Common use of Agreement to Pay and Perform; Costs of Collection Clause in Contracts

Agreement to Pay and Perform; Costs of Collection. Guarantors do hereby agree that following and during the continuance of an Event of Default under the Loan Documents if the Note is not paid by Borrower in accordance with its terms, or if any and all sums which are now or may hereafter become due from Borrower to Lender under the Loan Documents are not paid by Borrower in accordance with their terms, or if any and all other obligations of Borrower to Lender under the Note or of Borrower or any Guarantor under the other Loan Documents are not performed by such Borrower or Guarantor, as applicable, in accordance with their terms, Guarantors will immediately upon demand make such payments and perform such obligations. Guarantors further agree to pay Lender on demand all reasonable costs and expenses (including court costs and reasonable attorneys’ fees and disbursements) paid or incurred by Lender in endeavoring to collect the Obligations guaranteed hereby, to enforce any of the Obligations of Borrower guaranteed hereby, or any portion thereof, or to enforce this Guaranty, and until paid to Lender, such sums shall bear interest at the Default Rate set forth in Section 4.11 of the Credit Agreement unless collection from Guarantors of interest at such rate would be contrary to applicable law, in which event such sums shall bear interest at the highest rate which may be collected from Guarantors under applicable law.

Agreement to Pay and Perform; Costs of Collection. Guarantors do hereby agree that following and during the continuance of an Event of Default under the Loan Documents if If the Note is not paid by Borrower in accordance with its terms, or if any and all sums which are now or may hereafter become due from Borrower to Lender under the Loan Documents are not paid by Borrower in accordance with their terms, or if any and all other obligations of Borrower to Lender under the Note or of Borrower or any Guarantor under and the other Loan Documents are not performed by such Borrower or Guarantor, as applicable, in accordance with their terms, Guarantors the Guarantor will immediately upon demand make such payments and perform such obligations. Guarantors The Guarantor further agree agrees to pay Lender on demand all reasonable costs and expenses (including court costs and reasonable attorneys’ ' fees and disbursements) paid or incurred by Lender in endeavoring to collect the Obligations indebtedness guaranteed hereby, to enforce any of the Obligations other obligations of Borrower guaranteed hereby, or any portion thereof, or to enforce this Guaranty, and until paid to Lender, such sums shall bear interest at the Default Rate default rate set forth in Section 4.11 of the Credit Agreement unless collection from Guarantors the Guarantor of interest at such rate would be contrary to applicable law, in which event such sums shall bear interest at the highest rate which may be collected from Guarantors the Guarantor under applicable law.

Agreement to Pay and Perform; Costs of Collection. Guarantors do Guarantor does hereby agree that following and during the continuance of an Event of Default under the Loan Documents if the Note is or the other Obligations are not paid by Borrower Borrowers in accordance with its their terms, or if any and all sums which are now or may hereafter become due from Borrower Borrowers to Lender under the Loan Documents or the other Obligations are not paid by Borrower Borrowers in accordance with their terms, or if any and all other obligations of Borrower Borrowers to Lender under the Note or of Borrower or any Guarantor Borrowers under the other Loan Documents or agreements relating to the Hedge Obligations are not performed by such Borrower or GuarantorBorrowers, as applicable, in accordance with their terms, Guarantors Guarantor will immediately upon demand make such payments and perform such obligations. Guarantors Guarantor further agree agrees to pay Lender on demand all reasonable costs and expenses (including court costs and reasonable attorneys’ fees and disbursements) paid or incurred by Lender in endeavoring to collect the Obligations guaranteed hereby, to enforce any of the Obligations of Borrower Borrowers guaranteed hereby, or any portion thereof, or to enforce this Guaranty, and until paid to Lender, such sums shall bear interest at the Default Rate rate for overdue amounts set forth in Section 4.11 of the Credit Loan Agreement unless collection from Guarantors Guarantor of interest at such rate would be contrary to applicable law, in which event such sums shall bear interest at the highest rate which may be collected from Guarantors Guarantor under applicable law.

Agreement to Pay and Perform; Costs of Collection. Guarantors do hereby agree that following and during the continuance of an Event of Default under the Loan Documents if the Note is not paid by Borrower in accordance with its terms, or if any and all sums which are now or may hereafter become due from Borrower to Lender under the Loan Documents are not paid by Borrower in accordance with their terms, or if any and all other obligations of Borrower to Lender under the Note or of Borrower or any Guarantor under and the other Loan Documents are not performed by such Borrower or Guarantor, as applicable, in accordance with their terms, Guarantors will immediately upon demand make such payments and perform such obligations. Guarantors further agree to pay Lender on demand all reasonable costs and expenses (including court costs and reasonable attorneys’ ' fees and disbursements) paid or incurred by Lender in endeavoring to collect the Obligations indebtedness guaranteed hereby, to enforce any of the Obligations other obligations of Borrower guaranteed hereby, or any portion thereof, or to enforce this Guaranty, and until paid to Lender, such sums shall bear interest at the Default Rate default rate set forth in Section 4.11 of the Credit Loan Agreement unless collection from Guarantors of interest at such rate would be contrary to applicable law, in which event such sums shall bear interest at the highest rate which may be collected from Guarantors under applicable law.

Agreement to Pay and Perform; Costs of Collection. Guarantors do hereby agree that following and during the continuance of an Event of Default under the Loan Documents if the Note is not paid by Borrower in accordance with its terms, or if any and all sums which are now or may hereafter become due from Borrower to Lender under the Loan Documents are not paid by Borrower in accordance with their terms, or if any and all other obligations of Borrower to Lender under the Note or of Borrower or any Guarantor under and the other Loan Documents are not performed by such Borrower or Guarantor, as applicable, in accordance with their terms, Guarantors will immediately upon demand make such payments and perform such obligations. Guarantors further agree to pay Lender on demand all reasonable costs and expenses (including court costs and reasonable attorneys’ ' fees and disbursements) paid or incurred by Lender in endeavoring to collect the Obligations indebtedness guaranteed hereby, to enforce any of the Obligations other obligations of Borrower guaranteed hereby, or any portion thereof, or to enforce this Guaranty, and until paid to Lender, such sums shall bear interest at the Default Rate default rate set forth in Section 4.11 of the Credit Agreement unless collection from Guarantors of interest at such rate would be contrary to applicable law, in which event such sums shall bear interest at the highest rate which may be collected from Guarantors under applicable law.

Agreement to Pay and Perform; Costs of Collection. Guarantors do hereby agree that following and during the continuance of an Event of Default under the Loan Documents if the Note is not paid by Borrower in accordance with its terms, or if any and all sums which are now or may hereafter become due from Borrower to Lender under the Loan Documents are not paid by Borrower in accordance with their terms, or if any and all other obligations of Borrower to Lender under the Note or of Borrower or any Guarantor under the other Loan Documents are not performed by such Borrower or Guarantor, as applicable, in accordance with their terms, Guarantors will immediately upon demand make such payments and perform such obligations. Guarantors further agree to pay Lender on demand all reasonable costs and expenses (including court costs and reasonable attorneys’ fees and disbursements) paid or incurred by Lender in endeavoring to collect the Obligations guaranteed hereby, to enforce any of the Obligations of Borrower guaranteed hereby, or any portion thereof, or to enforce this Guaranty, and until paid to Lender, such sums shall bear interest at the Default Rate set forth in Section 4.11 of the Credit Loan Agreement unless collection from Guarantors of interest at such rate would be contrary to applicable law, in which event such sums shall bear interest at the highest rate which may be collected from Guarantors under applicable law.

Agreement to Pay and Perform; Costs of Collection. Guarantors do hereby agree that that, following and during the continuance of an Event of Default under the Loan Documents if the Note is not paid by Borrower in accordance with its terms, or if any and all sums which are now or may hereafter become due from Borrower to Lender any Guaranteed Party under the Loan Documents are not paid by Borrower in accordance with their terms, or if any and all other obligations of Borrower to Agent and each Lender under the Note or of Borrower or any Guarantor under the other Loan Documents are not performed by such Borrower or such Guarantor, as applicable, in accordance with their terms, Guarantors will immediately upon demand make such payments and perform such obligations. Guarantors further agree to pay Lender Agent, for the benefit of itself and the other Lenders, on demand all reasonable out-of-pocket costs and expenses (including court costs and reasonable out-of-pocket attorneys’ fees and disbursements) disbursements paid or incurred by Lender Agent and the Lenders in endeavoring to collect the Guaranteed Obligations guaranteed herebyhereby subject to any applicable limitations on expenses set forth in Section 15 of the Credit Agreement, to enforce any of the Guaranteed Obligations of Borrower guaranteed hereby, or any portion thereof, or to enforce this Guaranty, and until if not paid to LenderAgent within thirty (30) days after demand, such sums shall bear interest at the Default Rate set forth in Section 4.11 of the Credit Agreement unless collection from Guarantors of interest at such rate would be contrary to applicable law, in which event such sums shall bear interest at the highest rate which may be collected from Guarantors under applicable law.

Agreement to Pay and Perform; Costs of Collection. Guarantors do Guarantor does hereby agree that following and during the continuance of an Event of Default under the Loan Documents if the any Note is not paid by Borrower in accordance with its terms, or if any and all sums which are now or may hereafter become due from Borrower to Lender Agent and/or the Lenders under the Loan Credit Documents are not paid by Borrower in accordance with their terms, or if any and all other obligations of Borrower to Lender under the Note or of Borrower or any Guarantor under the other Loan Documents Obligations are not performed by such Borrower or Guarantor, as applicable, in accordance with their terms, Guarantors Guarantor will immediately upon demand make such payments and perform such obligationsBorrower Obligations. Guarantors Guarantor further agree agrees to pay Lender Agent and/or the Lenders on demand all reasonable costs and expenses (including court costs and reasonable attorneys’ fees and disbursements) paid or incurred by Lender Agent and/or the Lenders in endeavoring to collect the Obligations guaranteed herebyBorrower Obligations, to enforce any of the Obligations of Borrower guaranteed herebyObligations, or any portion thereof, or to enforce this Guaranty, and until paid to LenderAgent and/or the Lenders, such sums shall bear interest at the Default Rate set forth in Section 4.11 of the Credit Agreement unless collection from Guarantors Guarantor of interest at such rate would be contrary to applicable law, in which event such sums shall bear interest at the highest rate which may be collected from Guarantors Guarantor under applicable law. Any payment or other performance of the Borrower Obligations by Guarantor under this Guaranty shall result in, (i) with respect to any payments made, a corresponding reduction in the amount of Borrower Obligations, and (ii) with respect to any performance other than payments made, Borrower being deemed to have fulfilled such performance.

Agreement to Pay and Perform; Costs of Collection. Guarantors do hereby agree that following and during the continuance of an Event of Default under the Loan Documents if the Note is not paid by Borrower in accordance with its terms, or if any and all sums which are now or may hereafter become due from Borrower to Lender under the Loan Documents are not paid by Borrower in accordance with their terms, or if any and all other obligations of Borrower to Lender under the Note or of Borrower or any Guarantor under the other Loan Documents are not performed by such Borrower or Guarantor, as applicable, in accordance with their termsDocuments, Guarantors will immediately upon demand make such all payments and perform such obligationsall obligations under the Credit Agreement, the Notes and the other Loan Documents which have not been paid when due (whether at maturity, acceleration or otherwise) or performed as required under the Loan Documents. Guarantors further agree to pay Lender on demand all reasonable costs and expenses (including court costs and reasonable attorneys’ fees and disbursements) paid or incurred by Lender in endeavoring to collect the Obligations guaranteed hereby, to enforce any of the Obligations of Borrower guaranteed hereby, or any portion thereof, or to enforce this Guaranty, and until paid to Lender, such sums shall bear interest at the Default Rate set forth in Section 4.11 of the Credit Agreement unless collection from Guarantors of interest at such rate would be contrary to applicable law, in which event such sums shall bear interest at the highest rate which may be collected from Guarantors under applicable law.

Agreement to Pay and Perform; Costs of Collection. Guarantors do (a) Guarantor does hereby agree that following and during the continuance of an Event of Default under the Loan Documents if the Note is not paid by Borrower in accordance with its terms, or if any and all sums which are now or may hereafter become due from Borrower to Lender under the Loan Documents are not paid by Borrower in accordance with their termsthe terms of the Loan Documents, or if any and all other obligations of Borrower to Lender under the Note or of Borrower or any Guarantor under and the other Loan Documents are not performed by such Borrower or Guarantor, as applicable, in accordance with their terms, Guarantors Guarantor will immediately upon demand from Agent make such payments and perform such obligations. Guarantors Guarantor further agree agrees to pay Lender on demand from Agent all reasonable costs and expenses (including court costs and reasonable attorneys’ ' fees and disbursements) paid or incurred by Lender in endeavoring to collect the Obligations indebtedness guaranteed hereby, to enforce any of the Obligations other obligations of Borrower guaranteed hereby, or any portion thereof, or to enforce this Guaranty, and until paid to Lender, such sums shall bear interest at the Default Rate default rate set forth in Section 4.11 of the Credit Agreement unless collection from Guarantors Guarantor of interest at such rate would be contrary to applicable law, in which event such sums shall bear interest at the highest rate which may be collected from Guarantors Guarantor under applicable law. This is a continuing guaranty of all amounts advanced to Borrower under the Notes and the Credit Agreement and all other Obligations, whether advanced or incurred on or subsequent to the date hereof.

Agreement to Pay and Perform; Costs of Collection. Guarantors do hereby agree that following and during the continuance of an Event of Default under the Loan Documents if the Note is Loans are not paid by Borrower in accordance with its termsthe terms of the Credit Agreement and the other Loan Documents, or if any and all sums which are now or may hereafter become due from Borrower to Agent or the Lender under the Loan Documents are not paid by Borrower in accordance with their terms, or if any and all other obligations of Borrower to Lender under the Note or of Borrower or any Guarantor under the other Loan Documents Obligations are not performed by such Borrower or Guarantor, as applicable, in accordance with their terms, Guarantors will immediately upon demand make such payments and perform such obligationsObligations. Guarantors further agree to pay Lender the Agent and the Lenders on demand all reasonable costs and expenses (including court costs and reasonable attorneys’ fees and disbursements) paid or incurred by Lender the Agent and the Lenders in endeavoring to collect the Obligations guaranteed herebyGuaranteed Obligations, to enforce any of the Obligations of Borrower guaranteed herebyGuaranteed Obligations, or any portion thereof, or to enforce this Guaranty, and until paid to LenderAgent and the Lenders, such sums shall bear interest at the Default Rate set forth in Section 4.11 4.12 of the Credit Agreement unless collection from Guarantors of interest at such rate would be contrary to applicable law, in which event such sums shall bear interest at the highest rate which may be collected from Guarantors under applicable law.

Agreement to Pay and Perform; Costs of Collection. Guarantors do Guarantor does hereby agree that following and during the continuance of an Event of Default under the Loan Documents if the Note is Notes are not paid by Borrower in accordance with its their terms, or if any and all sums which that are now or may hereafter become due from Borrower to Lender the Lenders under the Loan Documents are not paid by Borrower in accordance with their terms, or if any and all other obligations of Borrower to Lender under the Note or of Borrower or any Guarantor under the other Loan Documents Obligations are not performed by such Borrower or Guarantor, as applicable, in accordance with their terms, Guarantors Guarantor will immediately upon demand make such payments and perform such obligationsObligations. Guarantors Guarantor further agree agrees to pay Lender the Agent for the account of the Lenders on demand all reasonable costs and expenses (including court costs and reasonable attorneys’ ' fees and disbursements) paid or incurred by Lender the Agent and the Lenders in endeavoring to collect the Obligations guaranteed herebyObligations, to enforce any of the Obligations of Borrower guaranteed herebyObligations, or any portion thereof, or to enforce this Guaranty, and until paid to Lenderthe Lenders, such sums shall bear interest at the Default Rate set forth in Section 4.11 of the Credit Agreement unless collection from Guarantors Guarantor of interest at such rate would be contrary to applicable law, in which event such sums shall bear interest at the highest rate which that may be collected from Guarantors Guarantor under applicable law.

Agreement to Pay and Perform; Costs of Collection. Guarantors do hereby agree that following and during the continuance of an Event of Default under the Loan Documents Documents: (a) if the Note is not paid by Borrower in accordance with its terms, or (b) if any and all sums which are now or may hereafter become due from Borrower to Lender under the Loan Documents are not paid by Borrower in accordance with their terms, or (c) if any and all other obligations of Borrower to Lender under the Note or of Borrower or any Guarantor under the other Loan Documents are not performed by such Borrower or Guarantor, as applicable, in accordance with their terms, Guarantors will immediately upon written demand make such payments and perform such obligations. Guarantors further agree to pay Lender on written demand all reasonable costs and expenses (including court costs and reasonable attorneys’ fees and disbursements) ), paid or incurred by Lender in endeavoring to collect the Obligations guaranteed hereby, to enforce any of the Obligations of Borrower guaranteed hereby, or any portion thereof, or to enforce this Guaranty, and until paid to Lender, such sums shall bear interest at the Default Rate set forth in Section 4.11 of the Credit Agreement unless collection from Guarantors of interest at such rate would be contrary to applicable law, in which event such sums shall bear interest at the highest rate which may be collected from Guarantors under applicable law.

Agreement to Pay and Perform; Costs of Collection. Guarantors do Guarantor does hereby agree that following and during the continuance of an Event of Default under the Loan Documents if the any Note is not paid by Borrower in accordance with its terms, or if any and all sums which are now or may hereafter become due from Borrower to Lender Agent and/or the Lenders under the Loan Credit Documents are not paid by Borrower in accordance with their terms, or if any and all other obligations of Borrower to Lender under the Note or of Borrower or any Guarantor under the other Loan Documents Obligations are not performed by such Borrower or Guarantor, as applicable, in accordance with their terms, Guarantors Guarantor will immediately upon demand make such payments and perform such obligationsBorrower Obligations. Guarantors Gxxxxxxxx further agree agrees to pay Lender Agent and/or the Lenders on demand all reasonable costs and expenses (including court costs and reasonable attorneys’ fees and disbursements) paid or incurred by Lender Agent and/or the Lenders in endeavoring to collect the Obligations guaranteed herebyBorrower Obligations, to enforce any of the Obligations of Borrower guaranteed herebyObligations, or any portion thereof, or to enforce this Guaranty, and until paid to LenderAgent and/or the Lenders, such sums shall bear interest at the Default Rate set forth in Section 4.11 of the Credit Agreement unless collection from Guarantors Guarantor of interest at such rate would be contrary to applicable law, in which event such sums shall bear interest at the highest rate which may be collected from Guarantors Guarantor under applicable law. Any payment or other performance of the Borrower Obligations by Guarantor under this Guaranty shall result in, (i) with respect to any payments made, a corresponding reduction in the amount of Borrower Obligations, and (ii) with respect to any performance other than payments made, Borrower being deemed to have fulfilled such performance.

Agreement to Pay and Perform; Costs of Collection. Guarantors do hereby ------------------------------------------------- agree that following and during the continuance of an Event of Default under the Loan Documents if the Note is not paid by Borrower in accordance with its terms, or if any and all sums which are now or may hereafter become due from Borrower to Lender under the Loan Documents are not paid by Borrower in accordance with their terms, or if any and all other obligations of Borrower to Lender under the Note or of Borrower or any Guarantor under and the other Loan Documents are not performed by such Borrower or Guarantor, as applicable, in accordance with their terms, Guarantors will immediately upon demand make such payments and perform such obligations. Guarantors further agree to pay Lender on demand all reasonable costs and expenses (including court costs and reasonable attorneys’ ' fees and disbursements) paid or incurred by Lender in endeavoring to collect the Obligations indebtedness guaranteed hereby, to enforce any of the Obligations other obligations of Borrower guaranteed hereby, or any portion thereof, or to enforce this Guaranty, and until paid to Lender, such sums shall bear interest at the Default Rate default rate set forth in Section 4.11 of the Credit Loan Agreement unless collection from Guarantors of interest at such rate would be contrary to applicable law, in which event such sums shall bear interest at the highest rate which may be collected from Guarantors under applicable law.

Agreement to Pay and Perform; Costs of Collection. Guarantors do Guarantor does hereby agree that following and during the continuance of an Event of Default under the Loan Documents if the Note is not paid by Borrower in accordance with its terms, or if any and all sums which are now or may hereafter become due from Borrower to Lender under the Loan Documents are not paid by Borrower in accordance with their terms, or if any and all other obligations of Borrower to Lender under the Note or of Borrower or any Guarantor under the other Loan Documents are not performed by such Borrower or Guarantor, as applicable, in accordance with their terms, Guarantors Guarantor will immediately upon demand make such payments and perform such obligations. Guarantors Guarantor further agree agrees to pay Lender on demand all reasonable costs and expenses (including court costs and reasonable attorneys’ fees and disbursements) paid or incurred by Lender in endeavoring to collect the Obligations guaranteed hereby, to enforce any of the Obligations of Borrower guaranteed hereby, or any portion thereof, or to enforce this Guaranty, and until paid to Lender, such sums shall bear interest at the Default Rate set forth in Section 4.11 of the Credit Loan Agreement unless collection from Guarantors Guarantor of interest at such rate would be contrary to applicable law, in which event such sums shall bear interest at the highest rate which may be collected from Guarantors Guarantor under applicable law.

Agreement to Pay and Perform; Costs of Collection. Guarantors do hereby agree that following and during the continuance of an Event of Default under the Loan Documents if the Note is not paid by Borrower in accordance with its terms, or if any and all sums which are now or may hereafter become due from Borrower to Lender under the Loan Documents are not paid by Borrower in accordance with their terms, or if any and all other obligations of Borrower to Lender under the Note or of Borrower or any Guarantor under the other Loan Documents are not performed by such Borrower or Guarantor, as applicable, in accordance with their terms, Guarantors will immediately upon demand make such payments and perform such obligations. Guarantors further agree to pay Lender on demand all reasonable costs and expenses (including court costs and reasonable attorneys’ fees and disbursementsdisbursements (subject to the limitation on attorney’s fees set forth in Section 14.15(f) of the Credit Agreement)) paid or incurred by Lender in endeavoring to collect the Obligations guaranteed hereby, to enforce any of the Obligations of Borrower guaranteed hereby, or any portion thereof, or to enforce this Guaranty, and until paid to Lender, such sums shall bear interest at the Default Rate set forth in Section 4.11 2.3(d) of the Credit Agreement unless collection from Guarantors of interest at such rate would be contrary to applicable law, in which event such sums shall bear interest at the highest rate which may be collected from Guarantors under applicable law.

Agreement to Pay and Perform; Costs of Collection. Guarantors do hereby agree that following and during the continuance of an Event of Default under the Loan Documents if the Note is not paid by Borrower in accordance with its terms, or if any and all sums which are now or may hereafter become due from Borrower to Lender under the Loan Documents are not paid by Borrower in accordance with their terms, or if any and all other obligations of Borrower to Lender under the Note or of Borrower or any Guarantor under the other Loan Documents are not performed by such Borrower or Guarantor, as applicable, in accordance with their terms, Guarantors will immediately upon demand make such payments and perform such obligations. Guarantors further agree to pay Lender on demand all reasonable costs and expenses (including court costs and reasonable and documented (which documentation may exclude any confidential or privileged information as determined by Lender) attorneys’ fees and disbursements) paid or incurred by Lender in endeavoring to collect the Obligations guaranteed hereby, to enforce any of the Obligations of Borrower guaranteed hereby, or any portion thereof, or to enforce this Guaranty, and until paid to Lender, such sums shall bear interest at the Default Rate set forth in Section 4.11 of the Credit Agreement unless collection from Guarantors of interest at such rate would be contrary to applicable law, in which event such sums shall bear interest at the highest rate which may be collected from Guarantors under applicable law.

Agreement to Pay and Perform; Costs of Collection. Guarantors do hereby agree that following and during the continuance of an Event of Default under the Loan Documents if the Note is not paid by Borrower in accordance with its terms, or if any and all sums which are now or may hereafter become due from Borrower to Lender under the Loan Documents are not paid by Borrower in accordance with their terms, or if any and all other obligations of Borrower to Lender under the Note or of Borrower or any Guarantor under the other Loan Documents are not performed by such Borrower or Guarantor, as applicable, in accordance with their termsDocuments, Guarantors will immediately upon demand make such all payments and perform such obligationsall obligations under the Credit Agreement, the Notes and the other Loan Documents which have not been paid when due (whether at maturity, acceleration or otherwise) or performed as required under the Loan Documents. Guarantors further agree to pay Lender on demand all reasonable costs and expenses (including court costs and reasonable attorneys’ fees and disbursements) paid or incurred by Lender in endeavoring to collect the Obligations guaranteed hereby, to enforce any of the Obligations of Borrower guaranteed hereby, or any portion thereof, or to enforce this Guaranty, and until paid to Lender, such sums shall bear interest at the Default Rate set forth in Section 4.11 of the Credit Agreement unless collection from Guarantors of interest at such rate would be contrary to applicable law, in which event such sums shall bear interest at the highest rate which may be collected from Guarantors under applicable law.

Agreement to Pay and Perform; Costs of Collection. Guarantors do hereby agree that following and during the continuance of an Event of Default under the Loan Documents if the Note is Notes are not paid by Borrower Borrowers in accordance with its their terms, or if any and all sums which are now or may hereafter become due from Borrower Borrowers to Lender under the Loan Documents are not paid by Borrower Borrowers in accordance with their terms, or if any and all other obligations of any Borrower to Lender under the Note Notes or of any Borrower or any Guarantor under the other Loan Documents are not performed by such Borrower Borrowers or GuarantorGuarantors, as applicable, in accordance with their terms, Guarantors will immediately upon demand make such payments and perform such obligations. Guarantors further agree to pay Lender on demand all reasonable costs and expenses (including court costs and reasonable attorneys’ fees and disbursements) paid or incurred by Lender in endeavoring to collect the Obligations guaranteed herebyGuaranteed Obligations, to enforce any of the Obligations of Borrower guaranteed herebyGuaranteed Obligations, or any portion thereof, or to enforce this Unconditional Guaranty of Payment and Performance (this “Guaranty”), and until paid to Lender, such sums shall bear interest at the Default Rate set forth in Section 4.11 of the Credit Agreement unless collection from Guarantors of interest at such rate would be contrary to applicable law, in which event such sums shall bear interest at the highest rate which may be collected from Guarantors under applicable law.

Agreement to Pay and Perform; Costs of Collection. Guarantors do hereby agree that following and during the continuance of an Event of Default under the Loan Documents if the Note is not paid by Borrower in accordance with its terms, or if any and all sums which are now or may hereafter become due from Borrower to Lender under the Loan Documents are not paid by Borrower in accordance with their terms, or if any and all other obligations of Borrower to Lender under the Note or of Borrower or any Guarantor under the other Loan Documents are not performed by such Borrower or Guarantor, as applicable, in accordance with their terms, Guarantors will immediately upon demand make such payments and perform such obligations. Guarantors further agree to pay Lender on demand all reasonable costs and expenses (including court costs and reasonable attorneys’ fees and disbursements) paid or incurred by Lender in endeavoring to collect the Obligations guaranteed hereby, to enforce any of the Obligations of Borrower guaranteed hereby, or any portion thereof, or to enforce this Guaranty, and until paid to Lender, such sums shall bear interest at the Default Rate set forth in Section 4.11 of the Credit Agreement unless collection from Guarantors of interest at such rate would be contrary to applicable law, in which event such sums shall bear interest at the highest rate which may be collected from Guarantors under applicable law.

Agreement to Pay and Perform; Costs of Collection. Guarantors do hereby agree that following and during the continuance of an Event of Default under the Loan Documents if the Note is not paid by Borrower in accordance with its terms, or if any and all sums which are now or may hereafter become due from Borrower to Lender any Guaranteed Party under the Loan Documents are not paid by Borrower in accordance with their terms, or if any and all other obligations of Borrower to Agent and each Lender under the Note or of Borrower or any Guarantor under the other Loan Documents are not performed by such Borrower or Guarantor, as applicable, in accordance with their terms, Guarantors will immediately upon demand (a “Payment Demand”), make such payments and perform such obligations. Guarantors further agree to pay Lender Agent, on behalf of itself and the other Guaranteed Parties, on demand all reasonable costs and expenses (including court costs and reasonable attorneys’ fees and disbursements) paid or incurred by Lender Agent in endeavoring to collect the Obligations guaranteed hereby, to enforce any of the Obligations of Borrower guaranteed hereby, or any portion thereof, or to enforce this Guaranty, and until paid to LenderAgent, such sums shall bear interest at the Default Rate set forth in Section 4.11 of the Credit Agreement unless collection from Guarantors of interest at such rate would be contrary to applicable lawApplicable Law, in which event such sums shall bear interest at the highest rate which may be collected from Guarantors under applicable lawApplicable Law.

Agreement to Pay and Perform; Costs of Collection. Guarantors do Guarantor does hereby agree that following and during if any of the continuance of an Event of Default under the Loan Documents if the Note Notes is not paid by Borrower in accordance with its terms, or if any and all sums which are now or may hereafter become due from Borrower to Lender under the Loan Documents are not paid by Borrower in accordance with their terms, or if any and all other obligations of Borrower to Lender under the Note or of Borrower or any Guarantor under Notes and the other Loan Documents are not performed by such Borrower or Guarantor, as applicable, in accordance with their terms, Guarantors will immediately upon Guarantor will, on demand by the Administrative Agent, make such payments and perform such obligations. Guarantors Guarantor further agree agrees to pay Lender on demand all reasonable costs and expenses (including court costs and reasonable attorneys’ fees and disbursements) paid or incurred by Lender in endeavoring to collect the Obligations indebtedness guaranteed hereby, to enforce any of the Obligations other obligations of Borrower guaranteed hereby, or any portion thereof, or to enforce this Guaranty, and until paid to Lender, such sums shall bear interest at the Default Rate default rate of interest set forth in Section 4.11 4.1(d) of the Credit Agreement (or any successor provision thereto) unless collection from Guarantors Guarantor of interest at such rate would be contrary to applicable law, in which event such sums shall bear interest at the highest rate which may be collected from Guarantors Guarantor under applicable law.

Agreement to Pay and Perform; Costs of Collection. Guarantors do hereby agree that following and during the continuance of an Event of Default under the Loan Documents if the Note is not paid by Borrower in accordance with its terms, or if any and all sums which are now or may hereafter become due from Borrower to Lender under the Loan Documents are not paid by Borrower in accordance with their terms, or if any and all other obligations of Borrower to Lender under the Note or of Borrower or any Guarantor under the other Loan Documents are not performed by such Borrower or Guarantor, as applicable, in accordance with their terms, Guarantors will immediately upon demand make such payments and perform such obligations. Guarantors further agree to pay Lender on demand all reasonable costs and expenses (including court costs and reasonable attorneys’ fees and disbursements) paid or incurred by Lender in endeavoring to collect the Obligations guaranteed hereby, to enforce any of the Obligations of Borrower guaranteed hereby, or any portion thereof, or to enforce this Guaranty, and until paid to Lender, such sums shall if not paid within five (5) days after demand bear interest at the Default Rate set forth in Section 4.11 of the Credit Loan Agreement unless collection from Guarantors of interest at such rate would be contrary to applicable law, in which event such sums shall bear interest at the highest rate which may be collected from Guarantors under applicable law.

Agreement to Pay and Perform; Costs of Collection. Guarantors do hereby agree that following and during the continuance of an Event of Default under the Loan Documents if the Note is not paid by Borrower in accordance with its terms, or if any and all sums which are now or may hereafter become due from Borrower to Lender under the Loan Documents are not paid by Borrower in accordance with their terms, or if any and all other obligations of Borrower to Lender under the Note or of Borrower or any Guarantor under the other Loan Documents are not performed by such Borrower or Guarantor, as applicable, in accordance with their terms, Guarantors will immediately upon demand make such payments and perform such obligations. Guarantors further agree to pay Lender on demand all reasonable costs and expenses (including court costs and reasonable attorneys’ fees and disbursements) paid or incurred by Lender in endeavoring to collect the Obligations guaranteed hereby, to enforce any of the Obligations of Borrower guaranteed hereby, or any portion thereof, or to enforce this Guaranty, and until paid to Lender, such sums shall if not paid within five (5) days after demand bear interest at the Default Rate set forth in Section 4.11 of the Credit Agreement unless collection from Guarantors of interest at such rate would be contrary to applicable law, in which event such sums shall bear interest at the highest rate which may be collected from Guarantors under applicable law.

Agreement to Pay and Perform; Costs of Collection. Guarantors do hereby agree that following and during the continuance of an Event of Default under the Loan Documents if the Note is not paid by Borrower in accordance with its terms, or if any and all sums which are now or may hereafter become due from Borrower to Lender under the Loan Documents are not paid by Borrower in accordance with their terms, or if any and all other obligations of Borrower to Lender under the Note or of Borrower or any Guarantor under the other Loan Documents are not performed by such Borrower or Guarantor, as applicable, in accordance with their terms, Guarantors will immediately upon demand make such payments and perform such obligations. Guarantors further agree to pay Lender on demand all reasonable costs and expenses (including court costs and reasonable attorneys’ fees and disbursements) paid or incurred by Lender in endeavoring to collect the Obligations guaranteed hereby, to enforce any of the Obligations of Borrower guaranteed hereby, or any portion thereof, or to enforce this Guaranty, and until paid to Lender, such sums shall bear interest at the Default Rate set forth in Section 4.11 4.12 of the Credit Agreement unless collection from Guarantors of interest at such rate would be contrary to applicable law, in which event such sums shall bear interest at the highest rate which may be collected from Guarantors under applicable law.

Agreement to Pay and Perform; Costs of Collection. Guarantors do Each Guarantor does hereby agree that following and during the continuance of an Event of Default under the Loan Documents if the Note is not paid by Obligations or any other obligations of Borrower in accordance with its terms, or if any and all sums which are now or may hereafter become due from Borrower to Lender other Guarantor under the Loan Documents are not paid or performed by Borrower or the other Guarantors in accordance with their terms, or if any and all other obligations of Borrower to Lender under the Note or of Borrower or any Guarantor under the other Loan Documents are not performed by such Borrower or Guarantor, as applicable, in accordance with their terms, Guarantors will immediately upon promptly following written demand make such payments and perform such obligations. Guarantors further agree to pay Lender reimburse the Agent and the Lenders on demand any and all reasonable costs and out-of-pocket expenses (including court costs including, without limitation, all fees and reasonable attorneys’ fees expenses for attorneys for the Agent and disbursementsthe Lenders) paid or incurred by the Agent or any Lender in endeavoring connection with the collection and the endeavor to collect the Obligations guaranteed hereby, to enforce any of the Obligations of Borrower guaranteed hereby, or any portion thereof, or to enforce this Guaranty; provided, that any such legal fees and until paid expenses shall be limited to Lenderthe actual reasonable out-of-pocket fees, disbursements and other charges of one counsel to the Agent and the Lenders, taken as a whole (and (i) if necessary, one local counsel in any relevant material jurisdiction to such sums shall bear interest at Persons, taken as a whole and (ii) if reasonably determined by the Default Rate set forth in Section 4.11 of Agent to be needed due to differences between the Credit Agreement unless collection from Guarantors of interest at such rate would be contrary Agent and the Lenders, one additional outside law firm retained to applicable law, in which event such sums shall bear interest at act as special counsel to the highest rate which may be collected from Guarantors under applicable lawLenders).

Agreement to Pay and Perform; Costs of Collection. Guarantors do Guarantor does ------------------------------------------------- hereby agree that following and during the continuance of an Event of Default under the Loan Documents if the Note is not paid by Borrower in accordance with its terms, or if any and all sums which are now or may hereafter become due from Borrower to Lender under the Loan Documents are not paid by Borrower in accordance with their terms, or if any and all other obligations of Borrower to Lender under the Note or of Borrower or any Guarantor under and the other Loan Documents are not performed by such Borrower or Guarantor, as applicable, in accordance with their terms, Guarantors Guarantor will immediately upon demand make such payments and perform such obligations. Guarantors Guarantor further agree agrees to pay Lender on demand all reasonable costs and expenses (including court costs and reasonable attorneys’ ' fees and disbursements) paid or incurred by Lender in endeavoring to collect the Obligations indebtedness guaranteed hereby, to enforce any of the Obligations other obligations of Borrower guaranteed hereby, or any portion thereof, or to enforce this Guaranty, and until paid to Lender, such sums shall bear interest at the Default Rate default rate set forth in Section 4.11 of the Credit Agreement unless collection from Guarantors Guarantor of interest at such rate would be contrary to applicable law, in which event such sums shall bear interest at the highest rate which may be collected from Guarantors Guarantor under applicable law.

Agreement to Pay and Perform; Costs of Collection. Guarantors do hereby agree that following and during the continuance of an Event of Default under the Loan Documents if the Note is not paid by Borrower in accordance with its terms, or if any and all sums which are now or may hereafter become due (after giving effect to any applicable grace or cure periods) from Borrower to Lender under the Loan Documents are not paid by Borrower in accordance with their terms, or if any and all other obligations of Borrower to Lender under the Note or of Borrower or any Guarantor under the other Loan Documents are not performed by such Borrower or a Guarantor, as applicable, in accordance with their terms, Guarantors will immediately upon demand make such payments and perform such obligations. Guarantors further agree to pay Lender on demand all reasonable costs and expenses (including court costs and reasonable attorneys’ fees and disbursements) paid or incurred by Lender in endeavoring to collect the Obligations guaranteed hereby, to enforce any of the Obligations of Borrower guaranteed hereby, or any portion thereof, or to enforce this Guaranty, and until paid to Lender, such sums shall bear interest at the Default Rate set forth in Section 4.11 of the Credit Agreement unless collection from Guarantors of interest at such rate would be contrary to applicable law, in which event such sums shall bear interest at the highest rate which may be collected from Guarantors under applicable law.