Lender's Right to Cure. If Borrower should fail to comply with any of their agreements, covenants or obligations under any Credit Document, then Lender (in Borrower's name or in Lender's own name) may perform them or cause them to be performed for Borrower's account and at Borrower's expense, but shall have no obligation to perform any of them or cause them to be performed. Any and all expenses thus incurred or paid by Lender shall be Borrower's obligations to Lender due and payable on demand, and each shall bear interest from the date Lender pays it until the date Borrower repays it to Lender, at the Past Due Rate. Upon making any such payment or incurring any such expense, Lender shall be fully and automatically subrogated to all of the rights of the person, corporation or body politic receiving such payment. Any amounts owing by Borrower to Lender pursuant to this or any other provision of this Agreement shall be secured by all instruments securing the Notes. The amount and nature of any such expense and the time when it was paid shall be fully established by the affidavit of Lender or any of Lender's officers or agents. The exercise of the privileges granted to Lender in this Paragraph shall in no event be considered or constitute a cure of the default or a waiver of Lender's right at any time after an Event of Default to declare the Notes to be at once due and payable, but is cumulative of such right and of all other rights given by this Agreement, the Notes and the Credit Documents and of all rights given Lender by law.
Appears in 1 contract
Samples: Loan Agreement (Surrey Inc)
Lender's Right to Cure. If any Borrower should fail to comply with any of their its agreements, covenants or obligations under any Credit DocumentPaper, then Lender (in such Borrower's name or in Lender's own name) may perform them or cause them to be performed for such Borrower's account and at such Borrower's expense, but shall have no obligation to perform any of them or cause them to be performed. Any and all expenses thus incurred or paid by Lender shall be Borrower's Borrowers' joint and several obligations to Lender due and payable on demand, or if no demand is sooner made, then they shall be due and payable on, or at Borrowers' election anytime before, four (4) years after the respective dates on which they were incurred, and each shall bear interest from the date Lender pays it until five (5) Business Days after Lender bills Borrower therefor at the Stated Rate and from five (5) Business Days after Lender bills Borrower therefor until the date Borrower repays Borrowers repay it to Lender, Lender at the Past Due Rate. Upon making any such payment or incurring any such expense, Lender shall be fully and automatically subrogated to all of the rights of the person, corporation or body politic receiving such payment. Any amounts owing by Borrower Borrowers, or any of them, to Lender pursuant to this or any other provision of this Agreement shall be secured by all instruments securing the NotesNote. The amount and nature of any such expense and the time when it was paid shall be fully established by the affidavit of Lender or any of Lender's officers or agents. The exercise of the privileges granted to Lender in this Paragraph Section shall in no event be considered or constitute a cure of the default or a waiver of Lender's right at any time after an Event of Default to declare the Notes Note to be at once due and payable, but is cumulative of such right and of all other rights given by this Agreement, the Notes Note and the Credit Documents Papers and of all rights given Lender by law.
Appears in 1 contract
Samples: Loan Agreement (American Business Financial Services Inc /De/)
Lender's Right to Cure. If Borrower or any other Obligor should fail to comply with any of their its agreements, covenants or obligations under any Credit Document, then after reasonable notice thereof to Borrower, Lender (in Borrower's the name of Borrower or such other applicable Obligor or in Lender's own name) may perform them or cause them to be performed for Borrower's account and at Borrower's expense, but shall have no obligation to perform any of them or cause them to be performed. Any and all expenses thus incurred or paid by Lender shall be Borrower's obligations to Lender due and payable on demand, and each shall bear interest from the date Lender pays it until the date Borrower repays it to Lender, Lender at the Past Due Default Rate. Upon making any such payment or incurring any such expense, Lender shall be fully and automatically subrogated to all of the rights of the person, corporation or body politic receiving such payment. Any amounts owing by Borrower to Lender pursuant to this or any other provision of this Agreement shall be secured by all instruments securing the NotesSecurity Dcouments. The amount and nature of any such expense and the time when it was paid shall be fully established by the affidavit of Lender or any of Lender's officers or agents. The exercise of the privileges granted to Lender in this Paragraph Section shall in no event be considered or constitute a cure of the default or a waiver of Lender's right at any time after an Event of Default that is then continuing to declare the Notes Note to be at once due and payable, but is cumulative of such right and of all other rights given by this Agreement, the Notes Note and the Credit Documents and of all rights given Lender by law.
Appears in 1 contract
Lender's Right to Cure. If Borrower any Obligor should fail to comply with any of their its agreements, covenants or obligations under any Credit Document, then Lender (in Borrower's the applicable Obligor’s name or in Lender's ’s own name) may perform them or cause them to be performed for Borrower's ’s account and at Borrower's ’s expense, but shall have no obligation to perform any of them or cause them to be performed. Any and all expenses thus incurred or paid by Lender shall be Borrower's ’s obligations to Lender due and payable on demand, and each shall bear interest from the date Lender pays it until the date Borrower repays it to Lender, Lender at the Past Due Default Rate. Upon making any such payment or incurring any such expense, Lender shall be fully and automatically subrogated to all of the rights of the person, corporation or body politic receiving such payment. Any amounts owing by Borrower to Lender pursuant to this or any other provision of this Agreement shall be secured by all instruments securing the Notes. The amount and nature of any such expense and the time when it was paid shall be fully established by the affidavit of Lender or any of Lender's ’s officers or agents. The exercise of the privileges granted to Lender in this Paragraph Section shall in no event be considered or constitute a cure of the default or a waiver of Lender's ’s right at any time after an Event of Default to declare one or more of the Notes to be at once due and payable, but is cumulative of such right and of all other rights given by this Agreement, the Notes and the Credit Documents and of all rights given Lender by law.
Appears in 1 contract
Lender's Right to Cure. If Borrower Obligors should fail to comply with any of their agreements, covenants or obligations under any Credit Document, then Lender (in Borrowerthe applicable Obligor's name or in Lender's own name) may perform them or cause them to be performed for Borrower's account and at Borrower's expense, but shall have no obligation to perform any of them or cause them to be performed. Any and all expenses thus incurred or paid by Lender shall be Borrower's obligations to Lender due and payable on demand, or if no demand is sooner made, then they shall be due on or before four (4) years after the respective dates on which they were incurred, and each shall bear interest from the date Lender pays it until the date Borrower repays it to Lender, at the Past Due Rate. Upon making any such payment or incurring any such expense, Lender shall be fully and automatically subrogated to all of the rights of the person, corporation or body politic receiving such payment. Any amounts owing by Borrower to Lender pursuant to this or any other provision of this Agreement shall be secured by all instruments securing the NotesNote. The amount and nature of any such expense and the time when it was paid shall be fully established by the affidavit of Lender or any of Lender's officers or agents. The exercise of the privileges granted to Lender in this Paragraph shall in no event be considered or constitute a cure of the default or a waiver of Lender's right at any time after an Event of Default to declare the Notes Note to be at once due and payable, but is cumulative of such right and of all other rights given by this Agreement, the Notes Note and the Credit Documents and of all rights given Lender by law.
Appears in 1 contract
Samples: Loan Agreement (Evans Systems Inc)
Lender's Right to Cure. If Borrower or any of its Subsidiaries should fail to comply with any of their its material agreements, covenants or obligations under any Credit Document, then Lender (in Borrower's the name of Borrower or its applicable Subsidiary or in Lender's ’s own name) may perform them or cause them to be performed for Borrower's ’s account and at Borrower's ’s expense, but shall have no obligation to perform any of them or cause them to be performed. Any and all reasonable expenses thus incurred or paid by Lender shall be Borrower's ’s obligations to Lender due and payable on demand, and each shall bear interest from the date Lender pays it until the date Borrower repays it to Lender, Lender at the Past Due Default Rate. Upon making any such payment or incurring any such expense, Lender shall be fully and automatically subrogated to all of the rights of the person, corporation or body politic receiving such payment. Any amounts owing by Borrower to Lender pursuant to this or any other provision of this Agreement shall be secured by all instruments securing the NotesNote. The amount and nature of any such expense and the time when it was paid shall be fully established by the affidavit of Lender or any of Lender's ’s officers or agents. The exercise of the privileges granted to Lender in this Paragraph Section shall in no event be considered or constitute a cure of the default or a waiver of Lender's ’s right at any time after an Event of Default that is then continuing to declare the Notes Note to be at once due and payable, but is cumulative of such right and of all other rights given by this Agreement, the Notes Note and the Credit Documents and of all rights given Lender by law.
Appears in 1 contract
Samples: Credit Agreement (Luminex Corp)
Lender's Right to Cure. If Borrower should fail to comply with any of their agreements, covenants or obligations under any Credit Document, then Lender (in Borrower's name or in Lender's own name) may perform them or cause them to be performed for Borrower's account and at Borrower's expense, but shall have no obligation to perform any of them or cause them to be performed. Any and all expenses thus incurred or paid by Lender shall be Borrower's obligations to Lender due and payable on demand, and each shall bear interest from the date Lender pays it until the date Borrower repays it to Lender, at the Past Due Rate. Upon making any such payment or incurring any such expense, Lender shall be fully and automatically subrogated to all of the rights of the person, corporation or body politic receiving such payment. Any amounts owing by Borrower to Lender pursuant to this or any other provision of this Agreement paragraph shall be secured by all instruments securing any of the Notes. The amount and nature of any such expense and the time when it was paid shall be fully established by the affidavit of Lender or any of Lender's officers or agents. The exercise of the privileges granted to Lender in this Paragraph shall in no event be considered or constitute a cure of the default or a waiver of Lender's right at any time after an Event of Default to declare the Notes to be at once due and payable, but is cumulative of such right and of all other rights given by this Agreement, the Notes and the Credit Documents and of all rights given Lender by law.
Appears in 1 contract
Samples: Loan Agreement (Maxserv Inc)