Common use of Performance by Bank Clause in Contracts

Performance by Bank. If the Borrowers shall fail to pay any of ------------------- the Borrowers' Obligations or the Borrowers shall otherwise fail to perform, observe or comply with any of the conditions, covenants, terms, stipulations or agreements contained in this Agreement or any of the other Financing Documents and the same results in an Event of Default hereunder, the Bank, without notice to or demand upon any Borrower, and without waiving or releasing any of the Borrowers' Obligations or any Event of Default, and in addition to any rights or remedies available to it under any of the other Financing Documents, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act for the account and at the expense of the Borrowers, and may, to the extent permitted by law, enter upon the premises of any Borrower for that purpose and take all such action thereon as the Bank may consider necessary or appropriate for such purpose. All sums so paid or advanced by the Bank and all costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) incurred in connection therewith (the "Expense Payments") together with interest thereon from the date of payment, advance or incurring until paid in full at the rate of two percent (2%) per annum in excess of the Prime Rate shall be paid by the Borrowers to the Bank on demand and shall constitute and become a part of the Borrowers' Obligations.

Performance by Bank. If the Borrowers shall fail to pay any of ------------------- the Borrowers' Obligations or the Borrowers shall otherwise fail to perform, observe or comply with any of the conditions, covenants, terms, stipulations or agreements contained in this Agreement or any of the other Financing Documents and the same results in an Event of Default hereunder, the Bank, without notice to or demand upon any Borrowerthe Borrowers, and without waiving or releasing any of the Borrowers' Obligations or any Event of Default, and in addition to any rights or remedies available to it under any of the other Financing Documents, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act for the account and at the expense of the Borrowers, and may, to the extent permitted by law, enter upon the premises of any Borrower the Borrowers for that purpose and take all such action thereon as the Bank may consider necessary or appropriate for such purpose. All sums so paid or advanced by the Bank and all costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) incurred in connection therewith (the "Expense Payments") together with interest thereon from the date of payment, payment of the advance or incurring the date on which the expense was incurred until paid in full at the rate of two three percent (23%) per annum in excess of the Prime Rate shall be paid by the Borrowers to the Bank on demand and shall constitute and become a part of the Borrowers' Obligations.

Performance by Bank. If the Borrowers Debtor shall fail to pay any of ------------------- the Borrowers' Debtor's Obligations or the Borrowers Borrower's Obligations or the Debtor shall otherwise fail to perform, observe or comply with any of the conditions, covenants, terms, stipulations or agreements contained in this Security Agreement or any of the other Financing Documents and the same results in an Event of Default hereunderDocuments, the Bank, without notice to or demand upon any Borrowerthe Debtor, and without waiving or releasing any of the Borrowers' Debtor's Obligations or the Borrower's Obligations or any Event of Default, and in addition to any rights or remedies available to it under any of the other Financing Documents, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act for the account and at the expense of the BorrowersDebtor, and may, to the extent permitted by law, enter upon the premises of any Borrower the Debtor for that purpose and take all such action thereon as the Bank may consider necessary or appropriate for such purpose. All sums so paid or advanced by the Bank and all costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) incurred in connection therewith (the "Expense Payments") together with interest thereon from the date of payment, payment of the advance or incurring the date on which the expense was incurred until paid in full at the rate of two three percent (23%) per annum in excess of the Prime Rate rate of interest otherwise payable on the Borrower's Obligations shall be paid by the Borrowers Debtor to the Bank on demand and shall constitute and become a part of the Borrowers' Debtor's Obligations and the Borrower's Obligations.