Common use of Mortgagee's Right to Perform Clause in Contracts

Mortgagee's Right to Perform. If Xxxxxxxxx fails to perform any of the covenants or agreements of Mortgagor (other than with respect to the failure to maintain insurance as required hereunder, in which case Mortgagee can immediately perform), and such failure constitutes an Event of Default, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, Mortgagee 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 rate provided for in the Credit Agreement, shall immediately, upon notice to Mortgagor, be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section 12 shall be deemed or construed to cure Mortgagor's default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Xxxxxxxxx Mortgagor fails to perform any of the covenants or agreements of Mortgagor (other than with respect to Mortgagor, within the failure to maintain insurance as required hereunderapplicable grace period, if any, provided for in which case Mortgagee can immediately perform)the Credit Agreement or in this Mortgage, and such failure constitutes an Event Mortgagee, acting at the direction of Defaultthe Majority Holders, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, Mortgagee may, at any time upon 10 days' written notice to Mortgagor (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the rate provided for in the Credit AgreementDefault Rate, shall immediately, upon notice to Mortgagor, immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in in, or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section 12 shall be deemed or construed to cure Mortgagor's ’s default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Xxxxxxxxx Mortgagor fails to perform any of the covenants or agreements of Mortgagor (other than with respect to the failure to maintain insurance as required hereunderMortgagor, in which case Mortgagee can immediately perform), and such failure constitutes an Event of DefaultMortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, Mortgagee may, at any time (but shall be under no obligation to) upon simultaneous notice to Mortgagor (without notice to Mortgagor if any Event of Default has occurred and is continuing), pay or perform the samesame (including entering upon the Premises to exercise any such right, power or remedy), and the amount or cost thereof, with interest at the rate provided for in the Credit AgreementDefault Rate, shall immediately, upon notice to Mortgagor, immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section 12 shall be deemed or construed to cure Mortgagor's ’s default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Xxxxxxxxx Mortgagor fails to perform any of the covenants or agreements of Mortgagor (other than with respect to the failure to maintain insurance as required hereunder, in which case Mortgagee can immediately perform), and such failure constitutes an Event of Default, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, Mortgagee 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 rate provided for in the Credit Agreement, shall immediately, upon notice to Mortgagor, be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section 12 shall be deemed or construed to cure Mortgagor's default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Xxxxxxxxx Mortgagor fails to perform any of the covenants or agreements of Mortgagor (other than with respect to Mortgagor, within the failure to maintain insurance as required hereunderapplicable grace period, if any, provided for in which case Mortgagee can immediately perform)the Credit Agreement or the Guarantee and Collateral Agreement, and such failure constitutes an Event of DefaultMortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, Mortgagee may, at any time upon 5 days’ notice to Mortgagor (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the rate provided for in the Credit AgreementDefault Rate, shall immediately, upon notice to Mortgagor, immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in in, or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section 12 shall be deemed or construed to cure Mortgagor's ’s default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Xxxxxxxxx Mortgagor fails to perform any of the covenants or agreements of Mortgagor (other than with respect to Mortgagor, within the failure to maintain insurance applicable grace period, if any, provided for in this Mortgage or the Loan Agreement, as required hereunderapplicable, in which case Mortgagee can immediately perform), and such failure constitutes an Event of DefaultMortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, Mortgagee may, at any time upon 5 days' notice to Mortgagor (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the rate provided for in the Credit AgreementDefault Rate, shall immediately, upon notice to Mortgagor, immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in in, or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section 12 shall be deemed or construed to cure Mortgagor's default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Xxxxxxxxx Mortgagor fails to perform any of the covenants or agreements of Mortgagor (other than with respect to the failure to maintain insurance as required hereunder, in which case Mortgagee can immediately perform), and such failure constitutes after an Event of DefaultDefault shall have occurred and be continuing, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, Mortgagee with reasonable efforts to provide simultaneous written notice to Mortgagor, 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 rate provided for in the Credit AgreementDefault Rate, shall immediately, upon notice to Mortgagor, immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section 12 shall be deemed or construed to cure Mortgagor's default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Xxxxxxxxx Mortgagor fails to perform any of the covenants or agreements of Mortgagor (other than with respect to under this Mortgage, within the failure to maintain insurance as required hereunderapplicable grace period, if any, provided for in which case Mortgagee can immediately perform)this Mortgage or in the Credit Agreement, and such failure constitutes an Event of DefaultMortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, Mortgagee may, at any time upon 10 days’ written notice to Mortgagor (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the rate provided for in the Credit AgreementDefault Rate, shall immediately, upon notice to Mortgagor, immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in in, or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section 12 shall be deemed or construed to cure Mortgagor's ’s default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Xxxxxxxxx Mortgagor fails to perform any of the covenants or agreements of Mortgagor (other than with respect to the failure to maintain insurance as required hereunder, in which case Mortgagee can immediately perform), and such failure constitutes an Event of Default, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, Mortgagee 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 rate provided for in Section 2.08 of the Credit Agreement, shall immediately, upon notice to Mortgagor, immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section 12 shall be deemed or construed to cure Mortgagor's ’s default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Xxxxxxxxx Mortgagor fails to perform any of the covenants or agreements of Mortgagor (other than with respect to the failure to maintain insurance as required hereunder, in which case Mortgagee can immediately perform), and such failure constitutes an Event of Default, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, Mortgagee 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 rate provided for in Section 2.08 of the Credit Agreement, shall immediately, upon notice to Mortgagor, immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section 12 shall be deemed or construed to cure Mortgagor's ’s default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Xxxxxxxxx Mortgagor fails to perform any of the covenants or agreements of Mortgagor (other than with with, respect to the failure to maintain insurance as required hereunder, in which case Mortgagee can immediately perform), and such failure constitutes an an. Event of Default, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, Mortgagee 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 rate provided for in Section 2.08 of the Credit Agreement, shall immediately, upon notice to Mortgagor, immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in or claim upon the Mortgaged Mortgaged. Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section 12 shall be deemed or construed to cure Mortgagor's ’s default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Xxxxxxxxx Mortgagor fails to perform any of the covenants or agreements of Mortgagor (other than with respect to the failure to maintain insurance as required hereunder, in which case Mortgagee can immediately perform), and such failure constitutes an Event of Default, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, Mortgagee 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 rate provided for in Section 2.08 of the Credit Agreement, shall immediately, upon notice to Mortgagor, immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Mortgaged. Property prior to any right, title to, interest in or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section 12 shall be deemed or construed to cure Mortgagor's ’s default or waive any right or remedy of Mortgagee.. Tolland County, CT

Mortgagee's Right to Perform. If Xxxxxxxxx Mortgagor fails to perform any of the covenants or agreements of Mortgagor (other than with respect to the failure to maintain insurance as required hereunder, in which case Mortgagee can immediately perform), and such failure constitutes an Event of Default, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, Mortgagee 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 rate provided for in Section 2.14(c) of the Credit Agreement, shall immediately, upon notice to Mortgagor, immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section 12 shall be deemed or construed to cure Mortgagor's ’s default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Xxxxxxxxx Mortgagor fails to perform any of the covenants or agreements of Mortgagor (other than with respect to the failure to maintain insurance as required hereunder, in which case Mortgagee can immediately perform), and such failure constitutes an Event of Default, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, Mortgagee 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 rate provided for in the Credit Agreement, shall immediately, upon notice to Mortgagor, be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in or claim upon the Mortgaged Property attaching subsequent to the lien and security title of this Mortgage. No payment or advance of money by Mortgagee under this Section 12 shall be deemed or construed to cure Mortgagor's default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Xxxxxxxxx Mortgagor fails to perform any of the covenants or agreements of Mortgagor (other than with respect to Mortgagor, within the failure to maintain insurance as required hereunderapplicable grace period, if any, provided for in which case Mortgagee can immediately perform)the Credit Agreement or the Guarantee and Collateral Agreement, and such failure constitutes an Event of DefaultMortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, Mortgagee may, at any time upon 5 days' notice to Mortgagor (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the rate provided for in the Credit AgreementDefault Rate, shall immediately, upon notice to Mortgagor, immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in in, or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section 12 shall be deemed or construed to cure Mortgagor's default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Xxxxxxxxx Mortgagor fails to perform any of the covenants or agreements of Mortgagor (other than with respect to under this Mortgage, within the failure to maintain insurance as required hereunderapplicable grace period, if any, provided for in which case Mortgagee can immediately perform)this Mortgage or in the Revolving Credit Agreement, and such failure constitutes an Event of DefaultMortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, Mortgagee may, at any time upon 10 days’ written notice to Mortgagor (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the rate provided for in the Credit AgreementDefault Rate, shall immediately, upon notice to Mortgagor, immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in in, or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section 12 shall be deemed or construed to cure Mortgagor's ’s default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Xxxxxxxxx fails to perform any Upon the occurrence and continuance of the covenants or agreements an Event of Mortgagor (other than Default with respect to the failure to maintain insurance as required hereunderperformance of any of the Obligations contained herein, in which case Mortgagee can immediately perform), and such failure constitutes an Event of DefaultMortgagee, without waiving or releasing Mortgagor Mortgagors from any obligation Obligation or default Default under this Mortgage, Mortgagee mayafter delivery of notice thereof to Mortgagors, may (but shall not be obligated to), 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 rate provided for in Default Rate from the Credit Agreement, date of payment by Mortgagee to the date such amount is paid by Mortgagors shall immediately, upon notice to Mortgagor, immediately be due from Mortgagor Mortgagors to Mortgagee Mortgagee, and the same shall be secured by this Mortgage and shall be a lien Lien on the Mortgaged Property prior to any right, title to, interest in or claim upon the Mortgaged Property attaching subsequent to the lien Lien of this Mortgage. No payment or advance of money by Mortgagee under this Section 12 14 shall be deemed or construed to cure Mortgagor's default Mortgagors' Default or waive any right or remedy of MortgageeMortgagee hereunder.

Mortgagee's Right to Perform. If Xxxxxxxxx Mortgagor fails to perform any of the covenants or agreements of Mortgagor (other than with respect to the failure to maintain insurance as required hereunder, in which case Mortgagee can immediately perform), and such failure constitutes an Event of Default, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, Mortgagee 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 rate provided for in Section 2.08 of the Credit Agreement, shall immediately, upon notice to Mortgagor, immediately be due from Mortgagor to Mortgagee and the same shall be secured by this this. Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest New Haven County, CT in or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section 12 shall be deemed or construed to cure Mortgagor's ’s default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Xxxxxxxxx fails to perform any Upon the occurrence and during the continuance of the covenants or agreements an Event of Mortgagor (other than Default with respect to the failure to maintain insurance as required hereunderperformance of any of the Obligations contained herein, in which case Mortgagee can immediately perform), and such failure constitutes an Event of Defaultmay, without waiving or releasing Mortgagor from any obligation Obligation or default Default under this Mortgage, Mortgagee maybut shall not be obligated to, 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 rate provided for in Default Rate from the Credit Agreementdate of payment by Mortgagee to the date such amount is paid by Mortgagor, shall immediately, upon notice to Mortgagor, immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien Lien on the Mortgaged Property prior to any right, title to, interest in or claim upon the Mortgaged Property attaching subsequent to the lien Lien of this MortgageMortgage (subject to the provisions of Section 11(d) hereof). No payment or advance of money by Mortgagee under this Section 12 16 shall be deemed or construed to cure Mortgagor's default Default or waive any right or remedy of MortgageeMortgagee hereunder.

Mortgagee's Right to Perform. If Xxxxxxxxx Mortgagor fails to perform any of the covenants or agreements of Mortgagor (other than with respect to the failure to maintain insurance as required hereunder, in which case Mortgagee can immediately perform), and such failure constitutes an Event of Default, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, Mortgagee 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 rate provided for in Section 2.16(c) of the Credit Agreement, shall immediately, upon notice to Mortgagor, immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section 12 shall be deemed or construed to cure Mortgagor's ’s default or waive any right or remedy of Mortgagee.