Common use of Fees and Expenses of Collateral Agent Clause in Contracts

Fees and Expenses of Collateral Agent. (a) In addition to the indemnification provisions contained in the various Shared Security Documents, the Company (by its execution and delivery hereof) hereby agrees that it shall pay to The Bank of New York, as the initial Collateral Agent, such fees as have been separately agreed to in writing with The Bank of New York for acting as Collateral Agent hereunder and under the Shared Security Documents. In the event a successor Collateral Agent is at any time appointed pursuant to Section 9 of this Agreement, the Company hereby agrees to pay such successor Collateral Agent such reasonable fees for acting as such as would customarily be charged by such Collateral Agent for acting in such capacity in similar situations. (b) In addition, the Company, by its execution and delivery hereof, agrees to pay all reasonable out-of-pocket costs and expenses of the Collateral Agent in connection with this Agreement and/or the Shared Security Documents and/or any actions taken by the Collateral Agent hereunder or thereunder, and agrees to pay all costs and expenses of the Collateral Agent in connection with the enforcement of, or its taking or refraining from taking any act with respect to, this Agreement or any of the Shared Security Documents and/or any of the documents and instruments referred to herein or therein (including, without limitation, reasonable fees and disbursements of counsel for the Collateral Agent).

Fees and Expenses of Collateral Agent. (a) In addition to the indemnification provisions contained in the various Shared Security Documents, the Company Borrower (by its execution and delivery hereof) hereby agrees that it shall pay to The Bank of New York, as the initial Collateral Agent, such fees as have been separately agreed to in writing with The Bank of New York for acting as Collateral Agent hereunder and under the Shared Security Documents. In the event a successor Collateral Agent is at any time appointed pursuant to Section 9 of this Agreement, the Company Borrower hereby agrees to pay such successor Collateral Agent such reasonable fees for acting as such as would customarily be charged by such Collateral Agent for acting in such capacity in similar situations. (b) In addition, the CompanyBorrower, by its execution and delivery hereof, agrees to pay all reasonable out-of-pocket costs and expenses of the Collateral Agent in connection with this Agreement and/or and the Shared Security Documents and/or and any actions taken by the Collateral Agent hereunder or thereunder, and agrees to pay all costs and expenses of the Collateral Agent in connection with the enforcement of, or its taking or refraining from taking any act with respect to, of this Agreement or any of the Shared Security Documents and/or any of and the documents and instruments referred to herein or therein (including, without limitation, reasonable fees and disbursements of counsel for the Collateral Agent).