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

LENDER'S PAYMENT OF CLAIMS ASSERTED AGAINST BORROWER. Lender may, but shall not be obligated to, at any time or times hereafter, in its sole discretion, and without waiving any Default or Event of Default or waiving or releasing any obligation, liability or duty of Borrower under this Agreement or the Ancillary Agreements, pay, acquire or accept an assignment of any security interest, lien, claim or other encumbrance asserted by any Person against the Collateral. All sums paid by Lender under this Section 6.8, including all costs, fees (including without limitation reasonable attorneys' fees and paralegals' fees and court costs), expenses and other charges relating thereto, shall be payable by Borrower to Lender on demand and shall be additional Liabilities secured by the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Solo Serve Corp)

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LENDER'S PAYMENT OF CLAIMS ASSERTED AGAINST BORROWER. Upon and during the continuation of an Event of Default, Lender may, but shall not be obligated to, at any time or times hereafter, in its sole discretion, and without waiving any Default or Event of Default or waiving or releasing any obligation, liability or duty of Borrower under this Agreement or the Ancillary Agreements, pay, acquire or accept an assignment of any security interest, lien, claim or other encumbrance asserted by any Person against the Collateral. All sums paid by Lender under this Section 6.85.7, including all costs, fees (including without limitation reasonable attorneys' fees attorney's and paralegals' fees and court costs), expenses and other charges relating thereto, shall be payable by Borrower to Lender on demand and shall be additional Liabilities secured by the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Diana Corp)

LENDER'S PAYMENT OF CLAIMS ASSERTED AGAINST BORROWER. Lender may, but shall not be obligated to, at any time or times hereafter, in its sole discretion, and without waiving any Default or Event of Default or waiving or releasing any obligation, liability or duty of Borrower under this Agreement or the Ancillary Agreements, pay, acquire or accept an assignment of any security interest, lien, claim or other encumbrance asserted by any and Person against the Collateral. All sums paid by Lender under this Section 6.85.6, including all costs, fees (including without limitation reasonable attorneys' fees attorney's and paralegals' fees and court costs), expenses and other charges relating theretorelated charges, shall be payable by Borrower to Lender on demand and shall be additional Liabilities secured by the Collateral.

Appears in 1 contract

Samples: Purchase of Accounts and Security Agreement (Bam Entertainment Inc)

LENDER'S PAYMENT OF CLAIMS ASSERTED AGAINST BORROWER. Lender may, but shall not be obligated to, at any time or times hereafter, in its sole discretion, and without waiving any Default or Event of Default or waiving or releasing any obligation, liability or duty of Borrower under this Agreement or the Ancillary Agreements, pay, acquire or accept an assignment of any security interest, lien, claim or other encumbrance asserted by any Person against the Collateral. All sums paid by Lender under this Section 6.85.7, including all costs, fees (including without limitation reasonable attorneys' fees attorney's and paralegals' fees and court costs), expenses and other charges relating thereto, shall be payable by Borrower to Lender on demand and shall be additional Liabilities secured by the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Diana Corp)

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LENDER'S PAYMENT OF CLAIMS ASSERTED AGAINST BORROWER. Lender may, but shall not be obligated to, at any time or times hereafter, in its sole reasonable discretion, and without waiving any Default or Event of Default or waiving or releasing any obligation, liability or duty of Borrower under this Agreement or the Ancillary Agreements, pay, acquire or accept an assignment of any security interest, lien, claim or other encumbrance asserted by any Person against the Collateral. All sums paid by Lender under this Section 6.85.7, including all costs, fees (including without limitation reasonable attorneys' fees and paralegals' fees and court costs), expenses and other charges relating thereto, shall be payable by Borrower to Lender on demand and shall be additional Liabilities secured by the Collateral.

Appears in 1 contract

Samples: Revolving Loan and Security Agreement (Tro Learning Inc)

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