Common use of Collateral Agent May Perform Clause in Contracts

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreement, the Collateral Agent may (but shall not be obligated to) after such prior notice as may be reasonable under the circumstances, itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection with doing so shall be payable by the Grantors.

Collateral Agent May Perform. If any the Grantor fails to perform any agreement contained in this Agreementherein, the Collateral Agent may (but shall not be obligated to) after such prior notice as may be reasonable under the circumstances, itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by the GrantorsGrantor pursuant to Section 6.2.

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreementherein, the Collateral Agent may (may, as the Collateral Agent deems necessary to protect the security interest granted hereunder in the Collateral or to protect the value thereof, but shall not be obligated to) after such prior notice as may be reasonable under the circumstanceswithout any obligation to do so and without notice, itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by the Grantorssuch Grantor under Section 22(b).

Collateral Agent May Perform. If any the Grantor fails to perform any agreement contained in this Agreementherein, upon the occurrence and during the continuance of an Event of Default, the Collateral Agent (on behalf of all Secured Parties) may (but shall not be obligated to) after such prior notice as may be reasonable under the circumstances, itself perform, or cause performance of, such agreement, and the reasonable expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by the GrantorsGrantor.

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreementherein, the Collateral Agent may (may, but shall not be obligated to) after such prior notice as may be reasonable under the circumstanceswithout any obligation to do so and without notice, itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by the Grantorssuch Grantor under Section 19.

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreementherein, upon the occurrence and during the continuance of an Event of Default, Collateral Agent may (but shall not be obligated to) after such prior notice as may be reasonable under the circumstances, itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by the GrantorsGrantors under Section 19(b).

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreementherein, the Collateral Agent may (may, but shall not be obligated to) after such prior notice as may be reasonable under the circumstanceswithout any obligation to do so and without notice, itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by the Grantorssuch Grantor under Section 18.

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreementherein, the Collateral Agent may (may, but shall not be obligated to) after such prior notice as may be reasonable under the circumstanceswithout any obligation to do so and without notice, itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by the Grantorssuch Grantor under Section 23.

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreementherein, the Collateral Agent may (but shall not be obligated to) may, after requesting in writing that the Grantor perform such prior notice as may be reasonable under the circumstancesagreement, and subject to any applicable cure period, itself perform, or cause performance of, such agreement, and the reasonable out-of-pocket expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by such Grantor pursuant to Section 10.04 of the GrantorsCredit Agreement.

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreementherein after the expiration or termination of any applicable cure or grace periods, the Collateral Agent may (may, after providing notice to such Grantor of its intent to do so, but shall not be obligated to) after such prior notice as may be reasonable under the circumstanceswithout any obligation to do so, itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by the Grantorssuch Grantor under Section 15.

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreementherein, the Collateral Agent may (may, but shall not be obligated to) after such prior notice as may be reasonable under the circumstances, itself perform, or cause performance of, such agreement, and the reasonable expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable payable, jointly and severally, by the Grantors.

Collateral Agent May Perform. If If, upon the occurrence and during the continuance of an Event of Default, any Grantor fails to perform any agreement contained in this Agreementherein, the Collateral Agent may (may, but shall not be obligated to) after such prior notice as may be reasonable under the circumstanceswithout any obligation to do so and without notice, itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by the Grantorssuch Grantor under Section 21.

Collateral Agent May Perform. If any Grantor of the Grantors fails to perform any agreement contained in this Agreementherein and an Event of Default has arisen as a result, the Collateral Agent may (but shall not be obligated to) after such prior notice as may be reasonable under the circumstances, itself perform, or cause performance of, such agreement, and the reasonable expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable payable, jointly and severally, by the Grantors.

Collateral Agent May Perform. If any the Grantor fails to perform any agreement obligation contained in this Agreement, the Collateral Agent may (but shall not be obligated to) after such prior notice as may be reasonable under the circumstances, itself perform, or cause performance of, such agreementobligation, and the expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by the GrantorsGrantor; provided that the Collateral Agent shall not be required to perform or discharge any obligation of the Grantor.

Collateral Agent May Perform. If any Grantor fails to materially perform any agreement contained in this Agreementherein, with regard to the Collateral, the Collateral Agent may (but shall not be obligated have no obligation to) after such prior notice as may be reasonable under the circumstances, itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by pursuant to the GrantorsCredit Agreement.

Collateral Agent May Perform. If Upon the occurrence and during the continuance of an Event of Default, if any Grantor fails to perform any agreement contained in this Agreementherein, the Collateral Agent may (may, but shall not be obligated to) after such prior notice as may be reasonable under the circumstances, itself perform, or cause performance of, such agreement, and the reasonable expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable payable, jointly and severally, by Grantors to the extent required to be reimbursed by the GrantorsCompany under Section 21(b) of this Agreement.

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreementherein, the Collateral Agent may (may, but shall not be obligated to) after such prior notice as may be reasonable under the circumstanceswithout any obligation to do so and without notice, itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by the Grantorssuch Grantor under Section 17.

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreementherein, the Collateral Agent may (may, but shall not be obligated to) after such prior notice as may be reasonable under the circumstances, itself perform, or cause performance of, such agreement, and the reasonable expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable payable, jointly and severally, by the Grantors.

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreementherein, after the occurrence of an Event of Default the Collateral Agent may (but shall not be obligated to) after such prior notice as may be reasonable under the circumstances, itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by the Grantorssuch Grantor pursuant to Section 6.2.

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreementherein, the Collateral Agent may (may, but shall not be obligated to) after such prior notice as may be reasonable under the circumstanceswithout any obligation to do so and without notice, itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by the Grantorssuch Grantor under Section 20.

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreementherein, the Collateral Agent may (may, as the Collateral Agent deems necessary to protect the security interest granted hereunder in the Collateral or to protect the value thereof, but shall not be obligated to) after such prior notice as may be reasonable under the circumstanceswithout any obligation to do so and without notice, itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by such Grantor under the GrantorsLoan Documents.

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreementherein, the Collateral Agent may (may, but shall not be obligated to) after such prior notice as may be reasonable under the circumstanceswithout any obligation to do so and without notice, itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by the Grantorssuch Grantor under Section 21.

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreementherein, the Collateral Agent may (may, as the Collateral Agent deems necessary to protect the security interest granted hereunder in the Additional Collateral or to protect the value thereof, but shall not be obligated to) after such prior notice as may be reasonable under the circumstanceswithout any obligation to do so and without notice, itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by the Grantorssuch Grantor under Section 17.

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreementherein, the Collateral Agent may (may, as the Collateral Agent deems necessary to protect the security interest granted hereunder in the Collateral or to protect the value thereof, but shall not be obligated to) after such prior notice as may be reasonable under the circumstanceswithout any obligation to do so and without notice, itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by the Grantorssuch Grantor under Section 13.

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreementherein, the Collateral Agent may (may, as the Collateral Agent deems necessary to protect the security interest granted hereunder in the Collateral or to protect the value thereof, but shall not be obligated to) after such prior notice as may be reasonable under the circumstanceswithout any obligation to do so and without notice, itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by the Grantorssuch Grantor under Section 18.

Collateral Agent May Perform. If any the Grantor fails to perform any agreement contained in this Agreementherein, then the Collateral Agent may (but shall not be obligated to) after such prior notice as may be reasonable under the circumstances, itself perform, or cause performance of, such agreement, and the reasonable expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by the GrantorsGrantor pursuant to Section 6.2, and the Collateral Agent may from time to time take any other action which the Collateral Agent reasonably deems necessary for the maintenance, preservation or protection of any of the Collateral or of its security interest therein.

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreementherein within a reasonable time after receipt of a written request to do so from the Collateral Agent, the Collateral Agent may (but shall not be obligated to) after such prior notice as may be reasonable under the circumstances, itself perform, or cause performance of, such agreement, and the reasonable expenses of the Collateral Agent Agent, including, without limitation, the reasonable fees and expenses of counsel, incurred in connection with doing so therewith, shall be payable by the Grantorssuch Grantor and shall be considered Second Priority Obligations.

Collateral Agent May Perform. If any Grantor fails to perform ---------------------------- any agreement contained in this Agreementherein, within the time provided or allowed, the Collateral Agent may (may, but shall not be obligated to) after such prior notice as may be reasonable under the circumstanceswithout any obligation to do so and without notice, itself perform, or cause performance of, such agreement, and the expenses expense of the Collateral Agent incurred in connection with doing so therewith shall be payable by the Grantorssuch Grantor under Section 21(b).

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreementherein after notice thereof from the Collateral Agent, the Collateral Agent may (may, but shall not be obligated to) after such prior notice as may be reasonable under the circumstanceswithout any obligation to do so and without notice, itself perform, or cause performance of, such agreement, and the reasonable out-of-pocket expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by the Grantorssuch Grantor under Section 22.

Collateral Agent May Perform. If any the Grantor fails to perform any agreement contained in this Agreementherein, the Collateral Agent may (may, but shall not be obligated required to) after such prior notice as may be reasonable under the circumstances, itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by the GrantorsGrantor, together with interest thereon at the Default Rate, to the Collateral Agent on demand and shall constitute obligations secured hereby.

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreementherein, the Collateral Agent may (but shall not be obligated to) after such prior notice as may be reasonable under the circumstances, itself perform, or cause performance of, such agreement, and the reasonable out-of-pocket expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable payable, jointly and severally, by Grantors in accordance with the Grantorsterms of the Indenture.

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreementherein, the Collateral Agent may (may, but shall not be obligated to) after such prior notice as may be reasonable under the circumstanceswithout any obligation to do so and without further notice, itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by the Grantorssuch Grantor under Section 11(b).

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreementherein, the Collateral Agent may (may, but shall not be obligated to) after such prior notice as may be reasonable under the circumstanceswithout any obligation to do so and without notice, itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by such Grantor under Section 15; provided that the GrantorsCollateral Agent shall notify the affected Grantor of any such action taken by the Collateral Agent within a reasonable period of time following such action.

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreement, herein the Collateral Agent may (but shall not be obligated to) after such prior notice as may be reasonable under the circumstances, itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by such Grantor pursuant to Section 9.1 of the GrantorsCredit Agreement and the Collateral Agent may from time to time take any other action which the Collateral Agent reasonably deems necessary for the maintenance, preservation or protection of any of the Collateral or of its security interest therein.

Collateral Agent May Perform. If any Grantor fails to materially perform any agreement contained in this Agreementherein, with regard to the Collateral, the Collateral Agent may (but shall not be obligated have no obligation to) after such prior notice as may be reasonable under the circumstances, itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by pursuant to the GrantorsIndenture.

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreementherein, the Collateral Agent may (may, but shall not be obligated to) after such prior notice as may be reasonable under the circumstances, itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by such Grantor under Section 21; PROVIDED that, unless the GrantorsCollateral Agent determines that the circumstances do not so permit, the Collateral Agent shall notify such Grantor of any such action ten Business Days' prior to taking, or causing to be taken, such action.

Collateral Agent May Perform. If Upon the occurrence and during the continuance of a Default or an Event of Default, if any Grantor fails to perform any agreement contained in this Agreementherein, the Collateral Agent may (but shall not be obligated to) after such prior notice as may be reasonable under the circumstances, itself perform, or cause performance of, such agreement, and the reasonable expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable payable, jointly and severally, by the Grantors.

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreementherein, the Collateral Agent Agent, upon written notice, if practicable, to such Grantor or the Company, may (but shall not be obligated to) after such prior notice as may be reasonable under the circumstances, itself perform, or cause performance of, such agreement, and the reasonable expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by such Grantor and the GrantorsCompany under Section 17(b) hereof.

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreementherein, the Collateral Agent may (may, but shall not be obligated to) after such prior notice as may be reasonable under the circumstances, itself perform, or cause performance of, such agreementagreement after reasonable prior notice to the Grantors, and the reasonable expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable payable, jointly and severally, by the Grantors.

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreementherein after receipt of written notice thereof from the Collateral Agent, the Collateral Agent may (may, but shall not be obligated to) after such prior notice as may be reasonable under the circumstanceswithout any obligation to do so, itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by the Grantorssuch Grantor under Section 17 hereof.

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreementherein, during the continuance of the resulting Event of Default, if any, the Collateral Agent may (but shall not be obligated to) after such prior notice as may be reasonable under the circumstances, itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by the Grantorssuch Grantor pursuant to Section 6.3.

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreementherein, the Collateral Agent may (may, but shall not be obligated to) after such prior notice as may be reasonable under the circumstanceswithout any obligation to do so, itself perform, or cause performance of, such agreement (provided that the Collateral Agent shall not perform such agreement prior to the occurrence of an ongoing Event of Default without first providing the Grantor written notice of such failure and (as determined by the Collateral Agent in its sole discretion) a reasonable opportunity to perform such agreement), and the expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by the Grantorssuch Grantor under Section 23.

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreementherein, the Collateral Agent may (but shall not be obligated to) after such with reasonable prior notice as may be reasonable under (or upon the circumstancesoccurrence and during the continuance of an Event of Default, without notice), but without any obligation to do so and without notice, itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by the Grantorssuch Grantor under Section 21 of this Agreement.

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreementherein, the Collateral Agent may (may, but shall not be obligated to) after such prior notice as may be reasonable under the circumstances, itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by such Grantor under Section 21; provided that, unless the GrantorsCollateral Agent determines that the circumstances do not so permit, the Collateral Agent shall notify such Grantor of any such action ten Business Days’ prior to taking, or causing to be taken, such action.

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreementherein, the Collateral Agent may (but shall not be obligated to) after such prior notice as may be reasonable under the circumstances, itself perform, or cause performance of, such agreement, and the reasonable out-of-pocket expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable payable, jointly and severally, by Grantors in accordance with the Grantorsterms of the Indenture or any document governing Permitted Additional Pari Passu Obligations.

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreementherein within a reasonable time after receipt of a written request to do so from the Collateral Agent, the Collateral Agent may (but shall not be obligated to) after such prior notice as may be reasonable under the circumstances, itself perform, or cause performance of, such agreement, and the reasonable expenses of the Collateral Agent Agent, including, without limitation, the reasonable fees and expenses of counsel, incurred in connection with doing so therewith, shall be payable by the Grantorssuch Grantor and shall be considered First Priority Obligations.

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreementherein, the Collateral Agent may (but shall not be obligated to) after such prior notice as may be reasonable under the circumstances, itself perform, or cause performance of, such agreement, and the expenses of . The Grantors shall reimburse the Collateral Agent on demand for any reasonable amounts paid or any reasonable expenses incurred by the Collateral Agent in good faith in connection with doing so shall be payable by the Grantorstherewith.

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this herein after demand by the Collateral Agent, subject to the Intercreditor Agreement, the Collateral Agent may (may, but shall not be obligated to) after such prior notice as may be reasonable under the circumstanceswithout any obligation to do so and without notice, itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by the Grantorssuch Grantor under Section 23.

Collateral Agent May Perform. If any the Grantor fails to perform any agreement obligation contained in this Agreement, the Collateral Agent may (but shall not be obligated to) after such prior notice as may be reasonable under the circumstances, itself perform, or cause performance of, such agreementobligation, and the expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by the GrantorsGrantor; provided, that Collateral Agent shall not be required to perform or discharge any obligation of the Grantor.