Common use of Collateral Agent May Perform Clause in Contracts

Collateral Agent May Perform. If Pledgor fails to perform any agreement contained herein 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 agreement, and the expenses of the Collateral Agent, including the reasonable fees and expenses of its counsel, incurred in connection therewith shall be payable by the Company under Section 8.7 of the Collateral Trust Agreement; provided that if an Insolvency Proceeding shall have occurred with respect to Pledgor, the 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 such agreement.

Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained herein after receipt of a written request to do so from the Collateral AgentAgent 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 agreement, and the expenses of the Collateral Agent, including the reasonable and documented fees and expenses of its counsel, incurred in connection therewith shall be payable by the Company Borrower under Section 8.7 9.05 of the Collateral Trust Credit Agreement; provided that if an Insolvency Proceeding any case or proceeding under any Debtor Relief Law shall have occurred with respect to the 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 such agreement.

Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained herein 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 agreement, and the expenses of the Collateral Agent, including the reasonable fees and expenses of its counsel, incurred in connection therewith shall be payable by the Company Pledgor under Section 8.7 5.5 of the Collateral Trust Agency Agreement; provided that if an Insolvency Proceeding a Bankruptcy Event shall have occurred with respect to the Pledgor, the written request described in this Section 2.6 shall not be required and shall be deemed to have been received by Pledgor delivered upon the failure of the Pledgor to perform such agreement.

Collateral Agent May Perform. If Pledgor fails to perform any agreement contained herein 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 agreement, and the reasonable expenses of the Collateral Agent, including the reasonable fees and expenses of its counsel, incurred in connection therewith shall be payable by the Company Pledgor under Section 8.7 of the Collateral Trust Agreement5.5; provided that if an Insolvency Proceeding a bankruptcy, insolvency or similar event shall have occurred with respect to Pledgor, the written request notice described in this Section 2.6 shall not be required and shall be deemed to have been received by Pledgor delivered upon the failure of Pledgor to perform such agreement.

Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained herein 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 agreement, and the expenses of the Collateral Agent, including the reasonable fees and expenses of its counsel, incurred in connection therewith shall be payable by the Company Pledgor under Section 8.7 5.5 of the Collateral Trust Agency Agreement; provided that if an Insolvency Proceeding a Bankruptcy Event shall have occurred with respect to the Pledgor, the written request notice described in this Section 2.6 shall not be required and shall be deemed to have been received by Pledgor delivered upon the failure of the Pledgor to perform such agreement.

Collateral Agent May Perform. If the Pledgor fails to perform any agreement obligation contained herein after receipt of a written request to do so from the Collateral Agentin this Agreement, the Collateral Agent may (but shall not be obligated to) itself perform, or cause performance of, such agreementobligation (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, including the reasonable fees and expenses of its counsel, Agent incurred in connection therewith shall be payable by the Company under Section 8.7 of the Collateral Trust AgreementPledgor; provided that if an Insolvency Proceeding shall have occurred with respect to Pledgor, the written request described in this Section 2.6 Collateral Agent shall not be required and shall be deemed to have been received by Pledgor upon the failure of Pledgor to perform such agreementor discharge any obligation of the Pledgor.

Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained herein 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 agreement, and the expenses of the Collateral Agent, including the reasonable rea- sonable fees and expenses of its counsel, incurred in connection therewith shall be payable by the Company Pledgor under Section 8.7 5.5 of the Collateral Trust Agency Agreement; , provided that if an Insolvency Proceeding a Bankruptcy Event shall have occurred with respect to the Pledgor, the written request described in this Section 2.6 shall not be required and shall be deemed to have been received by Pledgor delivered upon the failure of the Pledgor to perform such agreement.

Collateral Agent May Perform. If either Pledgor fails to perform any agreement contained herein 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 agreement, and the reasonable expenses of the Collateral Agent, including the reasonable fees and expenses of its counsel, incurred in connection therewith shall be payable by the Company such Pledgor under Section 8.7 of the Collateral Trust Agreement6.16; provided that if an Insolvency Proceeding Event of Bankruptcy shall have occurred with respect to such Pledgor, the written request notice described in this Section 2.6 2.5 shall not be required and shall be deemed to have been received by Pledgor delivered upon the failure of such Pledgor to perform such agreement.

Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained herein 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 agreement, and the reasonable expenses of the Collateral Agent, including the reasonable fees and expenses of its counsel, incurred in connection therewith shall be payable by the Company Pledgor under Section 8.7 of the Collateral Trust Agreement5.5; provided that if an Insolvency Proceeding a Bankruptcy Event shall have occurred with respect to the Pledgor, the written request described in this Section 2.6 shall not be required and shall be deemed to have been received by Pledgor delivered upon the failure of the Pledgor to perform such agreement.