Common use of Agreement to Pay and Perform Clause in Contracts

Agreement to Pay and Perform. Costs of Collection. Guarantor does hereby agree that 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 and the Loan Documents are not performed by Borrower in accordance with their terms, Guarantor will immediately make such payments and perform such obligations. Guarantor further 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 indebtedness guaranteed hereby, to enforce any of the 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 set forth in the Credit Agreement unless collection from 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 Guarantor under applicable law.

Agreement to Pay and Perform. Costs of Collection. Guarantor does hereby agree that if the Note is not paid by Borrower in accordance with its termsterms (including all applicable grace periods), 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 and the Loan Documents Obligations are not performed by Borrower in accordance with their termsterms (including all applicable grace periods), Guarantor will immediately make such payments and perform such obligationsObligations. Guarantor further 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 indebtedness guaranteed herebyObligations, to enforce any of the other obligations of Borrower guaranteed herebyObligations, 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 the Credit Agreement unless collection from 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 Guarantor under applicable law.

Agreement to Pay and Perform. Costs of Collection. Guarantor does hereby agree that 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 and the other Loan Documents are not performed by Borrower in accordance with their terms, Guarantor will immediately upon demand from Agent make such payments and perform such obligations. Guarantor further 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 indebtedness guaranteed hereby, to enforce any of the 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 set forth in the Credit Agreement unless collection from 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 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. Guarantor does hereby agree that if the Note is Notes are not paid by Borrower in accordance with its their terms, or if any and all sums which are now or may hereafter become due from Borrower to Lender Agent or Lenders under the Loan Documents are not paid by Borrower in accordance with their terms, or if any and all other obligations Obligations of Borrower to Lender Agent or Lenders under the Note Notes and the Loan Documents are not performed by Borrower in accordance with their terms, Guarantor will immediately make such payments and perform such obligationsObligations. Guarantor further agrees to pay Lender Agent 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 indebtedness guaranteed hereby, to enforce any of the other 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 applicable to overdue amounts set forth in ss.4.9 of the Credit Agreement unless collection from 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 Guarantor under applicable law.