Common use of Expenses Incurred by Secured Party Clause in Contracts

Expenses Incurred by Secured Party. In the Secured Party’s discretion, if the Debtor fails to do so, upon the occurrence and during the continuance of an Event of Default, the Secured Party may discharge taxes (other than those not yet due or being contested in good faith) and other encumbrances at any time levied or placed on any of the Collateral (other than those being contested in good faith), maintain any of the Collateral, make repairs thereto and pay any necessary filing fees or insurance premiums. The Debtor agrees to reimburse the Secured Party on demand for all expenditures so made. The Secured Party shall have no obligation to the Debtor to make any such expenditures, nor shall the making thereof be construed as the waiver or cure of any Default or Event of Default.

Appears in 3 contracts

Samples: Purchase Agreement (Covad Communications Group Inc), Security Agreement (Earthlink Inc), Security Agreement (Covad Communications Group Inc)

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Expenses Incurred by Secured Party. In the Secured Party’s discretion, if the Debtor fails to do so, upon the occurrence and during the continuance of an Event of Default, the or is not contesting in good faith. Secured Party may discharge taxes (other than those not yet due or being contested in good faith) and other encumbrances at any time levied or placed on any of the Collateral (other than those being contested in good faith)which do not constitute Permitted Liens, maintain any of the Collateral, make repairs thereto Collateral and pay any necessary filing fees or insurance premiums. The Debtor agrees to reimburse the Secured Party on within five days of demand for all expenditures so made. The Secured Party shall have no obligation to the Debtor to make any such expenditures, nor shall the making thereof be construed as the waiver or cure of any Default or Event of Default.

Appears in 2 contracts

Samples: Asset Sale and Purchase Agreement (PBF Energy Inc.), Asset Sale and Purchase Agreement (PBF Energy Inc.)

Expenses Incurred by Secured Party. In the Secured Party’s 's discretion, if the Debtor fails to do so, upon the occurrence and during the continuance of an Event of Default, the Secured Party may discharge taxes (other than those not yet due or being contested in good faith) and other encumbrances at any time levied or placed on any of the Collateral (other than those being contested in good faith)Collateral, maintain any of the Collateral, make repairs thereto and thereto, pay any necessary filing fees or insurance premiumspremiums and incur any expense in protecting, preserving or enforcing the Secured Party’s rights and remedies under or in respect of any of the Obligations or any of the Collateral. The Debtor agrees to reimburse the Secured Party on demand for all expenditures so made, including reasonable attorneys’ fees and disbursements. The Secured Party shall have no obligation to the Debtor to make any such expenditures, nor shall the making thereof be construed as the waiver or cure of any Default or Event of Default.

Appears in 2 contracts

Samples: Security Agreement (Bullfrog Gold Corp.), Security Agreement (Bullfrog Gold Corp.)

Expenses Incurred by Secured Party. In the Secured Party’s discretion, if the Debtor fails to do so, upon the occurrence and during the continuance of an Event of Default, the Secured Party may discharge taxes (other than those not yet due or being contested in good faith) and other encumbrances at any time levied or placed on any of the Collateral (other than those being contested in good faith)Collateral, maintain any of the Collateral, make repairs thereto thereto, and pay any necessary filing fees or insurance premiums. The Debtor agrees to reimburse the Secured Party on demand for all expenditures so mademade and such expenditures will be deemed to be Obligations secured by the Collateral. The Secured Party shall have no obligation to the Debtor to make any such expenditures, nor shall the making thereof be construed as the waiver or cure of any Default or Event of Default. 11.2.

Appears in 1 contract

Samples: Security Agreement (Cardinal Ethanol LLC)

Expenses Incurred by Secured Party. In the Secured Party’s discretion, if the a Debtor fails to do so, upon the occurrence and during the continuance of an Event of Defaultso following written demand from Secured Party, the Secured Party may discharge taxes (other than those not yet due or being contested in good faith) and other encumbrances at any time levied or placed on any of the Collateral (other than those unless being contested disputed in good faith), maintain any of the Collateral, make repairs thereto ) and pay any necessary filing fees or insurance premiumspremiums required hereunder. The Each Debtor agrees to reimburse the Secured Party on demand for all expenditures so made. The Secured Party shall have no obligation to the a Debtor to make any such expenditures, nor shall the making thereof be construed as the waiver or cure of any Default or Event of Default.

Appears in 1 contract

Samples: Mortgage Warehousing Agreement (Intuit Inc)

Expenses Incurred by Secured Party. In the Secured Party’s 's discretion, if the Debtor fails to do so, upon the occurrence and during the continuance of an Event of Default, the Secured Party may discharge taxes (other than those not yet due or being contested in good faith) and other encumbrances at any time levied or placed on any of the Collateral (other than those being contested in good faith)Collateral, maintain any of the Collateral, make repairs thereto and thereto, pay any necessary filing fees or insurance premiumspremiums and incur any expense in protecting, preserving or enforcing the Secured Party’s rights and remedies under or in respect of any of the Obligations or any of the Collateral. The Debtor agrees to reimburse the Secured Party on demand for all expenditures so made, including attorneys’ fees and disbursements. The Secured Party shall have no obligation to the Debtor to make any such expenditures, nor shall the making thereof be construed as the waiver or cure of any Default or Event of Default.

Appears in 1 contract

Samples: Security Agreement (Solitario Exploration & Royalty Corp.)

Expenses Incurred by Secured Party. In the Secured Party’s discretion, if the Debtor fails to do so, upon the occurrence and during the continuance of an Event of Default, the Secured Party may discharge taxes and other encumbrances (other than those not yet due or being contested in good faithPermitted Exceptions) and other encumbrances at any time levied or placed on any of the Collateral (other than those Collateral, unless such taxes and encumbrances are being contested in good faith), maintain any of the Collateral, make repairs thereto and pay any necessary filing fees or insurance premiums. The Debtor agrees to reimburse the Secured Party on demand for all expenditures so made. The Secured Party shall have no obligation to the Debtor to make any such expenditures, nor shall the making thereof be construed as the waiver or cure of any Default or Event of Default.

Appears in 1 contract

Samples: Security Agreement (Utah Medical Products Inc)

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Expenses Incurred by Secured Party. In the Secured Party’s 's ---------------------------------- discretion, if the Debtor fails to do so, upon the occurrence and during the continuance of an Event of Default, the Secured Party may discharge taxes (other than those not yet due or being contested in good faith) and other encumbrances at any time levied or placed on any of the Collateral (other than those being contested in good faith)Collateral, maintain any of the Collateral, make repairs thereto and pay any necessary filing fees or insurance premiums. Any such expenditures shall become and be treated as Obligations. The Debtor agrees to reimburse the Secured Party on demand for all expenditures so made. The Secured Party shall have no obligation to the Debtor to make any such expenditures, nor shall the making thereof be construed as the waiver or cure of any Default or Event of Default.

Appears in 1 contract

Samples: Security Agreement (Ydi Wireless Inc)

Expenses Incurred by Secured Party. In the Secured Party’s sole and absolute discretion, if the Debtor fails to do so, upon the occurrence and during the continuance of an Event of Default, the Secured Party may discharge taxes and other encumbrances (other than those not yet due or being contested in good faithPermitted Exceptions) and other encumbrances at any time levied or placed on any of the Collateral (other than those Collateral, unless such taxes and encumbrances are being contested in good faith), maintain any of the Collateral, make repairs thereto and pay any necessary filing fees or insurance premiums. The Debtor agrees to reimburse the Secured Party on demand for all expenditures so made. The Secured Party shall not have no any obligation to the Debtor to make any such expenditures, nor shall the making thereof be construed as the waiver or cure of any Default or Event of Default.

Appears in 1 contract

Samples: Amended and Restated Security Agreement (Franklin Covey Co)

Expenses Incurred by Secured Party. In the Secured Party’s reasonable discretion, if the Debtor fails to do so, upon the occurrence and during the continuance of an Event of Defaultexcept in connection with a good faith dispute over taxes owed, the Secured Party may discharge taxes (other than those not yet due or being contested in good faith) and other encumbrances at any time levied or placed on any of the Collateral (other than those being contested in good faith)Collateral, maintain any of the Collateral, make repairs thereto and pay any necessary filing fees or insurance premiums. The Debtor agrees to reimburse the Secured Party on demand for all expenditures so made. The Secured Party shall not have no any obligation to the Debtor to make any such expenditures, nor shall the making thereof be construed as the waiver or cure of any Default or Event of Default.

Appears in 1 contract

Samples: Security Agreement (Lime Energy Co.)

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