Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of Mortgagor, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, may, at any time (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be an encumbrance on the Mortgaged Property prior to any right, title to, interest in or claim upon the Mortgaged Property attaching subsequent to the date of this Mortgage. No payment or advance of money by Mortgagee under this Section shall be deemed or construed to cure Mortgagor's default or waive any right or remedy of Mortgagee.
Appears in 13 contracts
Samples: Mortgage Assignment of Rents and Leases, Security Agreement and Fixture Filing (Ev International Inc), Combination Mortgage, Assignment of Rents, Security Agreement and Financing Statement (Telex Communications Inc), Combination Mortgage, Assignment of Rents, Security Agreement and Financing Statement (Telex Communications Inc)
Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of Mortgagor, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, may, at any time (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be an encumbrance a lien on the Mortgaged Property prior to any right, title to, interest in or claim upon the Mortgaged Property attaching subsequent to the date lien of this Mortgage. No payment or advance of money by Mortgagee under this Section shall be deemed or construed to cure Mortgagor's default or waive any right or remedy of Mortgagee.
Appears in 3 contracts
Samples: Credit Agreement (Us Office Products Co), Credit Agreement (Tenneco Automotive Inc), Credit Agreement (Laidlaw Environmental Services Inc)
Mortgagee's Right to Perform. If Mortgagor fails to ---------------------------- perform any of the covenants or agreements of Mortgagor, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, may, at any time (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be an encumbrance on the Mortgaged Property prior to any right, title to, interest in or claim upon the Mortgaged Property attaching subsequent to the date of this Mortgage. No payment or advance of money by Mortgagee under this Section shall be deemed or construed to cure Mortgagor's default or waive any right or remedy of Mortgagee.
Appears in 2 contracts
Samples: Demand Loan Agreement (Safety Kleen Corp/), Mortgage, Assignment of Rents and Leases and Security Agreement (Safety Kleen Corp/)
Mortgagee's Right to Perform. If Mortgagor fails to Upon the occurrence and during the continuation of an Event of Default, Mortgagee may, at any time, but shall be under no obligation to, pay or perform any of the covenants or agreements of Mortgagor, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, may, at any time (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be an encumbrance on the Mortgaged Property prior to any right, title to, interest in or claim upon the Mortgaged Property attaching subsequent to the date of this Mortgage. No payment or advance of money by Mortgagee under this Section shall be deemed or construed to cure Mortgagor's ’s default or waive any right or remedy of Mortgagee.
Appears in 2 contracts
Samples: Indenture (Horsehead Holding Corp), Revolving Credit and Security Agreement (Horsehead Holding Corp)
Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of Mortgagor, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, may, at any time (but shall be under no obligation to) pay or perform the samesame after five (5) days' notice to Mortgagor, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be an encumbrance a lien on the Mortgaged Property prior to any right, title to, interest in or claim upon the Mortgaged Property attaching subsequent to the date lien of this Mortgage. No payment or advance of money by Mortgagee under this Section shall be deemed or construed to cure Mortgagor's default or waive any right or remedy of Mortgagee.
Appears in 1 contract
Samples: Credit Agreement (Campfire Inc)
Mortgagee's Right to Perform. If Upon the occurrence of an Event of Default, Mortgagee, without waiving, or releasing Mortgagor fails to from, any Event of Default under this Mortgage, may (but shall be under no obligation to), at any time perform any of the covenants or agreements of Mortgagor, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, may, at any time (but shall be under no obligation to) pay or perform the samehereunder, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due from Mortgagor to Mortgagee Mortgagee, and the same shall be secured by this Mortgage and shall be an encumbrance a lien on the Mortgaged Property prior to any right, title to, interest in or claim upon the Mortgaged Property attaching subsequent to the date lien of this Mortgage. No payment or advance of money by Mortgagee under this Section Article shall be deemed or construed to cure Mortgagor's default or waive any right or remedy of MortgageeMortgagee hereunder.
Appears in 1 contract
Samples: Mortgage (Cogen Technologies Inc)
Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of Mortgagor, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, may, at any time (but shall be under no obligation to) to pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be an encumbrance a lien on the Mortgaged Property prior to any right, title to, interest in or claim upon the Mortgaged Property attaching subsequent to the date lien of this Mortgage. No payment or advance of money by Mortgagee under this Section shall be deemed or construed to cure Mortgagor's default or waive any right or remedy of Mortgagee.
Appears in 1 contract
Samples: Indenture (Harvard Industries Inc)
Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of MortgagorMortgagor after an Event of Default shall have occurred and be continuing, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, may, at any time (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be an encumbrance a lien on the Mortgaged Property prior to any right, title to, interest in or claim upon the Mortgaged Property attaching subsequent to the date lien of this Mortgage. No payment or advance of money by Mortgagee under this Section shall be deemed or construed to cure Mortgagor's default or waive any right or remedy of Mortgagee.
Appears in 1 contract
Samples: Intercompany Note (Essex Group Inc)
Mortgagee's Right to Perform. If Upon the occurrence and during the continuance of an Event of Default, Mortgagee, without waiving, or releasing Mortgagor fails to from, any Event of Default under this Mortgage, may (but shall be under no obligation to), at any time perform any of the covenants or agreements of Mortgagor, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, may, at any time (but shall be under no obligation to) pay or perform the samehereunder, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due from Mortgagor to Mortgagee Mortgagee, and the same shall be secured by this Mortgage and shall be an encumbrance a lien on the Mortgaged Property prior to any right, title to, interest in or claim upon the Mortgaged Property attaching subsequent to the date lien of this Mortgage. No payment or advance of money by Mortgagee under this Section Article shall be deemed or construed to cure Mortgagor's default or waive any right or remedy of MortgageeMortgagee hereunder.
Appears in 1 contract
Samples: Mortgage (Cogen Technologies Inc)
Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of Mortgagor, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, may, at any time (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be an encumbrance on the Mortgaged Property prior to any right, title to, interest in or claim upon the Mortgaged Property attaching subsequent to the date of this Mortgage. No payment or advance of money by Mortgagee under this Section 19 18 shall be deemed or construed to cure Mortgagor's default or waive any right or remedy of Mortgagee.
Appears in 1 contract
Samples: Mortgage (Telex Communications Inc)
Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of MortgagorMortgagor within the time period provided herein for such performance, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, may, at any time (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be an encumbrance a lien on the Mortgaged Property prior to any right, title to, interest in or claim upon the Mortgaged Property attaching subsequent to the date lien of this Mortgage. No payment or advance of money by Mortgagee under this Section shall be deemed or construed to cure Mortgagor's default or waive any right or remedy of Mortgagee.
Appears in 1 contract