Performance by Lender of Borrower's Obligations. If the Borrower fails to perform or comply with any of its agreements contained in the Loan Documents and the Lender may itself perform or comply, or otherwise cause performance or compliance, with such agreement, the expenses of the Lender incurred in connection with such performance or compliance, together with interest thereon at a rate per annum equal to the Post-Default Rate, shall be payable by the Borrower to the Lender on demand and shall constitute Secured Obligations.
Appears in 10 contracts
Samples: Master Loan and Security Agreement (New Century Financial Corp), Loan and Security Agreement (Resource America Inc), Security Agreement (New Century Financial Corp)
Performance by Lender of Borrower's Obligations. If the Borrower fails to perform or comply with any of its material agreements contained in the Loan Documents and the Lender may itself perform or comply, or otherwise cause performance or compliance, with such agreement, the reasonable out-of-pocket expenses of the Lender incurred in connection with such performance or compliance, together with interest thereon at a rate per annum equal to the Post-Default Rate, shall be payable by the Borrower to the Lender on demand and shall constitute Secured Obligations.
Appears in 8 contracts
Samples: Master Loan and Security Agreement (MortgageIT Holdings, Inc.), Master Loan and Security Agreement (E Loan Inc), Master Loan and Security Agreement (New Century Financial Corp)
Performance by Lender of Borrower's Obligations. If the any Borrower fails to perform or comply with any of its agreements contained in the Loan Documents and the Lender may itself perform or comply, or otherwise cause performance or compliance, with such agreement, the expenses of the Lender incurred in connection with such performance or compliance, together with interest thereon at a rate per annum equal to the Post-Default Rate, shall be payable by the Borrower Borrowers to the Lender on demand and shall constitute Secured Obligations.
Appears in 4 contracts
Samples: Master Loan and Security Agreement (American Home Mortgage Holdings Inc), Master Loan and Security Agreement (American Business Financial Services Inc /De/), Master Loan and Security Agreement (American Home Mortgage Holdings Inc)
Performance by Lender of Borrower's Obligations. If the ----------------------------------------------- Borrower fails to perform or comply with any of its agreements contained in the Loan Documents and the Lender may itself perform or comply, or otherwise cause performance or compliance, with such agreement, the expenses of the Lender incurred in connection with such performance or compliance, together with interest thereon at a rate per annum equal to the Post-Default Rate, shall be payable by the Borrower to the Lender on demand and shall constitute Secured Obligations.
Appears in 4 contracts
Samples: And Security Agreement (Imperial Credit Commercial Mortgage Investment Corp), Master Loan and Security Agreement (Life Financial Corp), Master Loan and Security Agreement (New Century Financial Corp)
Performance by Lender of Borrower's Obligations. If the any Borrower fails to perform or comply with any of its agreements contained in the Loan Documents and the Lender may itself perform performs or complycomplies, or otherwise cause causes performance or compliance, with such agreement, the expenses of the Lender incurred in connection with such performance or compliance, together with interest thereon at a rate per annum equal to the Post-Default Rate, shall be payable by the Borrower Borrowers to the Lender on demand and shall constitute Secured Obligations.
Appears in 3 contracts
Samples: Master Loan and Security Agreement (Aames Financial Corp/De), Master Loan and Security Agreement (Aames Financial Corp/De), Master Loan and Security Agreement (Aames Investment Corp)
Performance by Lender of Borrower's Obligations. If the Borrower fails to perform or comply with any of its agreements contained in the Loan Documents herein and the Lender may Lender, as provided for by the terms of this Agreement, shall itself perform or comply, or otherwise cause performance or compliance, with such any agreement, the expenses expense of the Lender incurred in connection with such performance or compliance, together with interest thereon at a rate per annum equal to the Post-Default Late Rate, shall be payable by the Borrower to the Lender on demand and shall constitute Secured ObligationsObligations secured hereby.
Appears in 3 contracts
Samples: Security Agreement (Ariad Pharmaceuticals Inc), Security Agreement (Ariad Pharmaceuticals Inc), Security Agreement (Ariad Pharmaceuticals Inc)
Performance by Lender of Borrower's Obligations. If the a Borrower fails to perform or comply with any of its agreements contained in the Loan Documents and the Lender may itself perform performs or complycomplies, or otherwise cause causes performance or compliance, with such agreement, the expenses of the Lender incurred in connection with such performance or compliance, together with interest thereon at a rate per annum equal to the Post-Default Rate, shall be payable by the such Borrower to the Lender on demand and shall constitute Secured Obligations.
Appears in 2 contracts
Samples: Master Loan and Security Agreement (Hanover Capital Mortgage Holdings Inc), Master Loan and Security Agreement (Hanover Capital Mortgage Holdings Inc)
Performance by Lender of Borrower's Obligations. If the Borrower fails to perform or comply with any of its agreements contained in the Loan Documents and the Lender may itself perform or comply, or otherwise cause performance or compliance, with such agreement, the expenses of the Lender incurred in connection with such performance or compliance, together with interest thereon at a rate per annum equal to the Post-Default Rate, shall be payable by the Borrower to the Lender on demand and shall constitute Secured Obligations.
Appears in 2 contracts
Samples: Master Loan and Security Agreement (Capital Trust), Loan Agreement (Capital Trust)
Performance by Lender of Borrower's Obligations. If the Borrower fails to perform or comply with any of its agreements contained in herein and Lender, as provided for by the Loan Documents and the Lender may terms of this Agreement, shall itself perform or comply, or otherwise cause performance or compliance, with such agreement, the expenses of the Lender incurred in connection with such performance or compliance, together with interest thereon at a rate per annum equal to the Post-Default Rate, 18% shall be payable by the Borrower to the Lender on demand and shall constitute Secured ObligationsObligations secured hereby.
Appears in 2 contracts
Samples: Assignment, Pledge and Security Agreement (Sage Resources Inc), Assignment, Pledge and Security Agreement (Sage Resources Inc)
Performance by Lender of Borrower's Obligations. If the Borrower fails to perform or comply with any of its agreements contained in the Loan Documents and the Lender may itself perform performs or complycomplies, or otherwise cause causes performance or compliance, with such agreement, the expenses of the Lender incurred in connection with such performance or compliance, together with interest thereon at a rate per annum equal to the Post-Default Rate, shall be payable by the Borrower to the Lender on demand and shall constitute Secured Obligations.
Appears in 1 contract
Samples: Master Loan and Security Agreement (Hanover Capital Mortgage Holdings Inc)
Performance by Lender of Borrower's Obligations. If the either Borrower fails to perform or comply with any of its agreements contained in the Loan Documents and the Lender may itself perform or comply, or otherwise cause performance or compliance, with such agreement, the expenses of the Lender incurred in connection with such performance or compliance, together with interest thereon at a rate per annum equal to the Post-Default Rate, shall be payable by the Borrower Borrowers to the Lender on demand and shall constitute Secured Obligations.
Appears in 1 contract
Samples: Loan and Security Agreement (Hanover Capital Mortgage Holdings Inc)
Performance by Lender of Borrower's Obligations. If the Borrower fails Borrowers fail to perform or comply with any of its their agreements contained in herein and Lender, as provided for by the terms of this Loan Documents and the Lender may Agreement, shall itself perform or comply, or otherwise cause performance or compliance, with such agreement, then the expenses of the Lender incurred in connection with such performance or compliance, including all attorney's fees and court costs related thereto, together with interest thereon at a the highest default rate per annum equal to provided in the Post-Default RateNote, shall be payable by the Borrower Borrowers to the Lender on or demand and shall constitute Secured ObligationsObligations secured hereby.
Appears in 1 contract
Performance by Lender of Borrower's Obligations. If the Borrower fails to perform or comply with any of its agreements contained in the Loan Documents herein and the Lender may Lender, as provided for by the terms of this Security Agreement, shall itself perform or comply, or otherwise cause performance or compliance, with such agreement, the expenses of the Lender incurred in connection with such performance or compliance, together with interest thereon at a rate per annum equal to the Post-Default Rate, shall be payable by the Borrower to the Lender on demand and shall constitute Secured ObligationsObligations secured hereby.
Appears in 1 contract
Samples: Lease Agreement (Turn Works Acquisition Iii Sub a Inc)