Common use of Performance by Administrative Agent Clause in Contracts

Performance by Administrative Agent. If Borrower shall fail to perform any covenant or agreement contained in any of the Loan Documents or the Intercreditor Agreement, then Administrative Agent may perform or attempt to perform such covenant or agreement on behalf of Borrower. In such event, 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, any other Loan Document or the Intercreditor Agreement.

Performance by Administrative Agent. If Borrower shall fail to perform any covenant or agreement contained in any of the Loan Documents or the Intercreditor AgreementDocuments, then Administrative Agent may perform or attempt to perform such covenant or agreement on behalf of Borrower. In such event, 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, Agreement or any other Loan Document or the Intercreditor AgreementDocument.

Performance by Administrative Agent. If Borrower shall fail to perform any covenant or agreement contained in any of the Loan Documents or the Intercreditor AgreementDocuments, then Administrative Agent may perform or attempt to perform such covenant or agreement on behalf of Borrower. In such event, Borrower 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, Agreement or any other Loan Document or the Intercreditor AgreementDocument.

Performance by Administrative Agent. If the Borrower shall fail to perform any covenant covenant, duty or agreement contained in any of the Loan Documents or Documents, the Intercreditor Agreement, then 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, 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, Agreement or any other Loan Document or the Intercreditor AgreementDocument.

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 or the Intercreditor AgreementDocuments, then Administrative Agent may perform or attempt to perform such covenant or agreement on behalf of Borrowerthe applicable Obligor. In such event, Borrower 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, any other Loan Document or the Intercreditor AgreementDocuments.

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 or the Intercreditor AgreementDocuments, then Administrative Agent may perform or attempt to perform such covenant or agreement on behalf of Borrowerthe applicable Obligor. In such event, 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, any other Loan Document or the Intercreditor AgreementDocuments.

Performance by Administrative Agent. If Borrower shall fail to perform any covenant or agreement contained in any of the Loan Documents or the Intercreditor AgreementDocuments, then Administrative Agent may perform or attempt to perform such covenant or agreement on behalf of Borrower. In such event, Borrower 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, Agreement or any other Loan Document or the Intercreditor AgreementDocument.

Performance by Administrative Agent. CREDIT AGREEMENT – Page 113 . If Borrower shall fail to perform any covenant or agreement contained in any of the Loan Documents or the Intercreditor AgreementDocuments, then Administrative Agent may perform or attempt to perform such covenant or agreement on behalf of Borrower. In such event, Borrower 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, Agreement or any other Loan Document or the Intercreditor AgreementDocument.

Performance by Administrative Agent. If Borrower shall fail to perform any covenant or agreement contained in any of the Loan Documents or Documents, then, subject to the Intercreditor terms of the Acknowledgment Agreement, then Administrative Agent may perform or attempt to perform such covenant or agreement on behalf of Borrower. In such event, 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, Agreement or any other Loan Document or the Intercreditor AgreementDocument.