Collateral Agent May Perform. If any Grantor fails to perform any agreement contained herein, after Discharge of First Lien Obligations, the Collateral Agent may, but without any obligation to do so, with notice (or upon the occurrence and during the continuance of an Event of Default, 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 22.
Appears in 3 contracts
Samples: Second Lien Security Agreement, Second Lien Security Agreement (Universal Hospital Services Inc), Second Lien Security Agreement (Universal Hospital Services Inc)
Collateral Agent May Perform. If any Grantor fails to perform any agreement contained herein, after Discharge of First Lien Obligations, the Collateral Agent may, but without any obligation to do so, with notice (or upon the occurrence and during the continuance of an Event of Default, 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 2220.
Appears in 2 contracts
Samples: Credit Agreement (Five Star Senior Living Inc.), Credit Agreement (Five Star Quality Care, 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 herein, after Discharge of First Lien Obligations, the Collateral Agent may, but without any obligation to do so, with notice (or upon the occurrence so and during the continuance of an Event of Default, 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 2221.
Appears in 2 contracts
Samples: Asset Based Loan Credit Agreement (Express Parent LLC), Revolving Facility Security Agreement (Dana Holding Corp)
Collateral Agent May Perform. If any Grantor fails to perform any agreement contained herein, after Discharge of First Lien Obligations, the Collateral Agent may, but without any obligation to do so, with notice (or upon the occurrence and during the continuance of an Event of Default, 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 2221.
Appears in 2 contracts
Samples: First Lien Security Agreement (Universal Hospital Services Inc), First Lien Security Agreement (Universal Hospital Services Inc)
Collateral Agent May Perform. If Upon the occurrence and during the continuance of any Event of Default, if any Grantor fails to perform any agreement contained herein, after Discharge of First Lien Obligations, the Collateral Agent may, but without any obligation to do so, with upon prior notice (or upon to the occurrence and during the continuance of an Event of Default, without notice)Company, 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 2221 hereof.
Appears in 2 contracts
Samples: Security Agreement (New Era Helium Inc.), Security Agreement (Workhorse Group Inc.)
Collateral Agent May Perform. If any Grantor fails to perform any agreement contained herein, after Discharge of First Lien Obligations, the Collateral Agent may, but without any obligation to do so, with notice (or upon the occurrence and during the continuance of an Event of Default, 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 2223.
Appears in 2 contracts
Samples: Domestic Security Agreement (Sensata Technologies Holding N.V.), Domestic Security Agreement (Sensata Technologies Holland, B.V.)
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 herein, after Discharge of First Lien Obligations, the Collateral Agent may, but without any obligation to do so, with notice (or upon the occurrence so and during the continuance of an Event of Default, 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 2220.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Express Parent LLC), Term Facility Security Agreement (Dana Holding Corp)
Collateral Agent May Perform. If any Grantor fails to perform any agreement contained herein, after Discharge of First Lien Obligations, the Collateral Agent may, but without any obligation to do so, with notice (or upon the occurrence and during the continuance of an Event of Default, the Collateral Agent 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 such Grantor under Section 2223.
Appears in 1 contract
Collateral Agent May Perform. If any Grantor during the continuance of an Event of Default fails to perform any agreement contained herein, after Discharge of First Lien Obligations, the Collateral Agent may, but without any obligation to do so, with notice (or upon the occurrence so and during the continuance of an Event of Default, 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 2215.
Appears in 1 contract
Samples: Security Agreement (Building Materials Manufacturing Corp)
Collateral Agent May Perform. If any Grantor fails to perform any agreement contained herein, after Discharge of First Lien Obligations, the Collateral Agent may, but without any obligation to do so, with notice (or upon the occurrence and during the continuance of an Event of Default, 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 2216.
Appears in 1 contract
Samples: Credit Agreement (Brookfield Residential Properties Inc.)
Collateral Agent May Perform. If any Grantor fails to perform any agreement contained herein, after Discharge of First Lien Obligations, the Collateral Agent may, but without any obligation to do so, with notice (or upon Upon the occurrence and during the continuance of an Event of Default, if any Grantor fails to perform any agreement contained herein, the Collateral Agent may, subject to any Intercreditor Agreement, 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 2219.
Appears in 1 contract
Samples: Security Agreement (Dana 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 herein, after Discharge of First Lien Obligations, the Collateral Agent may, but without any obligation to do so, with notice (or upon the occurrence so and during the continuance of an Event of Default, 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 2217.
Appears in 1 contract
Collateral Agent May Perform. If any Grantor fails to perform any agreement contained herein, after Discharge of First Lien Obligations, the Collateral Agent may, but without any obligation to do so, with notice (or upon the occurrence and during the continuance of an Event of Default, but without any obligation to do so and without notice), itself perform, or cause performance of, such agreement, and the actual and documented expenses of the Collateral Agent incurred in connection therewith shall be payable by such Grantor under Section 2220.
Appears in 1 contract
Samples: Term Loan Agreement (Hospitality Investors Trust, Inc.)
Collateral Agent May Perform. If any Grantor fails to perform any agreement contained herein, after Discharge of First Lien Obligations, the Collateral Agent may, but without any obligation to do so, with notice (or upon the occurrence and during the continuance of an Event of Default, the Collateral Agent may, and subject to the first priority liens granted under the First Lien Security Agreement and the Intercreditor Agreement, 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 2223.
Appears in 1 contract
Collateral Agent May Perform. If any Grantor fails to perform any agreement contained herein, after Discharge of First Lien Obligations, the Collateral Agent may, but without any obligation to do so, with notice (or upon the occurrence and during the continuance of an Event of Default, 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 22.
Appears in 1 contract
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 herein, after Discharge of First Lien Obligations, the Collateral Agent may, but without any obligation to do so, with notice (or upon the occurrence so and during the continuance of an Event of Default, 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 2219.
Appears in 1 contract
Samples: Revolving Facility Security Agreement (Dana Holding Corp)