Common use of LENDER'S PAYMENT OF CLAIMS ASSERTED AGAINST BORROWER Clause in Contracts

LENDER'S PAYMENT OF CLAIMS ASSERTED AGAINST BORROWER. Lender ---------------------------------------------------- may, at any time, in its sole discretion and without obligation to do so and without waiving or releasing any obligation, liability or duty of Borrower under the Loan Documents or any Event of Default, pay, acquire or accept an assignment of any security interest, lien, claim or encumbrance asserted by any Person against the Collateral; provided that Lender shall first give Borrower written notice of its intent to do the same, and Borrower does not, within five (5) days of such notice, pay such claim and/or obtain to Lender's reasonable satisfaction the release of the security interests, liens, claims or encumbrances to which such notice relates. All sums paid by Lender in respect thereof and all costs, fees and expenses, including reasonable attorney's fees, court costs, expenses and other charges relating thereto, which are incurred by Lender on account thereof, shall be payable by Borrower to Lender on demand by Lender and until paid shall be part of the Loan.

Appears in 1 contract

Samples: Contract Loan and Security Agreement (TFC Enterprises Inc)

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LENDER'S PAYMENT OF CLAIMS ASSERTED AGAINST BORROWER. Lender ---------------------------------------------------- may, at any time, in its sole discretion and without obligation to do so and without waiving or releasing any obligationobliga-tion, liability or duty of Borrower under the Loan Documents or any Event of Default, pay, acquire or accept an assignment of any security interest, lien, claim or encumbrance asserted by any Person against the Collateral; provided that Lender shall first give Borrower written writ-ten notice of its intent to do the same, and Borrower does not, within five (5) days of such notice, pay such claim and/or obtain to Lender's reasonable satisfaction the release of the security interests, liens, claims or encumbrances to which such notice relates. All sums paid by Lender in respect thereof and all costs, fees and expenses, including reasonable attorney's attorneys' fees, court costs, expenses and other charges relating thereto, which are incurred by Lender on account thereof, shall be payable by Borrower to Lender on demand by Lender and until paid shall be part of the Loan.

Appears in 1 contract

Samples: Registration Rights Agreement (General Acceptance Corp /In/)

LENDER'S PAYMENT OF CLAIMS ASSERTED AGAINST BORROWER. Lender ---------------------------------------------------- may, at any time, in its sole discretion and without obligation to do so and without waiving or releasing any obligation, liability or duty of Borrower under the Loan Documents or any Event of Default, pay, acquire or accept an assignment of any security interest, lien, claim or encumbrance asserted by any Person against the Collateral; provided that Lender shall first give Borrower written notice of its intent to do the same, and Borrower does not, within five (5) days of such notice, pay such claim and/or obtain to Lender's reasonable satisfaction the release of the security interests, liens, claims or encumbrances to which such notice relates. All sums paid by Lender in respect thereof and all costs, fees and expenses, including reasonable attorney's fees, court costs, expenses and other charges relating thereto, which are incurred by Lender on account thereof, shall be payable by Borrower to Lender on demand by Lender and until paid shall be part of the Loan. Section 6.8.

Appears in 1 contract

Samples: Loan and Security Agreement (TFC Enterprises Inc)

LENDER'S PAYMENT OF CLAIMS ASSERTED AGAINST BORROWER. Lender ---------------------------------------------------- may, at any time, in its sole discretion and without obligation to do so and without waiving or releasing any obligation, liability or duty of Borrower under the Loan Documents or any Event of Default, pay, acquire or accept an assignment of any security interest, lien, claim or encumbrance asserted by any Person against the Collateral; provided that Lender shall first give Borrower written notice of its intent to do the same, and Borrower does not, within five (5) days of such notice, pay such claim and/or obtain to Lender's reasonable satisfaction the release of the security interests, liens, claims or encumbrances to which such notice relates. All sums paid by Lender in respect thereof and all costs, fees and expenses, including reasonable attorney's attorneys' fees, court costs, expenses and other charges relating thereto, which are incurred by Lender on account thereof, shall be payable by Borrower to Lender on demand by Lender and until paid shall be part of the Loan.

Appears in 1 contract

Samples: Motor Vehicle Installment Contract Loan and Security Agreement (TFC Enterprises Inc)

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LENDER'S PAYMENT OF CLAIMS ASSERTED AGAINST BORROWER. Lender ---------------------------------------------------- may, at any time, in its sole discretion and without obligation to do so and without waiving or releasing any obligation, liability or duty of Borrower under the Loan Documents or any Event of Default, pay, acquire or accept an assignment of any security interest, lien, claim or encumbrance asserted by any Person against the Collateral; provided that Lender shall first give Borrower written writ-ten notice of its intent to do the same, and Borrower does not, within five (5) days of such notice, pay such claim and/or obtain to Lender's reasonable satisfaction the release of the security interests, liens, claims or encumbrances to which such notice relates. All sums paid by Lender in respect thereof and all costs, fees and expenses, including reasonable attorney's attorneys' fees, court costs, expenses and other charges relating thereto, which are incurred by Lender on account thereof, shall be payable by Borrower to Lender on demand by Lender and until paid shall be part of the Loan.

Appears in 1 contract

Samples: Motor Vehicle Installment Contract Loan and Security Agreement (Ugly Duckling Corp)

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