Common use of Performance by Lender of Borrower's Obligations Clause in Contracts

Performance by Lender of Borrower's Obligations. If a 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 Default Rate, shall be payable by the applicable Borrowers to the Lender on demand and shall constitute Secured Obligations.

Appears in 2 contracts

Samples: Master Loan and Security Agreement (Sutherland Asset Management Corp), Master Loan and Security Agreement (Sutherland Asset Management Corp)

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Performance by Lender of Borrower's Obligations. If a 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 reasonable 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 applicable Borrowers to the Lender on demand and shall constitute Secured Obligations.

Appears in 2 contracts

Samples: Master Loan and Security Agreement (Advanta Corp), Master Loan and Security Agreement (Advanta Corp)

Performance by Lender of Borrower's Obligations. If a 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 applicable Borrowers to the Lender on demand and shall constitute Secured Obligations.

Appears in 2 contracts

Samples: Master Loan and Security Agreement (Offerpad Solutions Inc.), Master Loan and Security Agreement (Supernova Partners Acquisition Company, Inc.)

Performance by Lender of Borrower's Obligations. If a 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 applicable Borrowers Borrower or Guarantor to the Lender on demand and shall constitute Secured Obligations.

Appears in 2 contracts

Samples: Reo Subsidiary Pledge Agreement (New Century Financial Corp), Master Loan and Security Agreement (New Century Financial Corp)

Performance by Lender of Borrower's Obligations. If a 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 out-of-pocket costs and expenses of the Lender incurred in connection with such performance or compliance, together with interest thereon at a rate per annum equal to the Default Rate, shall be payable by the applicable Borrowers Borrower to the Lender on demand and shall constitute Secured Obligations.

Appears in 2 contracts

Samples: Loan and Security Agreement (Medallion Financial Corp), Loan and Security Agreement (Medallion Financial Corp)

Performance by Lender of Borrower's Obligations. If a Borrower fails to perform or comply with any of its agreements contained in the Loan Documents to which it is a party 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 applicable Borrowers Borrower to the Lender on demand and shall constitute Secured Obligations.

Appears in 2 contracts

Samples: Master Loan and Security Agreement (Capital Trust Inc), Loan Agreement (Capital Trust Inc)

Performance by Lender of Borrower's Obligations. If a the Borrower fails to perform or comply with any of its agreements contained in the Loan Documents Documents, and the Lender may itself perform or comply, or otherwise cause performance or compliance, with such agreement, as provided herein, 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 applicable Borrowers Borrower to the Lender on demand and shall constitute Secured Obligations.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Chastain Capital Corp)

Performance by Lender of Borrower's Obligations. If a the Borrower fails to perform or comply with any of its material agreements contained in the Loan Documents and within the required time periods, the Lender may itself perform or comply, or otherwise cause performance or compliance, with such agreement, the and any 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 applicable Borrowers Borrower to the Lender on demand and shall constitute Secured Obligations.

Appears in 1 contract

Samples: Loan Agreement (American Business Financial Services Inc /De/)

Performance by Lender of Borrower's Obligations. If a Borrower fails Borrowers fail to perform or comply with any of its their 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 applicable Borrowers to the Lender on demand and shall constitute Secured Obligations.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Capital Trust Inc)

Performance by Lender of Borrower's Obligations. If a Borrower any of the ----------------------------------------------- Borrowers 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 applicable Borrowers to the Lender on demand and shall constitute Secured Obligations.

Appears in 1 contract

Samples: Master Loan and Security Agreement (New Century Financial Corp)

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Performance by Lender of Borrower's Obligations. If a Subject to Section 9.12, if Borrower fails to perform or comply with any of its agreements contained in the Loan Documents Secured Obligations and the Lender may itself perform performs or complycomplies, or otherwise cause causes performance or compliance, with such agreementSecured Obligation, then the third party 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 Default Rate, shall be payable by the applicable Borrowers Borrower to the Lender on demand and shall constitute Secured Obligations.

Appears in 1 contract

Samples: Credit Agreement (Capital Trust Inc)

Performance by Lender of Borrower's Obligations. If a any Borrower fails to perform or comply with any of its agreements contained in the Loan Documents and the Lender may 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 applicable Borrowers Borrower to the Lender on demand and shall constitute Secured Obligations.

Appears in 1 contract

Samples: Support Agreement (Redwood Trust Inc)

Performance by Lender of Borrower's Obligations. If a 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 Default Rate, shall be payable by the applicable Borrowers Borrower to the Lender on demand and shall constitute Secured Obligations.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Newtek Business Services Inc)

Performance by Lender of Borrower's Obligations. If a the Borrower fails to perform or comply with any of its material agreements contained in the Loan Documents within the required time periods 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 applicable Borrowers Borrower to the Lender on demand and shall constitute Secured Obligations.

Appears in 1 contract

Samples: Administration Agreement (American Business Financial Services Inc /De/)

Performance by Lender of Borrower's Obligations. If a the Borrower fails to perform or comply with any of its their 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 applicable Borrowers Borrower to the Lender on demand and shall constitute Secured Obligations.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Doral Financial Corp)

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