Payment or Performance. When the payment of any obligation or the performance of any action, covenant, duty or obligation under any Loan Document is stated to be due or performance required on a day which is not a Business Day (other than as described in the definition of “Interest Period” and in Section 2.12(b)), the date of such payment or performance shall extend to the immediately succeeding Business Day and such extension of time shall be reflected in computing interest or fees, as the case may be.
Payment or Performance. Landlord shall have the right, upon ten (10) days prior written notice to Tenant (or without notice in case of emergency or in order to avoid any fine, penalty, or cost which may otherwise be imposed or incurred), following the expiration of any applicable cure period, to make any payment or perform any act required of Tenant under any provision in this Lease, and in exercising such right, to incur necessary and incidental costs and expenses, including reasonable attorney’s fees. Nothing herein shall imply any obligation on the part of Landlord to make any payment or perform any act required of Tenant, and the exercise of the right to do so shall not constitute a release of any obligation.
Payment or Performance. Landlord shall have the right, upon ten (10) days prior written notice to Tenant (or without notice in case of emergency or in order to avoid any fine, penalty, or cost which may otherwise be imposed or incurred), to make any payment or perform any act required of Tenant under any provision in this Lease, and in exercising such right, to incur necessary and incidental costs and expenses, including reasonable attorney’s fees. Nothing herein shall imply any obligation on the part of Landlord to make any payment or perform any act required of Tenant, and the exercise of the right to do so shall not constitute a release of any obligation, waiver of any default or obligation of Landlord to make any similar payment or perform any similar act in the future.
Payment or Performance. The Design-Builder fails, refuses or otherwise defaults in its duty (a) to pay any amount required to be paid to the Owner under this Design-Build Agreement within 60 days following the due date for such payment, or (b) to perform any material obligation under this Design-Build Agreement (unless such default is excused by an Uncontrollable Circumstance as and to the extent provided herein). No event set forth in this subsection (B) shall constitute an Event of Default giving the Owner the right to terminate this Design-Build Agreement for cause under this subsection unless:
Payment or Performance. In the event of any failure by Parent to pay or perform any Obligation when due in accordance with the terms of the Merger Agreement, Guarantor hereby agrees that, upon receipt of written notice from the Company of such failure, Guarantor shall promptly (but in any event within five (5) Business Days following such notice) pay or perform such Obligation in accordance with the terms of the Merger Agreement; provided, however, that Guarantor shall not be required to pay or perform any Obligation while the validity or existence of such Obligation is being disputed in good faith by Parent in accordance with the terms of the Merger Agreement. All sums payable by Guarantor hereunder shall be paid in United States currency in immediately available funds. In furtherance of the foregoing, the Guarantor acknowledges that the Company may, in its sole discretion, bring and prosecute a separate action or actions against the Guarantor to enforce this Guarantee for such amount, regardless of whether any action is brought against Parent or Merger Sub or whether Parent or Merger Sub is joined in any such action.
Payment or Performance. Following tenant’s default and failure to cure within applicable cure period after receipt of written notice from Landlord, Landlord shall have the right, upon ten (10) days prior written notice to Tenant (or without notice in the case of emergency) to make any payment or perform any act required of Tenant under any provision in this Lease, and in exercising such right, to incur necessary and incidental costs and expenses, including reasonable attorneys’ fees. Nothing herein shall imply any obligation on the part of Landlord to make any payment or perform any act required of Tenant, and the exercise of the right to do so shall not constitute a release of any obligation, waiver of any default or obligation of Landlord to make any similar payment or perform any similar act in the future.
Payment or Performance. The Company shall pay, perform or otherwise ---------------------- satisfy the Obligations, when the same shall become due, at term or otherwise.
Payment or Performance. Landlord shall have the right, upon ten (10) days prior written notice to Tenant (or without notice in case of emergency or in order to avoid any fine, penalty, or cost which may otherwise be imposed or incurred, or without notice given the circumstances in connection with the issuance of parking passes pursuant to this Lease), to make any payment or perform any act required of Tenant under any provision in this Lease, and in exercising such right, to incur necessary and incidental costs and expenses, including reasonable attorney's fees. Nothing herein shall imply any obligation on the part of Landlord to make any payment or perform any act required of Tenant, and the exercise of the right to do so shall not constitute a release of any obligation, waiver of any default or obligation of Landlord to make any similar payment or perform any similar act in the future. All payments made, and all costs and expenses incurred in connection with Landlord's exercise of the right set forth in this Section, shall be reimbursed by Tenant within ten (10) days after receipt of a bill xxxting forth the amounts so expended, together with interest at the Stipulated Rate from the date such sums are incurred by Landlord. Any such payments, costs and expenses made or incurred by Landlord shall be treated as Additional Rent owed by Tenant.
Payment or Performance. (a) If Borrower defaults in the payment of any principal of or interest on the Note or of any other amount payable hereunder or under any of the other Credit Documents or under any other Indebtedness to Bank, either by the terms hereof or thereof or otherwise as herein or therein provided; or
Payment or Performance. Landlord shall have the right at any time, upon ten (10) days notice to the Tenant (or without notice in case of emergency or in case any fine, penalty, Landlord initials ????? ------------- Tenant initials ????? ------------- 15 interest or cost may otherwise be imposed or incurred) given following expiration of any applicable cure period, to make any payment or perform any act required of Tenant under any provision in this Lease, and in exercising such right, to incur necessary and incidental costs and expenses, including reasonable counsel fees. Nothing herein shall imply any obligation on the part of Landlord to make any payment or perform any act required of Tenant, and the exercise of the right to so do shall not constitute a release of any obligation or a waiver of any default.
