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.

Appears in 18 contracts

Samples: Security Agreement (AerCap Holdings N.V.), Aircraft Mortgage and Security Agreement (Fly Leasing LTD), Term Loan Security Agreement

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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.

Appears in 17 contracts

Samples: Subsidiary Security Agreement (Foamex Fibers Inc), Subsidiary Security Agreement (Foamex Fibers Inc), Subsidiary Security Agreement (Foamex Fibers Inc)

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).

Appears in 11 contracts

Samples: Security Agreement (Itc Deltacom Inc), Security Agreement (Itc Deltacom Inc), Security Agreement (Itc Deltacom Inc)

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.

Appears in 7 contracts

Samples: Securities Purchase Agreement (Atomera Inc), Amended and Restated Security Agreement (Atomera Inc), Security Agreement (Mears Technologies Inc)

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).

Appears in 7 contracts

Samples: Intercreditor Agreement (Owens-Illinois Group Inc), Credit Agreement (Owens-Illinois Group Inc), Credit Agreement (Owens-Illinois Group Inc)

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.

Appears in 7 contracts

Samples: Intellectual Property Security Agreement (Endeavour International Corp), Security Agreement (Endeavour International Corp), Security Agreement (Cig Wireless Corp.)

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.

Appears in 5 contracts

Samples: Security Agreement (Landrys Restaurants Inc), Security Agreement (Quantum Corp /De/), First Lien Security Agreement (Terremark Worldwide Inc)

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.

Appears in 5 contracts

Samples: Credit Agreement (SWIFT TRANSPORTATION Co), Credit Agreement (SWIFT TRANSPORTATION Co), Guarantee and Collateral Agreement (SWIFT TRANSPORTATION Co)

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.

Appears in 5 contracts

Samples: First Lien Credit Agreement (EWT Holdings I Corp.), Intellectual Property Security Agreement (EWT Holdings I Corp.), Intellectual Property Security Agreement (GMS Inc.)

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.

Appears in 4 contracts

Samples: Credit Agreement (KLDiscovery Inc.), Credit Agreement (KLDiscovery Inc.), Credit Agreement (PPD, Inc.)

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.

Appears in 4 contracts

Samples: Credit Agreement (Polycom Inc), Credit Agreement (Polycom Inc), Security Agreement (Neustar Inc)

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.

Appears in 4 contracts

Samples: Security and Pledge Agreement (Supernus Pharmaceuticals Inc), Security and Pledge Agreement (Horizon Lines, Inc.), Security and Pledge Agreement (Horizon Lines, Inc.)

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreementherein, the following notice to Grantor, 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.

Appears in 4 contracts

Samples: Pledge and Security Agreement (Fuse Science, Inc.), Registration Rights Agreement (Biozone Pharmaceuticals, Inc.), Pledge and Security Agreement (Biozone Pharmaceuticals, Inc.)

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.

Appears in 3 contracts

Samples: Amended and Restated Security Agreement (ORBCOMM Inc.), Security Agreement (ORBCOMM Inc.), Credit Agreement (ORBCOMM Inc.)

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 16.

Appears in 3 contracts

Samples: Credit Agreement (Ortho Clinical Diagnostics Holdings PLC), Security Agreement (Axalta Coating Systems Ltd.), Security Agreement (Axalta Coating Systems Ltd.)

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.

Appears in 3 contracts

Samples: Patent Security Agreement (UpHealth, Inc.), Patent Security Agreement (UpHealth, Inc.), Patent Security Agreement (Cyan Inc)

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.

Appears in 3 contracts

Samples: Security and Pledge Agreement (Porch Group, Inc.), Security and Pledge Agreement (Porch Group, Inc.), Security and Pledge Agreement (Porch Group, Inc.)

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.

Appears in 3 contracts

Samples: Security Agreement (LifeCare Holdings, Inc.), Security Agreement (LifeCare Holdings, Inc.), Security Agreement (Seitel Inc)

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.

Appears in 3 contracts

Samples: Security Agreement (Ply Gem Holdings Inc), Security Agreement (Ply Gem Holdings Inc), Security Agreement (American Rock Salt Co LLC)

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.

Appears in 3 contracts

Samples: Security Agreement (Universal Security Instruments Inc), Guaranty and Security Agreement (Evolus, Inc.), Guaranty and Security Agreement (Evolus, Inc.)

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.

Appears in 3 contracts

Samples: Partnership Pledge Agreement (Foamex Capital Corp), Partnership Pledge Agreement (Foamex Capital Corp), Partnership Pledge Agreement (Foamex Fibers Inc)

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).

Appears in 2 contracts

Samples: Security Agreement (Davita Inc), Security Agreement (Davita Inc)

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.

Appears in 2 contracts

Samples: Security Agreement (NCO Teleservices, Inc.), Credit Agreement (Steel Dynamics Inc)

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.

Appears in 2 contracts

Samples: Credit Agreement (U.S. Shipping Partners L.P.), Security Agreement (National Energy Group Inc)

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.

Appears in 2 contracts

Samples: Security Agreement (Whole Foods Market Inc), Security Agreement (Whole Foods Market Inc)

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.

Appears in 2 contracts

Samples: Security Agreement (Adams Respiratory Therapeutics, Inc.), Security Agreement (Hollinger Inc)

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 GrantorsGrantor under Section 21.

Appears in 2 contracts

Samples: Security Agreement (Applied Dna Sciences Inc), Securities Purchase Agreement (Applied Dna Sciences Inc)

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.

Appears in 2 contracts

Samples: Security Agreement (Whole Foods Market Inc), Security Agreement (Whole Foods Market Inc)

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 17.

Appears in 2 contracts

Samples: Security Agreement (Axalta Coating Systems Ltd.), Security Agreement (Axalta Coating Systems Ltd.)

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.

Appears in 2 contracts

Samples: Guaranty and Security Agreement (Pac-West Telecomm Inc), Guaranty and Security Agreement (Pac-West Telecomm Inc)

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.

Appears in 2 contracts

Samples: Security Agreement (Leap Wireless International Inc), Security Agreement (Leap Wireless International Inc)

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 10.02 of the GrantorsIndenture.

Appears in 1 contract

Samples: Pledge and Security Agreement (Swift Transportation Co)

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 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 16.

Appears in 1 contract

Samples: Credit Agreement (Lender Processing Services, Inc.)

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 reasonable expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by the Grantorssuch Grantor under Section 18.

Appears in 1 contract

Samples: Security Agreement (Capmark Financial Group Inc.)

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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.

Appears in 1 contract

Samples: First Lien Security Agreement (Delta Air Lines Inc /De/)

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreementherein on or after the date required for performance thereof, 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, and to the Grantorsextent provided in, Section 20.

Appears in 1 contract

Samples: Security Agreement (TLC Vision Corp)

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 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 13.

Appears in 1 contract

Samples: Pledge Agreement (Fidelity National Information Services, Inc.)

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.

Appears in 1 contract

Samples: Pledge and Security Agreement (Foster Wheeler LTD)

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.

Appears in 1 contract

Samples: Security Agreement (Midway Gold Corp)

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.

Appears in 1 contract

Samples: Intercreditor and Collateral Agency Agreement (Northwest Natural Gas Co)

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.

Appears in 1 contract

Samples: Patent Security Agreement (Platinum Pressure Pumping, Inc.)

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).

Appears in 1 contract

Samples: Credit Agreement (Afa Products Inc)

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.

Appears in 1 contract

Samples: Security Agreement (Sweetheart Holdings Inc \De\)

Collateral Agent May Perform. If any Grantor fails to perform any agreement contained in this Agreementherein on or after the date required for performance thereof, 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, and to the Grantorsextent provided in Section 19.

Appears in 1 contract

Samples: Security Agreement (TLC Vision Corp)

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 of this Agreement.

Appears in 1 contract

Samples: Intercreditor Agreement (Nortek Inc)

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.

Appears in 1 contract

Samples: Patent Security Agreement (CPM Holdings, Inc.)

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.

Appears in 1 contract

Samples: Security Agreement (Marina District Development Company, LLC)

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.

Appears in 1 contract

Samples: Security Agreement (Salem Media Group, Inc. /De/)

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 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 expenses of the Collateral Agent incurred in connection with doing so therewith shall be payable by the GrantorsGrantor under Section 13.

Appears in 1 contract

Samples: Pledge Agreement (Centerpoint Energy Resources Corp)

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.

Appears in 1 contract

Samples: Patent Security Agreement (Salem Media Group, Inc. /De/)

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.

Appears in 1 contract

Samples: Intercreditor Agreement (Delta Air Lines Inc /De/)

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.

Appears in 1 contract

Samples: Security Agreement (Versity Invest, LLC)

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 22.

Appears in 1 contract

Samples: Security Agreement (Afa Products Inc)

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.

Appears in 1 contract

Samples: Security Agreement (Minimed Inc)

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.

Appears in 1 contract

Samples: Security Agreement (Gap Inc)

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.

Appears in 1 contract

Samples: Security Agreement (Cogentrix Energy Inc)

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