Lender Expenses. If Borrower fails to pay any amounts or furnish any required proof of payment due to third persons or entities, as required under the terms of this Agreement, then Agent may do any or all of the following after reasonable notice to Borrower: (a) make payment of the same or any part thereof; or (b) obtain and maintain insurance policies of the type discussed in Section 6.5 of this Agreement, and take any action with respect to such policies as Agent deems prudent. Any amounts so paid or deposited by Agent shall constitute Lender Expenses, shall be immediately due and payable, shall bear interest at the then applicable rate hereinabove provided, and shall be secured by the Collateral. Any payments made by Agent shall not constitute an agreement by Agent or any Lender to make similar payments in the future or a waiver by Agent of any Event of Default under this Agreement.
Appears in 4 contracts
Samples: Loan and Security Agreement (Kala Pharmaceuticals, Inc.), Loan and Security Agreement (Kala Pharmaceuticals, Inc.), Loan and Security Agreement (Kala Pharmaceuticals, Inc.)
Lender Expenses. If any Borrower fails to pay any amounts or furnish any required proof of payment due to third persons or entitiesPersons, as required under the terms of this Agreement, then Agent Lender may do any or all of the following after reasonable notice to such Borrower: (a) make payment of the same or any part thereof; or (b) obtain and maintain insurance policies of the type discussed in Section 6.5 6.8 of this Agreement, and take any action with respect to such policies as Agent Lender deems prudent. Any amounts so paid or deposited by Agent Lender shall constitute Lender Expenses, shall be immediately due and payable, and shall bear interest at the then applicable rate hereinabove provided, and shall be secured by the Collateral. Any payments made by Agent Lender shall not constitute an agreement by Agent or any Lender to make similar payments in the future or a waiver by Agent Lender of any Event of Default under this Agreement.
Appears in 3 contracts
Samples: Loan and Security Agreement (Netratings Inc), Loan and Security Agreement (Netratings Inc), Loan and Security Agreement (Netratings Inc)
Lender Expenses. If Borrower fails to pay any amounts or furnish any required proof of payment due to third persons or entities, as required under the terms of this Agreement, then Agent Lender may do any or all of the following after reasonable notice to Borrower: (a) make payment of the same or any part thereof; or (b) obtain b)obtain and maintain insurance policies of the type discussed in Section 6.5 6.4 of this Agreement, and take any action with respect to such policies as Agent Lender deems prudent. Any amounts so paid or deposited by Agent Lender shall constitute Lender Expenses, shall be immediately due and payable, and shall bear interest at the then applicable rate hereinabove provided, and shall be secured by the Collateral. Any payments made by Agent Lender shall not constitute an agreement by Agent or any Lender to make similar payments in the future or a waiver by Agent Lender of any Event of Default under this Agreement.
Appears in 2 contracts
Samples: Loan and Security Agreement (U-Swirl, Inc.), Loan and Security Agreement (Rocky Mountain Chocolate Factory Inc)
Lender Expenses. If Borrower fails to pay any amounts or furnish any required proof of payment due to third persons or entities, as required under the terms of this Agreement, then Agent Lender may do any or all of the following after reasonable notice to Borrower: (a) make payment of the same or any part thereof; or (b) obtain and maintain insurance policies of the type discussed in Section 6.5 of this Agreement6.3, and take any action with respect to such policies as Agent Lender deems prudent. Any amounts so paid or deposited by Agent Lender shall constitute Lender Expenses, shall be immediately due and payable, shall bear interest at the then applicable rate hereinabove providedprovided and, and if the Loans hereunder are Secured Loans, shall be secured by the Collateral. Any payments made by Agent Lender shall not constitute an agreement by Agent or any Lender to make similar payments in the future or a waiver by Agent Lender of any Event of Default under this Agreement.
Appears in 2 contracts
Samples: Loan and Security Agreement (Verso Technologies Inc), Asset Purchase Agreement (Verso Technologies Inc)
Lender Expenses. If a Borrower fails to pay any amounts or furnish any required proof of payment due to third persons or entities, as required under the terms of this Agreement, then Agent may do any or all of the following after reasonable notice to BorrowerBorrowers: (a) make payment of the same or any part thereof; or (b) obtain and maintain insurance policies of the type discussed in Section 6.5 of this Agreement, and take any action with respect to such policies as Agent deems prudent. Any amounts so paid or deposited by Agent shall constitute Lender Expenses, shall be immediately due and payable, shall bear interest at the then applicable rate hereinabove provided, and shall be secured by the Collateral. Any payments made by Agent shall not constitute an agreement by Agent or any Lender to make similar payments in the future or a waiver by Agent of any Event of Default under this Agreement.
Appears in 2 contracts
Samples: Loan and Security Agreement (Asante Solutions, Inc.), Loan and Security Agreement (Asante Solutions, Inc.)
Lender Expenses. If Borrower fails to pay any amounts or furnish any required proof of payment due to third persons or entities, as required under the terms of this Agreement, then Agent Lender may do any or all of the following after reasonable notice to Borrower: (a) make payment of the same or any part thereof; or (b) obtain and maintain insurance policies of the type discussed in Section 6.5 of this Agreement, and take any action with respect to such policies as Agent Lender deems prudent. Any amounts so paid or deposited by Agent Lender shall constitute Lender Expenses, shall be immediately due and payable, and shall bear interest at the then applicable rate hereinabove provided, and shall be secured by the Collateral. Any payments made by Agent Lender shall not constitute an agreement by Agent or any Lender to make similar payments in the future or a waiver by Agent Lender of any Event of Default under this Agreement.
Appears in 2 contracts
Samples: Loan and Security Agreement (Roka BioScience, Inc.), Loan and Security Agreement (Roka BioScience, Inc.)
Lender Expenses. If any Borrower fails to pay any amounts or furnish any required proof of payment due to third persons or entitiesPersons, as required under the terms of this Agreement, then Agent Lender may do any or all of the following after reasonable notice to such Borrower: :
(a) make payment of the same or any part thereof; or (b) obtain and maintain insurance policies of the type discussed in Section 6.5 6.8 of this Agreement, and take any action with respect to such policies as Agent Lender deems prudent. Any amounts so paid or deposited by Agent Lender shall constitute Lender Expenses, shall be immediately due and payable, and shall bear interest at the then applicable rate hereinabove provided, and shall be secured by the Collateral. Any payments made by Agent Lender shall not constitute an agreement by Agent or any Lender to make similar payments in the future or a waiver by Agent Lender of any Event of Default under this Agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (Jupiter Media Metrix Inc)
Lender Expenses. If Borrower fails to pay any amounts or ---------------- furnish any required proof of payment due to third persons or entities, as required under the terms of this Agreement, then Agent Lender may do any or all of the following after reasonable notice to Borrower: (a) make payment of the same or any part thereof; or (b) obtain and maintain insurance policies of the type discussed in Section 6.5 of this Agreement, and take any action with respect to such policies as Agent Lender deems prudent. Any amounts so paid or deposited by Agent Lender shall constitute Lender Expenses, shall be immediately due and payable, and shall bear interest at the then applicable rate hereinabove provided, and shall be secured by the Collateral. Any payments made by Agent Lender shall not constitute an agreement by Agent or any Lender to make similar payments in the future or a waiver by Agent Lender of any Event of Default under this Agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (Citadel Security Software Inc)