Common use of Escrow Agent Compensation; Expense Reimbursement Clause in Contracts

Escrow Agent Compensation; Expense Reimbursement. The Borrower shall reimburse the Escrow Agent, upon request, for all expenses, disbursements and advances incurred or made by the Escrow Agent in implementing any of the provisions of this Agreement, including the reasonable compensation, expenses and disbursements of its counsel. The Escrow Agent shall be paid any such expenses owed to it directly by the Borrower and shall not disburse from the Escrow Account any such amounts, nor shall the Escrow Agent have any interest in the Escrow Account with respect to such amounts unless the Borrower shall be unable to pay or cause to be paid to the Escrow Agent such amounts due to a lack of assets (or access to assets), in which case the Escrow Agent shall be entitled to a lien on the Escrowed Property to secure such unpaid amounts. The provisions of this clause shall survive the termination of this Agreement and survive the resignation or removal of the Escrow Agent.

Appears in 2 contracts

Sources: Term Loan Credit Agreement (Dynegy Inc.), Escrow Agreement (Dynegy Inc.)

Escrow Agent Compensation; Expense Reimbursement. The Borrower Issuers shall reimburse the Escrow Agent, upon request, for all expenses, disbursements and advances incurred or made by the Escrow Agent in implementing any of the provisions of this Agreement, including the reasonable compensation, expenses and disbursements of its counsel. The Escrow Agent shall be paid any such expenses owed to it directly by the Borrower Issuers and shall not disburse from the Escrow Account Accounts any such amounts, nor shall the Escrow Agent have any interest in the Escrow Account Accounts with respect to such amounts unless the Borrower Issuers shall be unable to pay or cause to be paid to the Escrow Agent such amounts due to a lack of assets (or access to assets), in which case the Escrow Agent shall be entitled to a lien on the Escrowed Property to secure such unpaid amounts. The provisions of this clause shall survive the termination of this Agreement and survive the resignation or removal of the Escrow Agent.

Appears in 1 contract

Sources: Escrow Agreement (Dynegy Inc.)