Common use of DISCHARGE OF BORROWER'S OBLIGATIONS Clause in Contracts

DISCHARGE OF BORROWER'S OBLIGATIONS. Lender, in its discretion, shall have the right at any time, and from time to time, without prior notice to Borrower if Borrower fails to do so in the manner required by this Agreement, to: (a) obtain insurance covering any of the Collateral as required under this Agreement; (b) pay for the performance of any of Borrower’s obligations under this Agreement; (c) discharge taxes, Liens, security interests, or other encumbrances at any time levied or placed on any of the Collateral in violation of this Agreement unless Borrower is in good faith with due diligence by appropriate proceedings contesting those items; and (d) pay for the maintenance and preservation of any of the Collateral. Expenses and advances shall be added to the outstanding balance of the Credit Facilities (to such Credit Facility as Lender shall elect) until reimbursed to Lender and shall be secured by the Collateral and payable immediately upon demand of Lender. Any such payments and advances by Lender shall not be construed as a waiver by Lender of an Event of Default.

Appears in 3 contracts

Samples: Loan and Security Agreement (Nimblegen Systems Inc), Loan and Security Agreement (Nimblegen Systems Inc), Loan Agreement (Regeneration Technologies Inc)

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DISCHARGE OF BORROWER'S OBLIGATIONS. Lender, in its sole ----------------------------------- discretion, shall will have the right at any time, and from time to time, without prior notice to Borrower if Borrower fails to do so in the manner required by this Agreementso, to: (a) obtain insurance covering any of the Collateral as required under this Agreementhereunder; (b) pay for the performance of any of Borrower’s 's obligations under this Agreementhereunder; (c) discharge taxes, Liens, security interests, or other encumbrances at any time levied or placed on any of the Collateral in violation of this Agreement unless Borrower is in good faith with due diligence by appropriate proceedings contesting those items; and (d) pay for the maintenance and preservation of any of the Collateral. Lender agrees to give Borrower written notice of any such action taken by Lender as soon as reasonably practicable. Expenses and advances shall will be added to the outstanding balance of the Credit Facilities (to such Credit Facility as Lender shall elect) Obligations, until reimbursed to Lender and shall will be secured by the Collateral and payable immediately upon demand of LenderCollateral. Any such payments and advances by Lender shall will not be construed as a waiver by Lender of an a Default or Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Creditrust Corp)

DISCHARGE OF BORROWER'S OBLIGATIONS. Lender, in its discretion, shall have the right at any time, and from time to time, without with 3 days prior notice to Borrower if Borrower fails to do so in the manner required by this Agreementso, to: (a) obtain insurance covering any of the Collateral as required under this Agreement; (b) pay for the performance of any of Borrower’s obligations under this Agreement; (c) discharge taxes, Liens, security interests, or other encumbrances at any time levied or placed on any of the Collateral in violation of this Agreement unless Borrower is in good faith with due diligence by appropriate proceedings contesting those items; and (d) pay for the maintenance and preservation of any of the Collateral. Expenses and advances shall be added to the outstanding balance of the Credit Facilities (to such Credit Facility as Lender shall elect) until reimbursed to Lender and shall be secured by the Collateral and payable immediately upon demand of Lender. Any such payments and advances by Lender shall not be construed as a waiver by Lender of an Event of Default.

Appears in 1 contract

Samples: Loan Agreement (Tandem Health Care, Inc.)

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DISCHARGE OF BORROWER'S OBLIGATIONS. Lender, in its sole discretion, shall have the right at any time, and from time to time, without prior notice to Borrower Borrowers if Borrower any Credit Party fails to do so in the manner required by this Agreementso, to: (a) obtain insurance covering any of the Collateral as required under this Agreement; (b) pay for the performance of any of BorrowerCredit Party’s obligations under this AgreementAgreement or the other Loan Documents; (c) discharge taxes, Liens, security interests, or other encumbrances at any time levied or placed on any of the Collateral in violation of this Agreement unless Borrower is Borrowers are in good faith with due diligence by appropriate proceedings contesting those items; and (d) pay for the maintenance and preservation of any of the Collateral. Expenses and advances shall be added to the outstanding balance of the Credit Facilities (to such Credit Facility as Lender shall elect) Obligations, until reimbursed to Lender and Lender, shall be secured by the Collateral and payable immediately upon demand of Lendershall accrue interest at the highest interest rate then in effect with respect to any Obligations. Any such payments and advances by Lender shall not be construed as a waiver by Lender of an Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Clarient, Inc)

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