Administrative Agent's Right to Perform for Borrower. If the Borrower fails to make any payment or to perform or comply with any of its agreements contained herein, then (but in each case, other than in the case of failure to maintain insurance as required hereunder, no earlier than five Business Days after notice to Borrower as to the occurrence of such failure, whether or not it shall yet constitute an Event of Default hereunder) the Administrative Agent may itself make such payment or perform or comply with such agreement but shall not be obligated hereunder to do so, and the amount of such payment and the amount of the reasonable expenses of the Administrative Agent incurred in connection with such payment or the performance of or compliance with such agreement, as the case may be, together with interest thereon at the Past Due Rate, shall be payable by Borrower upon demand.
Appears in 3 contracts
Samples: Mortgage and Security Agreement (Frontier Airlines Inc /Co/), Mortgage and Security Agreement (Frontier Airlines Inc /Co/), Mortgage and Security Agreement (Frontier Airlines Inc /Co/)
Administrative Agent's Right to Perform for Borrower. If the Borrower fails to make any payment or to perform or ---------------------------------------------------- comply with any of its agreements contained herein, then (but in each case, other than in the case of failure to maintain insurance as required hereunder, no earlier than five Business Days after notice to Borrower as to the occurrence of such failure, whether or not it shall yet constitute an Event of Default hereunder) the Administrative Agent may itself make such payment or perform or comply with such agreement but shall not be obligated hereunder to do so, and the amount of such payment and the amount of the reasonable expenses of the Collateral Agent and Administrative Agent incurred in connection with such payment or the performance of or compliance with such agreement, as the case may be, together with interest thereon at the Past Due Rate, shall be payable by Borrower upon demand.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Frontier Airlines Inc /Co/)