Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, or defend any action or proceeding purporting to affect the Loan, the Premises, or the respective rights and obligations of Lender and Borrower pursuant to this Loan Agreement. Lender may (but shall not be obligated to) pay all necessary and reasonable expenses, including reasonable attorneys’ fees and expenses incurred in connection with such proceedings or actions, which Borrower agrees to repay to Lender upon demand.
Appears in 3 contracts
Samples: Loan Agreement (Lakes Entertainment Inc), Disbursement Agreement (Campus Crest Communities, Inc.), Secured Construction Loan Agreement (Campus Crest Communities, Inc.)
Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, or defend any action or proceeding purporting to affect the Loan, the Premises, Loan or the respective rights and obligations of Lender and Borrower pursuant to this Loan Agreement. Lender may (but shall not be obligated to) pay all necessary and reasonable expenses, including reasonable attorneys’ fees and expenses incurred in connection with such proceedings or actions, which Borrower agrees to repay to Lender upon on demand.
Appears in 3 contracts
Samples: Loan Agreement (Plains Capital Corp), Loan Agreement (Plains Capital Corp), Subordinate Credit Agreement (Plains Capital Corp)
Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, or defend any action or proceeding purporting to affect the Loan, the Premises, or the respective rights and obligations of Lender and Borrower pursuant to this Loan AgreementAgreement and the other Loan Documents. Lender may (but shall not be obligated to) pay all necessary and reasonable expenses, including reasonable attorneys’ ' fees and expenses incurred in connection with such proceedings or actions, which Borrower agrees to repay to Lender upon on demand.
Appears in 3 contracts
Samples: Loan Agreement (Red Trail Energy, LLC), Loan Agreement (Red Trail Energy, LLC), Loan Agreement (Red Trail Energy, LLC)
Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, or defend any action or proceeding purporting to affect the LoanCredit Facility, the PremisesProperty, or the respective rights and obligations of Lender and Borrower pursuant to this Loan Agreement. Lender may (but shall not be obligated to) pay all necessary and reasonable expenses, including reasonable attorneys’ fees and expenses incurred in connection with such proceedings or actions, which Borrower agrees to repay to Lender upon demandLender.
Appears in 2 contracts
Samples: Master Construction Loan Agreement, Master Construction Loan Agreement (Wilson Holdings, Inc.)
Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, in or defend any action or proceeding purporting to affect the Loan, the Premises, Collateral or the respective rights and obligations of Lender and Borrower or any Loan Party pursuant to this Loan Agreement. Lender may (but shall not be obligated to) pay all necessary and reasonable expenses, including reasonable attorneys’ attorneys fees and expenses incurred in connection with any such proceedings or actions, which Borrower agrees to repay to Lender upon demand.
Appears in 1 contract
Samples: Commercial Loan Agreement (Moody National REIT I, Inc.)
Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, or defend any action or proceeding purporting to affect the Loan, the PremisesProperty, or the respective rights and obligations of Lender and Borrower pursuant to this Loan Agreement. Lender may (but shall not be obligated to) pay all necessary and reasonable expenses, including reasonable attorneys’ ' fees and expenses incurred in connection with such proceedings or actions, which Borrower Xxxxxxxx agrees to repay to Lender upon demand.
Appears in 1 contract
Samples: Loan Agreement (Schlotzskys Inc)
Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, or defend any action or proceeding purporting to affect the Loan, the PremisesProperty, or the respective rights and obligations of Lender and Borrower pursuant to this Loan Agreement. Lender may (but shall not be obligated to) pay all necessary and reasonable expenses, including reasonable attorneys’ fees and expenses incurred in connection with such proceedings or actions, which Borrower agrees to repay to Lender upon demand.
Appears in 1 contract
Samples: Loan Agreement (Meritage Hospitality Group Inc /Mi/)
Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, or defend any action or proceeding purporting to affect the Loan, the PremisesCollateral, or the respective rights and obligations of Lender and Lender, Borrower pursuant to this the Loan AgreementDocuments. Lender may (but shall not be obligated to) pay all necessary and reasonable expenses, including reasonable attorneys’ ' fees and expenses expenses, incurred in connection with such proceedings or actions, for which Borrower agrees agree to repay to reimburse Lender upon demanddemand and which amount shall be a part of the Obligations.
Appears in 1 contract
Samples: Loan Agreement (Fm Properties Inc)
Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, or defend any action or proceeding purporting to affect the Loan, the PremisesProperty, or the respective rights and obligations of Lender and Borrower pursuant to this Loan Agreement. Lender may (but shall not be obligated to) pay all necessary and reasonable expenses, including reasonable attorneys’ ' fees and expenses incurred in connection with such proceedings or to actions, which Borrower agrees to repay to Lender upon demand.
Appears in 1 contract
Samples: Loan Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)
Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, or and defend any action or proceeding purporting to affect the Loan, the Premises, or the respective rights and obligations of Lender and Borrower pursuant to this Loan Agreement. Lender may (but shall not be obligated to) pay all necessary and reasonable expenses, including reasonable attorneys’ fees and expenses incurred in connection with such proceedings or actions, which Borrower agrees to repay to Lender upon demand.
Appears in 1 contract
Samples: Construction and Semi Permanent Loan Agreement (Advanced Environmental Recycling Technologies Inc)
Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, or defend any action or proceeding purporting to affect the Loan, the Premises, Mortgaged Properties or the respective rights and obligations of Lender and Borrower pursuant to this Loan Agreement. Lender may (but shall not be obligated to) pay all necessary and reasonable expenses, including reasonable attorneys’ ' fees and expenses incurred in connection with such proceedings or actions, which Borrower agrees to repay to Lender upon demandLender.
Appears in 1 contract
Samples: Loan Agreement (Lucas Energy, Inc.)
Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, or defend any action or proceeding purporting to affect the Loan, the PremisesProperty, or the respective rights and obligations of Lender and Borrower pursuant to this Loan loan Agreement. Lender may (but shall not be obligated to) pay all necessary and reasonable expenses, including reasonable attorneys’ ' fees and expenses incurred in connection with such proceedings or actions, which Borrower agrees to repay to Lender upon on demand.
Appears in 1 contract
Defense of Actions. After providing Borrower notice thereof, Lender may (but shall not be obligated to) commence, appear in, or defend any action or proceeding purporting to affect the Loan, the PremisesProperty, the Assets, or the respective rights and obligations of Lender and Borrower pursuant to this Loan Agreement. Lender may (but shall not be obligated to) pay all necessary and reasonable expenses, including reasonable attorneys’ fees and expenses incurred in connection with such proceedings or actions, which Borrower agrees to repay to Lender upon demand.
Appears in 1 contract
Samples: Loan Agreement (Lancer Corp /Tx/)
Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, or defend any action or proceeding purporting to affect the Loan, the PremisesProperty, the Partnership Interests or the Partnership Properties, or the respective rights and obligations of Lender and Borrower pursuant to this Loan Agreement. Lender may (but shall not be obligated to) pay all necessary and reasonable expenses, including reasonable attorneys’ ' fees and expenses incurred in connection with such proceedings or actions, which Borrower agrees to repay to Lender upon demand.
Appears in 1 contract
Defense of Actions. If Borrower fails timely to do so, Lender may (but shall not be obligated to) commence, appear in, or defend any action or proceeding purporting to affect the Loan, the Premises, Units or the respective rights and obligations of Lender and Borrower pursuant to this Loan Agreement. Lender may (but shall not be obligated to) pay all necessary and reasonable expenses, including reasonable attorneys’ ' fees and expenses incurred in connection with such proceedings or actions, which Borrower agrees to repay to Lender upon demand.
Appears in 1 contract
Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, or defend any action or proceeding purporting to affect the Loan, the PremisesProperty, or the respective rights and obligations of Lender and Borrower pursuant to this Loan Agreement. Lender may (but shall not be obligated to) pay all necessary and reasonable expenses, including reasonable attorneys’ ' fees and expenses incurred in connection with such proceedings or actions, which Borrower agrees to repay to Lender upon demand.
Appears in 1 contract
Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, in or defend any action or proceeding purporting to affect the Loan, the Premises, Property or the respective rights and obligations of Lender and or Borrower pursuant to this Loan Agreement. Lender may (but shall not be obligated to) pay all necessary and reasonable expenses, including reasonable attorneys’ attorneys fees and expenses incurred in connection with any such proceedings or actions, which Borrower agrees to repay to Lender upon demand.
Appears in 1 contract
Samples: Construction Loan Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)
Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, or defend any action or proceeding purporting to affect the Loan, the PremisesProperty, or the respective rights and obligations of Lender and Borrower pursuant to this Loan Agreement. Lender may (but shall not be obligated to) pay all necessary and reasonable expenses, including including, without limitation, reasonable attorneys’ ' fees and expenses incurred in connection with such proceedings or actions, which Borrower agrees to repay to Lender upon demand.
Appears in 1 contract
Samples: Loan Agreement (Verecloud, Inc.)
Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, or defend any action or proceeding purporting to affect the Loan, the PremisesProperty, or the respective rights and obligations of Lender and Borrower pursuant to this Loan Agreement. Lender may (but shall not be obligated to) pay all necessary and reasonable expenses, including reasonable attorneys’ ' fees and expenses incurred in connection with such proceedings or actions, which Borrower agrees to repay to Lender upon on demand.
Appears in 1 contract
Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, in or defend any action or proceeding purporting to affect the Loan, the Premises, Property or the respective rights and obligations of Lender and or Borrower pursuant to this Loan Agreement. Lender may (but shall not be obligated to) pay all necessary and reasonable expenses, including reasonable attorneys’ fees and expenses incurred in connection with any such proceedings or actions, which Borrower agrees to repay to Lender upon demand.
Appears in 1 contract
Samples: Construction Loan Agreement (Micropac Industries Inc)
Defense of Actions. Lender may (but shall not be obligated to) commence, appear in, or defend any action or proceeding purporting related to affect the Loanthis Agreement, the PremisesLine of Credit, the other Loan Documents, or the respective rights and obligations of Lender and Borrower pursuant to this Loan Agreement. Lender may (but shall not be obligated to) pay all necessary and reasonable expenses, including reasonable attorneys’ attorney’s fees and expenses incurred in connection with such proceedings or actions, which Borrower hereby agrees to repay to Lender upon demanddemand except for expenses resulting from the gross negligence or willful misconduct of Lender.
Appears in 1 contract
