Insurance, etc. If the Borrower shall fail to purchase or maintain insurance (where applicable), or to pay any tax, assessment, governmental charge or levy, except as the same may be otherwise permitted hereunder or which is being contested in good faith by appropriate proceedings and for which adequate reserves have been established in accordance with GAAP, or if any Lien prohibited hereby shall not be paid in full and discharged or if the Borrower shall fail to perform or comply with any other covenant, promise or obligation to the Agent or the Lenders hereunder or under any other Loan Document, the Agent may (but shall not be required to), if the Borrower has not done so within ten days of the Agent's written request, perform, pay, satisfy, discharge or bond the same for the account of the Borrower, and all amounts so paid by the Agent or the Lenders shall be treated as an Agent Loan or a Revolving Credit Loan, as the case may be, comprised of Base Rate Advances hereunder and shall constitute part of the Obligations.
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Samples: Loan and Security Agreement (American Railcar Industries, Inc./De), Loan and Security Agreement (American Railcar Industries, Inc./De)
Insurance, etc. If the Borrower shall fail to purchase or maintain insurance (where applicable), or to pay any tax, assessment, governmental charge or levy, except as the same may be otherwise permitted hereunder or which is being contested in good faith by appropriate proceedings and for which adequate reserves have been established in accordance with GAAP, or if any Lien prohibited hereby shall not be paid in full and discharged or if the Borrower shall fail to perform or comply with any other covenant, promise or obligation to the Agent or the Lenders hereunder or under any other Loan Document, the Agent may (but shall not be required to), if the Borrower has not done so within ten days of the Agent's ’s written request, perform, pay, satisfy, discharge or bond the same for the account of the Borrower, and all amounts so paid by the Agent or the Lenders shall be treated as an Agent Loan or a Revolving Credit Loan, as the case may be, comprised of Base Rate Advances hereunder and shall constitute part of the Obligations.
Appears in 1 contract
Samples: Loan and Security Agreement (American Railcar Industries, Inc.)
Insurance, etc. If the Borrower shall fail to purchase or maintain insurance (where applicable), or to pay any tax, assessment, governmental charge or levy, except as the same may be otherwise permitted hereunder or which is being contested in good faith by appropriate proceedings and for which adequate reserves have been established in accordance with GAAP, or if any Lien prohibited hereby shall not be paid in full and discharged or if the Borrower shall fail to perform or comply with any other covenant, promise or obligation to the Administrative Agent or the Lenders hereunder or under any other Loan Document, the Administrative Agent may (but shall not be required to), if the Borrower has not done so within ten (10) days of after the Administrative Agent's ’s written request, perform, pay, satisfy, discharge or bond the same for the account of the Borrower, and all amounts so paid by the Administrative Agent or the Lenders shall be treated as an Agent Loan or a Revolving Credit Loan, as the case may be, comprised of Base Rate Advances hereunder and shall constitute part of the Obligations.
Appears in 1 contract
Samples: Loan and Security Agreement (American Real Estate Partners L P)
Insurance, etc. If the Borrower shall fail to purchase or maintain insurance (where applicable), or to pay any tax, assessment, governmental charge or levy, except as the same may be otherwise permitted hereunder or which is being contested in good faith by appropriate proceedings and for which adequate reserves have been established in accordance with GAAP, or if any Lien prohibited hereby shall not be paid in full and discharged or if the Borrower shall fail to perform or comply with any other covenant, promise or obligation to the Administrative Agent or the Lenders hereunder or under any other Loan Document, the Administrative Agent may (but shall not be required to), if the Borrower has not done so within ten (10) days of after the Administrative Agent's written request, perform, pay, satisfy, discharge or bond the same for the account of the Borrower, and all amounts so paid by the Administrative Agent or the Lenders shall be treated as an Agent Loan or a Revolving Credit Loan, as the case may be, comprised of Base Rate Advances hereunder and shall constitute part of the Obligations.
Appears in 1 contract
Samples: Loan and Security Agreement (Westpoint International Inc)
Insurance, etc. If the Borrower shall fail to purchase or maintain insurance (where applicable), or to pay any tax, assessment, governmental charge or levy, except as the same may be otherwise permitted hereunder or which is being contested in good faith by appropriate proceedings and for which adequate reserves have been established in accordance with GAAP, or if any Lien prohibited hereby shall not be paid in full and discharged or if the Borrower shall fail to perform or comply with any other covenant, promise or obligation to the Agent or the Lenders hereunder or under any other Loan Document, the Agent may (but shall not be required to), if the Borrower has not done so within ten days of the Agent's written request, ) perform, pay, satisfy, discharge or bond the same for the account of the Borrower, and all amounts so paid by the Agent or the Lenders shall be treated as an Agent Loan or a Revolving Credit Loan, as the case may be, Loan comprised of Base Rate Advances hereunder and shall constitute part of the Obligations.
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