Performance by Issuer. If (i) the Transferor or the Servicer fails to perform any of its agreements or obligations under any Transaction Document to which it is a party and does not remedy such failure within the applicable cure period, if any, and (ii) the Issuer in good faith reasonably believes that the performance of such agreements and obligations is necessary or appropriate to protect the interests of the holders of the Notes issued by the Issuer under the Indenture, then the Issuer or its designee shall have the right to perform, or cause performance of, such agreement or obligation, and the reasonable expenses of the Issuer or its designee incurred in connection therewith shall be payable by the Servicer as provided in Section 7.04 (if the Servicer has failed to perform its obligations) or by the Transferor as provided in Section 6.04 (if the Transferor has failed to perform its obligations). If the Transferor or the Servicer fails to file at any time any financing statement or continuation statement or amendment thereto or assignment thereof that it is required to file pursuant to this Agreement or any of the other Transaction Documents to which it is a party, the Issuer or its assigns shall have the right to file, and the Transferor and the Servicer hereby authorize the Issuer or its assigns to file, at the expense of the Transferor, such financing or continuation statements and amendments thereto and assignments thereof with respect to all or any of the Receivables or the other Transferred Assets now existing or hereafter arising in the name of the Transferor.
Performance by Issuer. The Issuer shall not be obligated to take any action or execute any instrument pursuant to any provision hereof until it shall have been requested to do so by the Company, or shall have received the instrument to be executed, and at the Issuer’s option shall have received from the Company assurance satisfactory to the Issuer that the Issuer shall be reimbursed for its reasonable expenses incurred or to be incurred in connection with taking such action or executing such instrument. Nothing in this Section is intended to imply that the Issuer must take any action or execute any instrument unless specifically required to do so by this Base Lease.
Performance by Issuer. Notwithstanding anything in this Agreement to the contrary, the Issuer shall be under no obligation to take any action or execute, prepare or deliver any instrument or document until it shall have received assurances satisfactory to it that the Borrower or the Trustee shall pay in advance or reimburse it (at the Issuer’s option) for its reasonable expenses incurred or to be incurred in connection with the taking of such action, (including reasonable attorneys’ fees) and shall be indemnified against any possible liability arising out of the taking of such action.
Performance by Issuer. Issuer shall have performed all agreements and satisfied all conditions required to be performed or satisfied by Issuer at or prior to the Closing.
Performance by Issuer. Notwithstanding anything in this Bond Purchase Agreement to the contrary, the Issuer shall be under no obligation to take any action or execute, prepare or deliver any instrument or document until it shall have received assurances satisfactory to it that the Borrower or the Trustee shall pay in advance or reimburse it (at the Issuer’s option) for its reasonable expenses incurred or to be incurred in connection with the taking of such action (including reasonable attorneys’ fees) and shall be indemnified against any possible liability arising out of the taking of such action.
Performance by Issuer. The Issuer will not be obligated to take any action or execute any instrument pursuant to any provision hereof or under the Indenture or other Bond Documents until it has been requested to do so by the Company or the Trustee and at the Issuer's option will have received from the Company or the Trustee assurance satisfactory to the Issuer that the Issuer will be reimbursed for its reasonable fees and expenses (including fees and expenses of counsel), previously approved by the Company in writing, incurred or to be incurred in connection with taking such action or executing such instrument or that funds for such purpose will have been deposited with the Trustee. Payments due to the Issuer hereunder shall be deemed to be payments of Amounts Payable under Section 4.2(b) hereof.
Performance by Issuer. The Issuer shall not be obligated to take any action or execute any instrument pursuant to any provision hereof until it shall have been requested to do so by FHLBank in writing, or shall have received the instrument to be executed, and at the Issuer’s option shall have received from FHLBank assurance or indemnity satisfactory to the Issuer that the Issuer shall be reimbursed for its reasonable expenses incurred or to be incurred in connection with taking such action or executing such instrument. Nothing in this Section is intended to imply that the Issuer must take any action or execute any instrument unless specifically required to do so by this Base Lease Agreement.
Performance by Issuer. If PhyCor or Guarantors shall default in the payment, performance or observance of any covenant, term or condition of this Agreement, Issuer may, at its option, pay, perform or observe the same, and all payments made or costs or expenses incurred by Issuer in connection therewith (including but not limited to reasonable attorneys' fees), with interest thereon at the Default Rate, shall be immediately repaid to Issuer by PhyCor and Guarantors and shall constitute a part of the Secured Obligations and be secured hereby until fully repaid. Issuer shall be the sole judge of the necessity for any such actions and of the amounts to be paid.
Performance by Issuer. The Issuer shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Issuer, including the issuance of the Sold Shares to Holder and the delivery of the certificates therefor, at or prior to the Cancelation Time.
