Collateral Agent May Perform. If Grantor fails to perform any agreement contained herein, Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of Collateral Agent incurred in connection therewith shall be payable by Grantor under Section 16(b) hereof.
Appears in 6 contracts
Samples: Subordinated Security Agreement (Warp Technology Holdings Inc), Security Agreement (Warp Technology Holdings Inc), Senior Subsidiary Security Agreement (Warp Technology Holdings Inc)
Collateral Agent May Perform. If any Grantor fails to perform any agreement contained herein, Collateral Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Collateral Agent incurred in connection therewith shall be payable payable, jointly and severally, by Grantor under Section 16(b) hereofGrantors in accordance with the terms of the Credit Agreement.
Appears in 5 contracts
Samples: Security Agreement (Orbital Energy Group, Inc.), Security Agreement (Franchise Group, Inc.), Security Agreement (Franchise Group, Inc.)
Collateral Agent May Perform. If any Grantor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by such Grantor under pursuant to Section 16(b) hereof6.4.
Appears in 5 contracts
Samples: Pledge and Security Agreement (Interface Inc), Pledge and Security Agreement (New World Restaurant Group Inc), Pledge and Security Agreement (New World Coffee Manhattan Bagel Inc)
Collateral Agent May Perform. If any Grantor fails to perform any agreement contained herein, Collateral Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Collateral Agent incurred in connection therewith shall be payable payable, jointly and severally, by Grantor under Section 16(b) hereofGrantors.
Appears in 4 contracts
Samples: Security Agreement (Fresh International Corp), Subordination Agreement (Tontine Capital Partners L P), Subordination Agreement (Patrick Industries Inc)
Collateral Agent May Perform. If any Grantor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by such Grantor under Section 16(b) hereof22(b).
Appears in 4 contracts
Samples: Credit Agreement (Massic Tool Mold & Die Inc), Credit Agreement (Icg Communications Inc /De/), Security Agreement (Icg Holdings Inc)
Collateral Agent May Perform. If Grantor any of Grantors fails to perform any agreement contained herein, Collateral Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Collateral Agent incurred in connection therewith shall be payable payable, jointly and severally, by Grantor under Section 16(b) hereofGrantors.
Appears in 4 contracts
Samples: Security Agreement (Loud Technologies Inc), Financing Agreement (Dice Holdings, Inc.), Security Agreement (Russ Berrie & Co Inc)
Collateral Agent May Perform. If Grantor fails to perform any agreement contained herein, following notice to Grantor, Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of Collateral Agent incurred in connection therewith shall be payable by Grantor under Section 16(b) hereofGrantor.
Appears in 4 contracts
Samples: Pledge and Security Agreement (Fuse Science, Inc.), Securities Purchase Agreement (Biozone Pharmaceuticals, Inc.), Pledge and Security Agreement (Biozone Pharmaceuticals, Inc.)
Collateral Agent May Perform. If any Grantor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by such Grantor under pursuant to Section 16(b) hereof10.3 of the Credit Agreement.
Appears in 3 contracts
Samples: Credit Agreement (Ferro Corp), Credit Agreement (Ferro Corp), Pledge and Security Agreement (Ferro Corp)
Collateral Agent May Perform. If any Grantor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Collateral Agent incurred in connection therewith shall be payable by such Grantor under pursuant to Section 16(b) hereof6.4.
Appears in 2 contracts
Samples: Subsidiary Pledge and Security Agreement (Ironton Iron Inc), Subsidiary Pledge and Security Agreement (Ironton Iron Inc)
Collateral Agent May Perform. If any Grantor fails to perform any agreement contained herein, upon the occurrence and during the continuance of any Event of Default, the Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by such Grantor under Section 16(b) hereofpursuant to Article VII of the Indenture.
Appears in 2 contracts
Samples: First Lien Notes Pledge and Security Agreement (Reddy Ice Holdings Inc), Second Lien Notes Pledge and Security Agreement (Reddy Ice Holdings Inc)
Collateral Agent May Perform. If any Grantor fails to perform any agreement contained herein, the Collateral Agent may may, 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 therewith shall be payable by Grantor under Section 16(b) hereof21.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Applied Dna Sciences Inc), Security Agreement (Applied Dna Sciences Inc)
Collateral Agent May Perform. If any Grantor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by such Grantor under pursuant to Section 16(b) hereof6.3.
Appears in 2 contracts
Samples: Security Agreement (Edgen Louisiana CORP), Pledge and Security Agreement (Telex Communications International LTD)
Collateral Agent May Perform. If any Grantor fails to perform any agreement contained herein, Collateral Agent may itself perform, or cause performance of (but shall not be obligated to perform or cause the performance of), such agreement, and the expenses of Collateral Agent incurred in connection therewith shall be payable by Grantor Grantors under Section 16(b21(b) hereof.
Appears in 2 contracts
Samples: Security Agreement (Danielson Holding Corp), Security Agreement (Danielson Holding Corp)
Collateral Agent May Perform. If Upon the occurrence and during the continuation of any Event of Default, if any Grantor fails to perform any agreement contained herein, Collateral Agent may itself perform, or Pledge and Security Agreement cause performance of, such agreement, and the expenses of Collateral Agent incurred in connection therewith shall be payable by Grantor Grantors under Section 16(b) hereof14(b).
Appears in 1 contract
Collateral Agent May Perform. If any Grantor fails to perform any agreement contained herein, upon the occurrence and during the continuance of an Event of Default, Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of Collateral Agent incurred in connection therewith shall be payable by Grantor Grantors under Section 16(b) hereofSECTION 19(b).
Appears in 1 contract
Samples: Security Agreement (NHW Auburn LLC)
Collateral Agent May Perform. If any Grantor fails to perform any agreement contained herein, Collateral Agent may itself perform, or cause performance of, such agreement, and the reasonable and documented expenses of Collateral Agent incurred in connection therewith shall be payable payable, jointly and severally, by Grantor under Section 16(b) hereofall Grantors.
Appears in 1 contract
Samples: Security Agreement (Copart Inc)
Collateral Agent May Perform. If any Grantor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Collateral Agent incurred in connection therewith shall be payable by Grantor the Grantors under Section 16(b) hereof19.
Appears in 1 contract
Samples: Revolving Credit and Guaranty Agreement (Lodgian Inc)
Collateral Agent May Perform. If any Grantor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Collateral Agent incurred in connection therewith shall be payable payable, jointly and severally, by Grantor under Section 16(b) hereofGrantors.
Appears in 1 contract
Samples: Security Agreement (Vringo Inc)
Collateral Agent May Perform. If any Grantor fails to perform any agreement contained hereinherein or in the Credit Agreement, the Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by Grantor the Grantors under Section 16(b) hereof21(b).
Appears in 1 contract
Samples: Security Agreement (Caldor Corp)
Collateral Agent May Perform. If the Grantor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Collateral Agent incurred in connection therewith shall be payable by the Grantor under pursuant to Section 16(b) hereof6.4.
Appears in 1 contract
Samples: Borrower Pledge and Security Agreement (Ironton Iron Inc)
Collateral Agent May Perform. If To the extent not otherwise provided herein, if any Grantor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by Grantor the Grantors, jointly and severally, under Section 16(b) hereof12.03.
Appears in 1 contract
Samples: Common Security and Intercreditor Agreement (Pioneer Companies Inc)
Collateral Agent May Perform. If any Grantor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by such Grantor under pursuant to Section 16(b) hereof6.2.
Appears in 1 contract
Collateral Agent May Perform. If Grantor fails to perform any agreement contained herein, Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of Collateral Agent incurred in connection therewith shall be payable by Grantor under Section 16(b) hereof18.
Appears in 1 contract
Collateral Agent May Perform. If any Grantor fails to perform any agreement contained herein, the Collateral Agent may (but without any obligation) itself perform, or cause performance of, such agreement, and the reasonable expenses of the Collateral Agent incurred in connection therewith shall be payable payable, jointly and severally, by Grantor under Section 16(b) hereofGrantors.
Appears in 1 contract
Samples: Security Agreement (Portrait Corp of America, Inc.)
Collateral Agent May Perform. If the Grantor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by the Grantor under Section 16(b) hereof14(b).
Appears in 1 contract
Collateral Agent May Perform. If any Grantor fails to perform any agreement contained herein, Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of Collateral Agent incurred in connection therewith shall be payable by each Grantor under Section 16(b) hereof.14. ----------
Appears in 1 contract
Collateral Agent May Perform. If any Grantor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and any expense of the expenses of Collateral Agent incurred in connection therewith shall be payable by such Grantor under pursuant to Section 16(b) hereof6.3.
Appears in 1 contract
Collateral Agent May Perform. If any Grantor fails to perform any agreement contained herein, subject to SECTION 31 hereof, 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 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 therewith shall be payable by such Grantor under Section 16(b) hereof23(b).
Appears in 1 contract
Collateral Agent May Perform. If any Grantor fails to perform any agreement contained herein, Collateral Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Collateral Agent incurred in connection therewith shall be payable by Grantor Grantors under Section 16(b) hereof16.
Appears in 1 contract
Samples: Borrower Security Agreement (Dominos Pizza Government Services Division Inc)
Collateral Agent May Perform. If any Grantor fails to perform any agreement contained herein, Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of Collateral Agent incurred in connection therewith shall be payable by Grantor Grantors under Section 16(b) hereof.
Appears in 1 contract
Samples: Security Agreement (Loral Space & Communications Inc.)
Collateral Agent May Perform. If the Grantor fails to perform any agreement contained hereinherein within a reasonable time after receipt of a written request to do so from the Collateral Agent, the Collateral Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Collateral Agent Agent, including, but not limited to, the reasonable fees and expenses of counsel, incurred in connection therewith therewith, shall be payable by the Grantor under Section 16(b) hereofand shall be considered Secured Obligations.
Appears in 1 contract
Samples: Credit Agreement (Amr Corp)
Collateral Agent May Perform. If any Grantor fails to perform any agreement contained herein, Collateral Agent may itself perform, or cause performance of, such agreement, and the reasonable and documented out-of-pocket expenses of Collateral Agent incurred in connection therewith shall be payable payable, jointly and severally, by Grantor under Section 16(b) hereofGrantors in accordance with the terms of the Financing Agreement.
Appears in 1 contract
Samples: Security Agreement (Unique Logistics International, Inc.)
Collateral Agent May Perform. If any Grantor fails to perform any agreement contained herein, upon the occurrence and during the continuance of an Event of Default, Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of Collateral Agent incurred in connection therewith shall be payable by Grantor Grantors under Section 16(b) hereof19(c).
Appears in 1 contract
Collateral Agent May Perform. If the Grantor fails to perform any agreement contained herein, Collateral Agent may itself perform, or cause the performance of, such agreement, and the reasonable expenses of Collateral Agent incurred in connection therewith shall be payable by Grantor under Section 16(b) hereofthe Grantor.
Appears in 1 contract
Collateral Agent May Perform. If Grantor fails the Grantors fail to perform any agreement contained hereinin this Article IV, the Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by Grantor the Grantors under Section 16(b) hereof7.3.
Appears in 1 contract
Samples: Collateral Agency and Intercreditor Agreement (Navigator Gas Iom I-E LTD)
