Agent May Perform. If the Borrower fails to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable by the Borrower pursuant to Section 6.4.
Appears in 4 contracts
Samples: First Amendment Pledge Agreement (Calpine Corp), Pledge Agreement (Calpine Corp), Note Pledge Agreement (Calpine Corp)
Agent May Perform. If the Borrower fails to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable by Borrower, together with interest thereon at the Borrower pursuant to rate specified in Section 6.42.6 of the Loan Agreement, and until so paid shall be deemed part of the Obligations.
Appears in 3 contracts
Samples: Security Agreement (Medallion Financial Corp), Loan Agreement (Medallion Financial Corp), Security Agreement (Medallion Financial Corp)
Agent May Perform. If the Borrower fails to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent or the Lenders incurred in connection therewith shall be payable by the Borrower pursuant to under Section 6.414(b).
Appears in 2 contracts
Samples: Security Agreement (Sonic Automotive Inc), Security Agreement (Sonic Automotive Inc)
Agent May Perform. If the Borrower fails to perform any ----------------- agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable by the Borrower pursuant to under Section 6.414.
Appears in 2 contracts
Samples: Security Agreement (Ein Acquisition Corp), Security Agreement (Ironbridge Acquisition Corp)
Agent May Perform. If the Borrower fails to perform any agreement contained herein, the Agent may itself perform, or cause the performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable by the Borrower pursuant to Section 6.4Borrower.
Appears in 2 contracts
Samples: Security Agreement (Lyondell Chemical Co), Term Credit Agreement (Lyondell Chemical Co)
Agent May Perform. If the Borrower fails to perform any agreement contained herein, the Agent on behalf of the Banks may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable by the Borrower pursuant to under Section 6.414(b).
Appears in 2 contracts
Samples: Security Agreement (Smithfield Foods Inc), Security Agreement (Smithfield Foods Inc)
Agent May Perform. If the Borrower fails to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable by the Borrower pursuant to under Section 6.4.14.01 (2). 5 days after notice and failure
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Agent May Perform. If the Borrower fails to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable by the Borrower pursuant to under Section 6.412 hereof and constitute Secured Obligations secured hereby.
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Agent May Perform. If the Borrower fails Borrowers fail ----------------- to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses expenses, including attorneys' fees, of the Agent incurred in connection therewith with such performance or compliance, together with interest thereon at the Default Rate shall be payable by such Borrower to the Borrower pursuant to Section 6.4Agent on demand and shall constitute part of the Obligations secured hereby.
Appears in 1 contract
Samples: Security Agreement (International Murex Technologies Corp)
Agent May Perform. If the Borrower fails to perform any agreement contained herein, the Agent may itself or at the direction of a majority of the Secured Parties perform, or cause performance of, such agreement, and the reasonable expenses of the Agent or Secured Parties incurred in connection therewith shall be payable by the Borrower pursuant to under Section 6.414(b).
Appears in 1 contract
Samples: Security Agreement (Dragon International Group Corp.)
Agent May Perform. If the Borrower fails to perform any agreement contained herein, the Agent may itself perform, perform or cause the performance of, of such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable by the Borrower pursuant to Section 6.4under the Credit Agreement.
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Agent May Perform. If the Borrower fails to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent or the Lenders incurred in connection therewith shall be payable by the Borrower pursuant to under Section 6.414(B).
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Agent May Perform. If the Borrower fails to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable by the Borrower pursuant to under Section 6.414(b).
Appears in 1 contract
Samples: Credit Agreement (Boundless Corp)
Agent May Perform. If the Borrower Debtor fails to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable by the Borrower pursuant to Debtor under Section 6.45.4 herein.
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Agent May Perform. If the Borrower Debtor fails to perform any agreement contained herein, Agent may, after the Agent may occurrence of an Event of Default, itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable by the Borrower pursuant to Debtor as provided in Section 6.4.4.05. ------------
Appears in 1 contract
Agent May Perform. If the any Borrower fails to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable by the such Borrower pursuant to under Section 6.419.
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Agent May Perform. If the Borrower fails to perform any agreement or obligation contained herein, the Agent may itself perform, or cause performance of, such agreementagreement or obligation, and the reasonable expenses of the Agent incurred in connection therewith shall be payable by the Borrower pursuant to Section 6.45.2.
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