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 if any Note is not paid by any Qualified Borrower in accordance with its terms, or if any and all sums which are now or may hereafter become due from any Qualified Borrower to Lender under the Loan Documents are not paid by such Qualified Borrower in accordance with their terms, or if any and all other Obligations are not performed by any Qualified Borrower in accordance with their terms, Guarantors will immediately make such payments and perform such Obligations. Guarantors further agree to pay Lender on demand all costs and expenses (including court costs and reasonable attorneys’ fees and disbursements) paid or incurred by Lender in endeavoring to collect the Obligations, to enforce any of the Obligations, or any portion thereof, or to enforce this Unconditional Guaranty of Payment and Performance (this “Guaranty”).

Appears in 2 contracts

Samples: Secured Term Loan Agreement (Developers Diversified Realty Corp), Secured Term Loan Agreement (Developers Diversified Realty Corp)

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Agreement to Pay and Perform; Costs of Collection. Guarantors do hereby agree that if any the Note is not paid by any Qualified Borrower in accordance with its terms, or if any and all sums which are now or may hereafter become due from any Qualified Borrower to Lender under the Loan Documents are not paid by such Qualified Borrower in accordance with their terms, or if any and all other Obligations are not performed by any Qualified Borrower in accordance with their terms, Guarantors will immediately make such payments and perform such Obligations. Guarantors further agree to pay Lender on demand all costs and expenses (including court costs and reasonable attorneys’ fees and disbursements) paid or incurred by Lender in endeavoring to collect the Obligations, to enforce any of the Obligations, or any portion thereof, or to enforce this Unconditional Limited Guaranty of Payment and Performance (this “Guaranty”).

Appears in 1 contract

Samples: Secured Term Loan Agreement (Developers Diversified Realty Corp)

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Agreement to Pay and Perform; Costs of Collection. Guarantors do hereby agree that if any the Note is not paid by any Qualified Borrower in accordance with its terms, or if any and all sums which are now or may hereafter become due from any Qualified Borrower to Lender under the Loan Documents are not paid by such Qualified Borrower in accordance with their terms, or if any and all other Obligations are not performed by any Qualified Borrower in accordance with their terms, Guarantors will immediately make such payments and perform such Obligations. Guarantors further agree to pay Lender on demand all costs and expenses (including court costs and reasonable attorneys’ fees and disbursements) paid or incurred by Lender in endeavoring to collect the Obligations, to enforce any of the Obligations, or any portion thereof, or to enforce this Unconditional Guaranty of Payment and Performance (this “Guaranty”).

Appears in 1 contract

Samples: Secured Term Loan Agreement (Developers Diversified Realty Corp)

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