Common use of Collateral Agent May Perform Clause in Contracts

Collateral Agent May Perform. If the Pledgor fails to perform any obligation contained in this Agreement, the Collateral Agent may itself perform, or cause performance of, such obligation (provided that the Collateral Agent shall not perform such obligations prior to the occurrence of an ongoing Event of Default without first providing the Pledgor written notice of such failure and (as determined by the Collateral Agent in its sole discretion) a reasonable 6 SFDOCS01/313128.7Midway — Pledge Agreement ([●]) opportunity to perform such obligation), and the expenses of the Collateral Agent incurred in connection therewith shall be payable by the Pledgor; provided that the Collateral Agent shall not be required to perform or discharge any obligation of the Pledgor.

Collateral Agent May Perform. If the Pledgor fails to perform any obligation agreement contained in this Agreementherein after receipt of a written request to do so from the Collateral Agent, the Collateral Agent may (but shall not be obligated to) itself perform, or cause performance of, such obligation (provided that the Collateral Agent shall not perform such obligations prior to the occurrence of an ongoing Event of Default without first providing the Pledgor written notice of such failure and (as determined by the Collateral Agent in its sole discretion) a reasonable 6 SFDOCS01/313128.7Midway — Pledge Agreement ([●]) opportunity to perform such obligation)agreement, and the expenses of the Collateral Agent Agent, including the reasonable fees and expenses of its counsel, incurred in connection therewith shall be payable by the PledgorPledgor under Section 5.5 of the Collateral Agency Agreement; provided that if a Bankruptcy Event shall have occurred with respect to the Collateral Agent Pledgor, the written request described in this Section 2.6 shall not be required and shall be deemed to have been delivered upon the failure of the Pledgor to perform or discharge any obligation of the Pledgorsuch agreement.

Collateral Agent May Perform. If the Pledgor fails to perform any obligation agreement contained in this Agreementherein after receipt of a written request to do so from the Collateral Agent, the Collateral Agent may itself perform, or cause performance of, such obligation (provided that the Collateral Agent shall not perform such obligations prior to the occurrence of an ongoing Event of Default without first providing the Pledgor written notice of such failure and (as determined by the Collateral Agent in its sole discretion) a reasonable 6 SFDOCS01/313128.7Midway — Pledge Agreement ([●]) opportunity to perform such obligation)agreement, and the reasonable expenses of the Collateral Agent Agent, including the reasonable fees and expenses of its counsel, incurred in connection therewith shall be payable by the PledgorPledgor under Section 5.5; provided that if a bankruptcy, insolvency or similar event shall have occurred with respect to Pledgor, the Collateral Agent notice described in this Section 2.6 shall not be required and shall be deemed to have been delivered upon the failure of Pledgor to perform or discharge any obligation of the Pledgorsuch agreement.

Collateral Agent May Perform. If the Pledgor fails to perform any obligation agreement contained in this Agreementherein after receipt of a written request to do so from the Collateral Agent after the occurrence and during the continuance of any Event of Default, the Collateral Agent may (but shall not be obligated to) itself perform, or cause performance of, such obligation (provided that the Collateral Agent shall not perform such obligations prior to the occurrence of an ongoing Event of Default without first providing the Pledgor written notice of such failure and (as determined by the Collateral Agent in its sole discretion) a reasonable 6 SFDOCS01/313128.7Midway — Pledge Agreement ([●]) opportunity to perform such obligation)agreement, and the expenses of the Collateral Agent Agent, including the reasonable and documented fees and expenses of its counsel, incurred in connection therewith shall be payable by the PledgorBorrower under Section 9.05 of the Credit Agreement; provided that if any case or proceeding under any Debtor Relief Law shall have occurred with respect to the Collateral Agent Pledgor, the written request described in this Section 2.6 shall not be required and shall be deemed to have been received by the Pledgor upon the failure of the Pledgor to perform or discharge any obligation of the Pledgorsuch agreement.

Collateral Agent May Perform. If the Pledgor fails to perform any obligation agreement contained in this Agreementherein after receipt of a written request to do so from the Collateral Agent, the Collateral Agent may (but shall not be obligated to) itself perform, or cause performance of, such obligation (provided that the Collateral Agent shall not perform such obligations prior to the occurrence of an ongoing Event of Default without first providing the Pledgor written notice of such failure and (as determined by the Collateral Agent in its sole discretion) a reasonable 6 SFDOCS01/313128.7Midway — Pledge Agreement ([●]) opportunity to perform such obligation)agreement, and the expenses of the Collateral Agent Agent, including the reasonable fees and expenses of its counsel, incurred in connection therewith shall be payable by the PledgorCompany under Section 8.7 of the Collateral Trust Agreement; provided that if an Insolvency Proceeding shall have occurred with respect to Pledgor, the Collateral Agent written request described in this Section 2.6 shall not be required and shall be deemed to have been received by Pledgor upon the failure of Pledgor to perform or discharge any obligation of the Pledgorsuch agreement.

Collateral Agent May Perform. If the Pledgor fails to perform any obligation agreement contained in this Agreementherein after receipt of a written request to do so from the Collateral Agent, the Collateral Agent may (but shall not be obligated to) itself perform, or cause performance of, such obligation (provided that the Collateral Agent shall not perform such obligations prior to the occurrence of an ongoing Event of Default without first providing the Pledgor written notice of such failure and (as determined by the Collateral Agent in its sole discretion) a reasonable 6 SFDOCS01/313128.7Midway — Pledge Agreement ([●]) opportunity to perform such obligation)agreement, and the expenses of the Collateral Agent Agent, including the rea- sonable fees and expenses of its counsel, incurred in connection therewith shall be payable by the Pledgor; Pledgor under Section 5.5 of the Collateral Agency Agreement, provided that if a Bankruptcy Event shall have occurred with respect to the Collateral Agent Pledgor, the written request described in this Section 2.6 shall not be required and shall be deemed to have been delivered upon the failure of the Pledgor to perform or discharge any obligation of the Pledgorsuch agreement.

Collateral Agent May Perform. If the Pledgor fails to perform any obligation agreement contained in this Agreementherein after receipt of a written request to do so from the Collateral Agent, the Collateral Agent may (but shall not be obligated to) itself perform, or cause performance of, such obligation (provided that the Collateral Agent shall not perform such obligations prior to the occurrence of an ongoing Event of Default without first providing the Pledgor written notice of such failure and (as determined by the Collateral Agent in its sole discretion) a reasonable 6 SFDOCS01/313128.7Midway — Pledge Agreement ([●]) opportunity to perform such obligation)agreement, and the reasonable expenses of the Collateral Agent Agent, including the reasonable fees and expenses of its counsel, incurred in connection therewith shall be payable by the PledgorPledgor under Section 5.5; provided that if a Bankruptcy Event shall have occurred with respect to the Collateral Agent Pledgor, the written request described in this Section 2.6 shall not be required and shall be deemed to have been delivered upon the failure of the Pledgor to perform or discharge any obligation of the Pledgorsuch agreement.

Collateral Agent May Perform. If the either Pledgor fails to perform any obligation agreement contained in this Agreementherein after receipt of a written request to do so from the Collateral Agent, the Collateral Agent may itself perform, or cause performance of, such obligation (provided that the Collateral Agent shall not perform such obligations prior to the occurrence of an ongoing Event of Default without first providing the Pledgor written notice of such failure and (as determined by the Collateral Agent in its sole discretion) a reasonable 6 SFDOCS01/313128.7Midway — Pledge Agreement ([●]) opportunity to perform such obligation)agreement, and the reasonable expenses of the Collateral Agent Agent, including the reasonable fees and expenses of its counsel, incurred in connection therewith shall be payable by the Pledgorsuch Pledgor under Section 6.16; provided that if an Event of Bankruptcy shall have occurred with respect to such Pledgor, the Collateral Agent notice described in this Section 2.5 shall not be required and shall be deemed to have been delivered upon the failure of such Pledgor to perform or discharge any obligation of the Pledgorsuch agreement.

Collateral Agent May Perform. If the Pledgor fails to perform any obligation agreement contained in this Agreementherein after receipt of a written request to do so from the Collateral Agent, the Collateral Agent may (but shall not be obligated to) itself perform, or cause performance of, such obligation (provided that the Collateral Agent shall not perform such obligations prior to the occurrence of an ongoing Event of Default without first providing the Pledgor written notice of such failure and (as determined by the Collateral Agent in its sole discretion) a reasonable 6 SFDOCS01/313128.7Midway — Pledge Agreement ([●]) opportunity to perform such obligation)agreement, and the expenses of the Collateral Agent Agent, including the reasonable fees and expenses of its counsel, incurred in connection therewith shall be payable by the PledgorPledgor under Section 5.5 of the Collateral Agency Agreement; provided that if a Bankruptcy Event shall have occurred with respect to the Collateral Agent Pledgor, the notice described in this Section 2.6 shall not be required and shall be deemed to have been delivered upon the failure of the Pledgor to perform or discharge any obligation of the Pledgorsuch agreement.