Performance by Administrative Agent. If Borrower shall fail to perform any covenant or agreement contained in any of the Loan Documents, then Administrative Agent may perform or attempt to perform such covenant or agreement on behalf of Borrower. In such event, Xxxxxxxx shall, at the request of Administrative Agent, promptly pay to Administrative Agent any amount expended by Administrative Agent in connection with such performance or attempted performance, together with interest thereon at the Default Interest Rate from and including the date of such expenditure to but excluding the date such expenditure is paid in full. Notwithstanding the foregoing, it is expressly agreed that Administrative Agent shall not have any liability or responsibility for the performance of any covenant, agreement, or other obligation of Borrower under this Agreement or any other Loan Document.
Appears in 5 contracts
Samples: Credit Agreement (Bgsf, Inc.), Credit Agreement (Bgsf, Inc.), Credit Agreement (Bgsf, Inc.)
Performance by Administrative Agent. If Borrower shall fail to perform any covenant or agreement contained in any of the Loan Documents, then Administrative Agent may perform or attempt to perform such covenant or agreement on behalf of Borrower. In such event, Xxxxxxxx Borrower shall, at the request of Administrative Agent, promptly pay to Administrative Agent any amount expended by Administrative Agent in connection with such performance or attempted performance, together with interest thereon at the Default Interest Rate from and including the date of such expenditure to but excluding the date such expenditure is paid in full. Notwithstanding the foregoing, it is expressly agreed that Administrative Agent shall not have any liability or responsibility for the performance of any covenant, agreement, or other obligation of Borrower under this Agreement or any other Loan Document.
Appears in 5 contracts
Samples: Credit Agreement (Century Communities, Inc.), Credit Agreement (BG Staffing, Inc.), Credit Agreement (TriState Capital Holdings, Inc.)
Performance by Administrative Agent. If Borrower shall fail to perform any covenant or agreement contained in any of the Loan DocumentsDocuments or the Intercreditor Agreement, then Administrative Agent may perform or attempt to perform such covenant or agreement on behalf of Borrower. In such event, Xxxxxxxx Borrower shall, at the request of Administrative Agent, promptly pay to Administrative Agent any amount expended by Administrative Agent in connection with such performance or attempted performance, together with interest thereon at the Default Interest Rate from and including the date of such expenditure to but excluding the date such expenditure is paid in full. Notwithstanding the foregoing, it is expressly agreed that Administrative Agent shall not have any liability or responsibility for the performance of any covenant, agreement, or other obligation of Borrower under this Agreement or Agreement, any other Loan DocumentDocument or the Intercreditor Agreement.
Appears in 5 contracts
Samples: Credit Agreement (Granite Ridge Resources, Inc.), Credit Agreement (Granite Ridge Resources, Inc.), Credit Agreement (Granite Ridge Resources, Inc.)
Performance by Administrative Agent. If the Borrower shall fail to perform any covenant covenant, duty or agreement contained in any of the Loan Documents, then the Administrative Agent may perform or attempt to perform such covenant covenant, duty or agreement on behalf of Borrowerthe Borrower after the expiration of any cure or grace periods set forth herein. In such event, Xxxxxxxx the Borrower shall, at the request of the Administrative Agent, promptly pay to reimburse the Administrative Agent any amount expended the duly documented, out-of-pocket costs of third parties engaged by the Administrative Agent in connection with such performance or attempted performance, together with interest thereon at performance to the Default Interest Rate from and including the date of such expenditure to but excluding the date such expenditure is paid in fullAdministrative Agent. Notwithstanding the foregoing, it is expressly agreed that neither the Administrative Agent nor any Lender shall not have any liability or responsibility whatsoever for the performance of any covenant, agreement, or other obligation of the Borrower under this Agreement or any other Loan Document.
Appears in 3 contracts
Samples: Credit Agreement (Equity One, Inc.), Credit Agreement (Equity One Inc), Credit Agreement (Equity One Inc)
Performance by Administrative Agent. If Borrower any Obligor shall fail to perform any covenant or agreement contained in any accordance with the terms of the Loan Documents, then Administrative Agent may perform or attempt to perform such covenant or agreement on behalf of Borrowerthe applicable Obligor. In such event, Xxxxxxxx Borrowers shall, at the request of Administrative Agent, Agent promptly pay to Administrative Agent any amount expended by Administrative Agent in connection with such performance or attempted performanceperformance to Administrative Agent, together with interest thereon at the Default Interest Rate interest rate provided for in Section 2.12(d) from and including the date of such expenditure to but excluding the date such expenditure is paid in full. Notwithstanding the foregoing, it is expressly agreed that neither Administrative Agent nor any Lender shall not have any liability or responsibility for the performance of any covenant, agreement, or other obligation of Borrower any Obligor under this Agreement or any other Loan DocumentDocuments.
Appears in 2 contracts
Samples: Credit Agreement (WK Kellogg Co), Credit Agreement (Kellogg Co)
Performance by Administrative Agent. CREDIT AGREEMENT β Page 113 . If Borrower shall fail to perform any covenant or agreement contained in any of the Loan Documents, then Administrative Agent may perform or attempt to perform such covenant or agreement on behalf of Borrower. In such event, Xxxxxxxx shall, at the request of Administrative Agent, promptly pay to Administrative Agent any amount expended by Administrative Agent in connection with such performance or attempted performance, together with interest thereon at the Default Interest Rate from and including the date of such expenditure to but excluding the date such expenditure is paid in full. Notwithstanding the foregoing, it is expressly agreed that Administrative Agent shall not have any liability or responsibility for the performance of any covenant, agreement, or other obligation of Borrower under this Agreement or any other Loan Document.
Appears in 1 contract
Samples: Credit Agreement (Bgsf, Inc.)
Performance by Administrative Agent. If Borrower any Obligor shall fail to perform any covenant or agreement contained in any accordance with the terms of the Loan Documents, then Administrative Agent may perform or attempt to perform such covenant or agreement on behalf of Borrowerthe applicable Obligor. In such event, Xxxxxxxx Borrower shall, at the request of Administrative Agent, Agent promptly pay to Administrative Agent any amount expended by Administrative Agent in connection with such performance or attempted performanceperformance to Administrative Agent, together with interest thereon at the Default Interest Rate interest rate provided for in Section 2.12(c) from and including the date of such expenditure to but excluding the date such expenditure is paid in full. Notwithstanding the foregoing, it is expressly agreed that neither Administrative Agent nor any Lender shall not have any liability or responsibility for the performance of any covenant, agreement, or other obligation of Borrower any Obligor under this Agreement or any other Loan DocumentDocuments.
Appears in 1 contract
Samples: Credit Agreement (Wayne Farms, Inc.)
Performance by Administrative Agent. If Borrower shall fail to perform any covenant or agreement contained in any of the Loan Documents, then Administrative Agent may perform or attempt to perform such covenant or agreement on behalf of Borrower. In such event, Xxxxxxxx Borrower shall, at the request of Administrative Agent, promptly pay to Administrative Agent any amount expended by Administrative Agent in connection with such performance or attempted performance, together with interest thereon at the Default Interest Rate from and including the date of such expenditure to but excluding the date such expenditure is paid in full. Notwithstanding the foregoing, it is expressly agreed that Administrative Agent shall not have any liability or responsibility for the performance of any covenant, agreement, or other obligation of Borrower under this Agreement or any other Loan Document.,
Appears in 1 contract
Performance by Administrative Agent. If any Borrower shall fail to perform any covenant or agreement contained in any of the Loan DocumentsDocuments beyond the expiration of any applicable cure periods, then Administrative Agent may perform or attempt to perform such covenant or agreement on behalf of such Borrower. In such event, Xxxxxxxx Borrowers shall, at the request of Administrative Agent, promptly pay to Administrative Agent any amount expended by Administrative Agent in connection with such performance or attempted performance, together with interest thereon at the Default Interest Rate from and including the date of such expenditure to but excluding the date such expenditure is paid in full. Notwithstanding the foregoing, it is expressly agreed that Administrative Agent shall not have any liability or responsibility for the performance of any covenant, agreement, or other obligation of Borrower Borrowers under this Agreement or any other Loan Document.
Appears in 1 contract
Samples: Credit Agreement (Sunnova Energy International Inc.)
Performance by Administrative Agent. If Borrower shall fail to perform any covenant or agreement contained in any of the Loan Documents, then Administrative Agent may perform or attempt to perform such covenant or agreement on behalf of Borrower. In such event, Xxxxxxxx Bxxxxxxx shall, at the request of Administrative Agent, promptly pay to Administrative Agent any amount expended by Administrative Agent in connection with such performance or attempted performance, together with interest thereon at the Default Interest Rate from and including the date of such expenditure to but excluding the date such expenditure is paid in full. Notwithstanding the foregoing, it is expressly agreed that Administrative Agent shall not have any liability or responsibility for the performance of any covenant, agreement, or other obligation of Borrower under this Agreement or any other Loan Document.
Appears in 1 contract
Performance by Administrative Agent. If Borrower shall fail to perform any covenant or agreement contained in any of the Loan Documents, then then, subject to the terms of the Acknowledgment Agreement, Administrative Agent may perform or attempt to perform such covenant or agreement on behalf of Borrower. In such event, Xxxxxxxx Borrower shall, at the request of Administrative Agent, promptly pay to Administrative Agent any amount expended by Administrative Agent in connection with such performance or attempted performance, together with interest thereon at the Default Interest Rate from and including the date of such expenditure to but excluding the date such expenditure is paid in full. Notwithstanding the foregoing, it is expressly agreed that Administrative Agent shall not have any liability or responsibility for the performance of any covenant, agreement, agreement or other obligation of Borrower under this Agreement or any other Loan Document.
Appears in 1 contract
Performance by Administrative Agent. If Borrower shall fail to perform any covenant or agreement contained in any of the Loan Documents, then Administrative Agent may perform or attempt to perform such covenant or agreement on behalf of Borrower. In such event, Xxxxxxxx shall, at the request of Administrative Agent, promptly pay to Administrative Agent any amount expended by Administrative Agent in connection with [BGSF] Amended and Restated Credit Agreement such performance or attempted performance, together with interest thereon at the Default Interest Rate from and including the date of such expenditure to but excluding the date such expenditure is paid in full. Notwithstanding the foregoing, it is expressly agreed that Administrative Agent shall not have any liability or responsibility for the performance of any covenant, agreement, or other obligation of Borrower under this Agreement or any other Loan Document.
Appears in 1 contract
Samples: Credit Agreement (Bgsf, Inc.)