and trademark office, the copyright office, or the department of motor vehicles), filing, recording, publication, appraisal (including periodic appraisals of Worldwide Collateral); costs and expenses incurred by Foothill in the disbursement of funds to Borrower (by wire transfer or otherwise); charges paid or incurred by Foothill resulting from the dishonor of checks; costs and expenses paid or incurred by Foothill (and any of Foothill's Participants) to correct any default or enforce any provision of the Loan Documents, or in gaining possession of, maintaining, handling, preserving, storing, shipping, selling, preparing for sale, or advertising to sell the Worldwide Collateral, or any portion thereof, irrespective of whether a sale is consummated; costs and expenses paid or incurred by Foothill (and any of Foothill's Participants) in examining any Books; reasonable costs and expenses of third party claims or any other suit paid or incurred by Foothill (and any of Foothill's Participants) in enforcing or defending the Loan Documents or in connection with the transactions contemplated by the Loan Documents or Foothill's relationship with Borrower or any guarantor; and Foothill's (and any of Foothill's Participants') reasonable attorneys fees and expenses incurred in advising, structuring, drafting, reviewing, administering, amending, terminating, enforcing (including attorneys fees and expenses incurred in connection with a "workout," a "restructuring," or an Insolvency Proceeding concerning Borrower or any guarantor of the Obligations), defending, or concerning the Loan Documents, irrespective of whether suit is brought.
Foothill Expenses means all: costs or expenses (including taxes, photocopying, notarization, telecommunication and insurance premiums) required to be paid by Borrower under any of the Loan Documents that are paid or advanced by Foothill; documentation, filing, recording, publication, appraisal (including periodic Collateral or Real
Foothill Expenses means all: costs or expenses (including taxes, photocopying, notarization, telecommunication and insurance premiums) required to be paid by Borrower under any of the Loan Documents that are paid or advanced by Foothill; documentation, filing, recording, publication, appraisal (including periodic Collateral appraisals in accordance with Section 2.7(c)), real estate survey, environmental audit, and search fees assessed, paid, or incurred by Foothill in connection with Foothill's transactions with Borrower; costs and expenses incurred by Foothill in the disbursement of funds to Borrower (by wire transfer or otherwise); charges paid or incurred by Foothill resulting from the dishonor of checks; costs and expenses paid or incurred by Foothill to correct any default or enforce any provision of the Loan Documents, or in gaining possession of, maintaining, handling, preserving, storing, shipping, selling, preparing for sale, or advertising to sell the Collateral or any portion thereof, irrespective of whether a sale is consummated; costs and expenses paid or incurred by Foothill in examining Borrower's Books; costs and expenses of third party claims or any other suit paid or incurred by Foothill in enforcing or defending the Loan Documents; and Foothill's reasonable attorneys fees and expenses incurred in advising, structuring, drafting, reviewing, administering, amending, terminating, enforcing (including attorneys fees and expenses incurred in connection with a "workout," a "restructuring," or an Insolvency Proceeding concerning Borrower defending, or concerning the Loan Documents, irrespective of whether suit is brought.
Foothill Expenses. MEANS ALL: COSTS OR EXPENSES (INCLUDING TAXES, PHOTOCOPYING, NOTARIZATION, TELECOMMUNICATION AND INSURANCE PREMIUMS) REQUIRED TO BE PAID BY BORROWER UNDER ANY OF THE LOAN DOCUMENTS THAT ARE PAID OR ADVANCED BY FOOTHILL; DOCUMENTATION, FILING, RECORDING, PUBLICATION, REAL ESTATE SURVEY, ENVIRONMENTAL AUDIT, LOCK-BOX, FEES INCURRED PURSUANT TO THE CUSTODIAL AGREEMENT, SEARCH FEES, AND APPRAISAL FEES RESPECTING THE REAL PROPERTY, (OR PROPERTY PROPOSED BY BORROWER TO BECOME REAL PROPERTY) AND THE PROPERTIES SUBJECT TO THE NOTE MORTGAGES, WHICH ARE ASSESSED, PAID, OR INCURRED BY FOOTHILL IN CONNECTION WITH FOOTHILL'S TRANSACTIONS WITH BORROWER; REASONABLE COSTS AND EXPENSES INCURRED BY FOOTHILL IN THE DISBURSEMENT OF FUNDS TO BORROWER (BY WIRE TRANSFER OR OTHERWISE); REASONABLE CHARGES PAID OR INCURRED BY FOOTHILL RESULTING FROM THE DISHONOR OF CHECKS; REASONABLE COSTS AND EXPENSES PAID OR INCURRED BY FOOTHILL TO CORRECT ANY DEFAULT OR ENFORCE ANY PROVISION OF THE LOAN DOCUMENTS, OR IN GAINING POSSESSION OF, MAINTAINING, HANDLING, PRESERVING, STORING, SHIPPING, SELLING, PREPARING FOR SALE, OR ADVERTISING TO SELL THE COLLATERAL, OR ANY PORTION THEREOF, IRRESPECTIVE OF WHETHER A SALE IS CONSUMMATED; COSTS AND EXPENSES PAID OR INCURRED BY FOOTHILL IN EXAMINING BORROWER'S BOOKS; REASONABLE COSTS AND EXPENSES OF THIRD PARTY CLAIMS OR ANY OTHER SUIT PAID OR INCURRED BY FOOTHILL IN ENFORCING OR DEFENDING THE LOAN DOCUMENTS; AND FOOTHILL'S REASONABLE ATTORNEYS FEES AND EXPENSES INCURRED IN ADVISING, STRUCTURING, DRAFTING, REVIEWING, ADMINISTERING, AMENDING, TERMINATING, ENFORCING, DEFENDING, OR CONCERNING THE LOAN DOCUMENTS, IRRESPECTIVE OF WHETHER SUIT IS BROUGHT, (INCLUDING ATTORNEYS FEES AND EXPENSES INCURRED IN CONNECTION WITH A "WORKOUT," A "RESTRUCTURING," OR AN INSOLVENCY PROCEEDING CONCERNING BORROWER OR ANY GUARANTOR OF THE OBLIGATIONS).
Foothill Expenses as set froth in Section 1.1 of the Loan Agreement is amended by adding the following clause at the conclusion thereof: “consultants’ or other professionals’ fees and expenses incurred in reviewing and advising Foothill on the business plan and operations of Borrower and Borrower’s Affiliates, which such sum are not expected to exceed sixty thousand dollars ($60,000) plus out of pocket expenses during the first sixty (60) days following the date hereof; provided, however, that if on the basis of the review performed during such sixty day period Foothill believes it prudent in the exercise of its Permitted Discretion for further review to occur, the Sixty Thousand Dollar ($60,000) figure and time periods for review may be exceeded.”
Foothill Expenses means all: costs or expenses (including taxes (other than taxes on Foothill's income and other corporate taxes payable by Foothill), photocopying, notarization, telecommunication and insurance premiums) required to be paid by Borrower under any of the Loan Documents that are paid or advanced by Foothill; documentation filing, recording, publication, appraisal (including periodic Collateral appraisals), real estate survey (if real estate is pledged to Foothill), environmental audit (if real estate is pledged to Foothill), and search fees assessed, paid, or incurred by Foothill in connection with Foothill's transactions with Borrower; costs and expenses incurred by Foothill in the disbursement of funds to Borrower (by wire transfer or otherwise); charges paid or incurred by Foothill resulting from the dishonor of checks; reasonable costs and expenses paid or incurred by Foothill to correct