Borrower’s Remedies. Nothing contained in this Article shall be construed to release the Issuer from the performance of any of its agreements in this Agreement, and, if the Issuer should fail to perform any such agreement, the Borrower may institute such action against the Issuer as the Borrower may deem necessary to compel the performance, so long as such action shall not violate the Borrower’s agreements in Section 3.05
Appears in 3 contracts
Samples: Loan Agreement, Loan Agreement, Loan Agreement
Borrower’s Remedies. Nothing contained in this Article shall will be construed to release the Issuer from the performance of any of its agreements in this Loan Agreement, and, if . If the Issuer should fail fails to perform any such agreementagreements, the Borrower may institute such any action against the Issuer as the Borrower may deem necessary to compel the performance, such performance so long as such action shall not violate the Borrower’s agreements in Section 3.054.04 or diminish or delay the amounts required to be paid by the Borrower pursuant to Sections 4.02 and 4.
Appears in 1 contract
Samples: Loan Agreement
Borrower’s Remedies. Nothing contained in this Article shall be construed to release the Issuer from the performance of any of its agreements in this Agreementherein, and, and if the Issuer should fail to perform any such agreementagreements (subject to Section 10.11 hereof), the Borrower may institute such action against the Issuer as the Borrower may deem necessary to compel the performance, such performance so long as such action shall not violate the Borrower’s agreements in Section 3.054.3 hereof or diminish or delay the amounts required to be paid by the Borrower pursuant to Section 4.2
Appears in 1 contract
Samples: Subordinate Loan Agreement
Borrower’s Remedies. Nothing contained in this Article ARTICLE shall be construed to release the Issuer from the performance of any of its agreements in this Agreementherein, and, and if the Issuer should fail to perform any such agreementagreements, the Borrower may institute such action against the Issuer as the Borrower may deem necessary to compel the performance, performance so long as such action shall not violate the Borrower’s agreements in Section 3.054.04 or diminish or delay the amounts required to be paid by the Borrower pursuant to Section 4.02
Appears in 1 contract
