Common use of Performance by Administrative Agent Clause in Contracts

Performance by Administrative Agent. If any covenant, duty, or agreement of any Company is not performed in accordance with the terms of the Loan Papers, the Administrative Agent may, at its option (but subject to the approval of the Majority Lenders), perform or attempt to perform such covenant, duty, or agreement on behalf of such Company. In such event, any amount expended by the Administrative Agent in such performance or attempted performance shall be reasonable, payable by the Borrower to the Administrative Agent on demand, shall become part of the Obligation, and shall bear interest at the Default Rate from the date of such expenditure by the Administrative Agent until paid. Notwithstanding the foregoing, it is expressly understood that the Administrative Agent does not assume and shall never have, except by its express written consent, any liability or responsibility for the performance of any covenant, duty, or agreement of any Company.

Performance by Administrative Agent. If any covenant, duty, or agreement of any Company is not performed in accordance with the terms of the Loan Papers, the Administrative Agent may, while a Default exists, at its option (but subject to the approval of the Majority Required Lenders), perform perform, or attempt to perform such that covenant, duty, or agreement on behalf of such Company. In such event, that Company (and any amount expended by the Administrative Agent in such its performance or attempted performance shall be reasonable, is payable by the Borrower Companies, jointly and severally, to the Administrative Agent on demand, shall become becomes part of the Obligation, and shall bear bears interest at the Default Rate from the date of such Administrative Agent’s expenditure by the Administrative Agent until paid). Notwithstanding the foregoingHowever, it is expressly understood that the Administrative Agent does not assume and shall never have, except by its express written consent, any liability or responsibility for the performance of any covenant, duty, or agreement of any Company.

Performance by Administrative Agent. If any Company’s covenant, duty, or agreement of any Company is not performed in accordance with the terms of the Loan PapersDocuments, the Administrative Agent may, while a Default exists, at its option (but subject to the approval of the Majority Determining Lenders), perform or attempt to perform such that covenant, duty, or agreement on behalf of such Company. In such event, that Company (and any amount expended by the Administrative Agent in such its performance or attempted performance shall be reasonable, is payable by the Borrower Companies, jointly and severally, to the Administrative Agent on demand, shall become becomes part of the Obligation, and shall bear bears interest at the Default Rate from the date of such Administrative Agent’s expenditure by the Administrative Agent until paid). Notwithstanding the foregoingHowever, it is expressly understood that the Administrative Agent does not assume and shall never have, except by its express written consent, any liability or responsibility for the performance of any covenantCompany’s covenants, dutyduties, or agreement of any Companyagreements.

Performance by Administrative Agent. If any covenant, duty, duty or agreement of any Company is not performed in accordance with the terms of the Loan Papers, the Administrative Agent may, while a Default exists, at its option (but subject to the approval of the Majority Lenders), perform or attempt to perform such that covenant, duty, duty or agreement on behalf of such Company. In such event, that Company (and any amount expended by the Administrative Agent in such its performance or attempted performance shall be reasonable, is payable by the Borrower Companies, jointly and severally, to the Administrative Agent on demand, shall become becomes part of the Obligation, and shall bear bears interest at the Default Rate from the date of such Administrative Agent’s expenditure by the until paid). However, neither Administrative Agent until paid. Notwithstanding the foregoing, it is expressly understood that the Administrative Agent does not assume and nor any Lender assumes or shall never have, except by its express written consent, any liability or responsibility for the performance of any covenant, duty, or agreement of any Company.

Performance by Administrative Agent. If any Company's covenant, duty, duty or agreement of any Company is not performed in accordance with the terms of the Loan PapersCredit Documents, the Administrative Agent may, may at its option (but subject to the approval of the Majority Required Lenders), perform or attempt to perform such that covenant, duty, duty or agreement on behalf of such that Company. In such event, and any amount expended by the or on behalf of Administrative Agent in such its performance or attempted performance shall be reasonable, is payable by the Borrower Companies, jointly and severally, to the Administrative Agent on demand, shall become becomes part of the Obligation, and shall bear bears interest on the portion thereof from time to time unpaid at the Default Rate from the date of such Administrative Agent's expenditure by the Administrative Agent until paid. Notwithstanding the foregoingHowever, it is expressly understood that the Administrative Agent does not assume and shall never have, except by its express written consent, any liability or responsibility for the performance of any covenantCompany's covenants, duty, duties or agreement of any Companyagreements.

Performance by Administrative Agent. If any covenant, duty, duty or agreement of any Company is not performed in accordance with the terms of the Loan Papers, the Administrative Agent may, while a Default exists, at its option (but subject to the approval of the Majority Required Lenders), perform or attempt to perform such that covenant, duty, duty or agreement on behalf of such Company. In such event, that Company (and any amount expended by the Administrative Agent in such its performance or attempted performance shall be reasonable, is payable by the Borrower Companies, jointly and severally, to the Administrative Agent on demand, shall become becomes part of the Obligation, and shall bear bears interest at the Default Rate from the date of such Administrative Agent’s expenditure by the Administrative Agent until paid). Notwithstanding the foregoingHowever, it is expressly understood that the Administrative Agent does not assume and shall never have, except by its express written consent, any liability or responsibility for the performance of any covenant, duty, duty or agreement of any Company.

Performance by Administrative Agent. If any covenant, duty, duty or agreement of any Company is not performed in accordance with the terms of the Loan Papers, the Administrative Agent may, while a Default exists, at its option (but subject to the approval of the Majority Lenders), perform or attempt to perform such that covenant, duty, duty or agreement on behalf of such Company. In such event, that Company (and any amount expended by the Administrative Agent in such its performance or attempted performance shall be reasonable, is payable by the Borrower Companies, jointly and severally, to the Administrative Agent on demand, shall become becomes part of the Obligation, and shall bear bears interest at the Default Rate from the date of such Administrative Agent's expenditure by the until paid). However, neither Administrative Agent until paid. Notwithstanding the foregoing, it is expressly understood that the Administrative Agent does not assume and nor any Lender assumes or shall never have, except by its express written consent, any liability or responsibility for the performance of any covenant, duty, or agreement of any Company.

Performance by Administrative Agent. If any Company's covenant, duty, or agreement of any Company is not performed in accordance with the terms of the Loan PapersDocuments, the Administrative Agent may, while a Default exists, at its option (but subject to the approval of the Majority Required Lenders), perform or attempt to perform such that covenant, duty, or agreement on behalf of such Company. In such event, that Company (and any amount expended by the Administrative Agent in such its performance or attempted performance shall be reasonable, is payable by the Borrower Obligors, jointly and severally, to the Administrative Agent on demand, shall become becomes part of the Obligation, and shall bear bears interest at the Default Rate from the date of such Administrative Agent's expenditure by the Administrative Agent until paid). Notwithstanding the foregoingHowever, it is expressly understood that the Administrative Agent does not assume and shall never have, except by its express written consent, any liability or responsibility for the performance of any covenantCompany's covenants, dutyduties, or agreement of any Companyagreements.

Performance by Administrative Agent. If any covenant, duty, duty or agreement of any Company is not performed in accordance with the terms of the Loan Papers, the Administrative Agent may, while a Default exists, at its option (but subject to the approval of the Majority Required Lenders), perform or attempt to perform such that covenant, duty, duty or agreement on behalf of such Company. In such event, that Company (and any amount expended by the Administrative Agent in such its performance or attempted performance shall be reasonable, is payable by the Borrower Companies, jointly and severally, to the Administrative Agent on demand, shall become becomes part of the Obligation, and shall bear bears interest at the Default Rate from the date of such Administrative Agent's expenditure by the Administrative Agent until paid). Notwithstanding the foregoingHowever, it is expressly understood that the Administrative Agent does not assume and shall never have, except by its express written consent, any liability or responsibility for the performance of any covenant, duty, duty or agreement of any Company.