Common use of Performance by Lender Clause in Contracts

Performance by Lender. Lender without notice to or demand upon Borrowers and without waiving or releasing any of the Obligations or any Default or Event of Default, 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 Borrowers, and may enter upon the premises of Borrowers for that purpose and take all such action thereon as Lender may consider necessary or appropriate for such purpose, subject to the terms of any applicable leases, and each Borrower hereby irrevocably appoints Lender as its attorney-in-fact to do so, with power of substitution, in the name of Lender, in the name of Borrowers or otherwise, for the use and benefit of Lender, but at the cost and expense of Borrowers and without notice to Borrowers. All sums so paid or advanced by Lender together with interest thereon from the date of payment, advance or incurring until paid in full at the Post-Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costs, shall be paid by Borrowers to Lender on demand, and shall constitute and become a part of the Obligations.

Performance by Lender. The Lender without notice to or demand upon Borrowers the Borrower and without waiving or releasing any of the Obligations or any Default or Event of Default, 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 Borrowersthe Borrower, and may enter upon the premises of Borrowers the Borrower for that purpose and take all such action thereon as the Lender may consider necessary or appropriate for such purpose, subject to purpose and the terms of any applicable leases, and each Borrower hereby irrevocably appoints the Lender as its attorney-in-fact to do so, with power of substitution, in the name of Lender, the Lender or in the name of Borrowers the Borrower or otherwise, for the use and benefit of the Lender, but at the cost and expense of Borrowers the Borrower and without notice to Borrowersthe Borrower. All sums so paid or advanced by the Lender together with interest thereon from the date of payment, advance or incurring until paid in full at the Post-Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costs, shall be paid by Borrowers the Borrower to the Lender on demand, and shall constitute and become a part of the Obligations.

Performance by Lender. The Lender without notice to or demand upon the Borrowers and without waiving or releasing any of the Obligations or any Default or Event of Default, may (but shall be under no obligation to) at any time thereafter after any Default or Event of Default make such payment or perform such act for the account and at the expense of the Borrowers, and may enter upon the premises of the Borrowers for that purpose and take all such action thereon as the Lender may consider necessary or appropriate for such purpose, subject to the terms of any applicable leases, purpose and each Borrower of the Borrowers hereby irrevocably appoints the Lender as its attorney-in-fact to do so, with power of substitution, in the name of the Lender, in the name of any or all of the Borrowers or otherwise, for the use and benefit of the Lender, but at the cost and expense of the Borrowers and without notice to the Borrowers. All sums so paid or advanced by the Lender together with interest thereon from the date of payment, advance or incurring until paid in full at the Post-Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costs, shall be paid by the Borrowers to the Lender on demand, and shall constitute and become a part of the Obligations.

Performance by Lender. If the Borrowers shall fail to pay the Obligations or 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, the Lender without notice to or demand upon the Borrowers and without waiving or releasing any of the Obligations or any Default or Event of Default, 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 enter upon the premises of the Borrowers for that purpose and take all such action thereon as the Lender may consider necessary or appropriate for such purpose, subject to the terms of any applicable leases, and each Borrower hereby irrevocably appoints Lender as its attorney-in-fact to do so, with power of substitution, in the name of Lender, in the name of Borrowers or otherwise, for the use and benefit of Lender, but at the cost and expense of Borrowers and without notice to Borrowers. All sums so paid or advanced by the Lender 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 Post-Default Rate and all costs and expenses, shall be deemed part rate of two percent (2%) per annum in excess of the Enforcement Costs, highest fluctuating interest rate payable under any of the Notes from time to time shall be paid by the Borrowers to the Lender on demand, demand and shall constitute and become a part of the Obligations.

Performance by Lender. Upon the occurrence and continuation of an Event of Default, the Lender without notice to or demand upon Borrowers the Borrower and without waiving or releasing any of the Obligations or any Default or Event of Default, 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 Borrowersthe Borrower, and may enter upon the premises of Borrowers the Borrower for that purpose and take all such action thereon as the Lender may consider necessary or appropriate for such purpose, subject to purpose and the terms of any applicable leases, and each Borrower hereby irrevocably appoints the Lender as its attorney-in-fact to do so, with power of substitution, in the name of Lender, the Lender or in the name of Borrowers the Borrower or otherwise, for the use and benefit of the Lender, but at the cost and expense of Borrowers the Borrower and without notice to Borrowersthe Borrower. All sums so paid or advanced by the Lender together with interest thereon from the date of payment, advance or incurring until paid in full at the Post-Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costs, shall be paid by Borrowers the Borrower to the Lender on demand, and shall constitute and become a part of the Obligations.

Performance by Lender. Lender without notice to or demand upon Borrowers Borrower and without waiving or releasing any of the Obligations or any Default or Event of Default, 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 BorrowersBorrower, and may enter upon the premises of Borrowers Borrower for that purpose and take all such action thereon as Lender may consider necessary or appropriate for such purpose, subject to the terms of any applicable leases, and each Borrower hereby irrevocably appoints Lender as its attorney-in-fact to do so, with power of substitution, in the name of Lender, in the name of Borrowers Borrower or otherwise, for the use and benefit of Lender, but at the cost and expense of Borrowers Borrower and without notice to BorrowersBorrower. All sums so paid or advanced by Lender together with interest thereon from the date of payment, advance or incurring until paid in full at the Post-Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costs, shall be paid by Borrowers Borrower to Lender on demand, and shall constitute and become a part of the Obligations.

Performance by Lender. Upon the occurrence and continuation of an Event of Default, the Lender without notice to or demand upon Borrowers the Borrower and without waiving or releasing any of the Obligations or any Default or Event of Default, 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 Borrowersthe Borrower, and may enter upon the premises of Borrowers the Borrower for that purpose and take all such action thereon as the Lender may consider necessary or appropriate for such purpose, subject to suchpurpose and the terms of any applicable leases, and each Borrower hereby irrevocably appoints the Lender as its attorney-in-fact to do so, with power of substitution, in the name of Lender, the Lender or in the name of Borrowers the Borrower or otherwise, for the use and benefit of the Lender, but at the cost and expense of Borrowers the Borrower and without notice to Borrowersthe Borrower. All sums so paid or advanced by the Lender together with interest thereon from the date 37 FY'00 Financing Agreement.doc February 18,20007:59 AM of payment, advance or incurring until paid in full at the Post-Post- Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costs, shall be paid by Borrowers the Borrower to the Lender on demand, and shall constitute and become a part of the Obligations.

Performance by Lender. The Lender without notice to or demand upon the Borrowers and without waiving or releasing any of the Obligations or any Default or Event of Default, 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 enter upon the premises of the Borrowers for that purpose and take all such action thereon as the Lender may consider necessary or appropriate for such purpose, subject to the terms of any applicable leases, purpose and each Borrower of the Borrowers hereby irrevocably appoints the Lender as its attorney-in-fact to do so, with power of substitution, in the name of the Lender, in the name of any or all of the Borrowers or otherwise, for the use and benefit of the Lender, but at the cost and expense of the Borrowers and without notice to the Borrowers. All sums so paid or advanced by the Lender together with interest thereon from the date of payment, advance or incurring until paid in full at the Post-Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costs, shall be paid by the Borrowers to the Lender on demand, and shall constitute and become a part of the Obligations.

Performance by Lender. Lender without notice to or demand upon Borrowers Borrower and without waiving or releasing any of the Obligations or any Default or Event of Default, 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 BorrowersBorrower, and may enter upon the premises of Borrowers Borrower for that purpose and take all such action thereon as Lender may consider necessary or appropriate for such purpose, subject to the terms of any applicable leases, purpose and each Borrower hereby irrevocably appoints Lender as its attorney-in-fact to do so, with power of substitution, in the name of Lender, or in the name of Borrowers Borrower or otherwise, for the use and benefit of Lender, but at the cost and expense of Borrowers Borrower and without notice to BorrowersBorrower. All sums so paid or advanced by Lender together with interest thereon from the date of payment, advance or incurring until paid in full at the Post-Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costs, shall be paid by Borrowers Borrower to Lender on demand, and shall constitute and become a part of the Obligations.

Performance by Lender. During the continuance of an Event of Default, Lender without notice to or demand upon Borrowers Borrower and without waiving or releasing any of the Obligations or any Default or Event of Default, 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 BorrowersBorrower, and may enter upon the premises of Borrowers for that purpose and take all such action thereon as Lender may consider necessary or appropriate for such purpose, subject to the terms of any applicable leases, and each Borrower hereby irrevocably appoints Lender as its attorney-in-fact to do so, with power of substitution, in the name of Lender, Lender or in the name of Borrowers Borrower or otherwise, for the use and benefit of Lender, but at the cost and expense of Borrowers Borrower and without notice to BorrowersBorrower. All sums so paid or advanced by Lender together with interest thereon from the date of payment, advance or incurring until paid in full at the Post-Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costs, shall be paid by Borrowers Borrower to Lender on demand, and shall constitute and become a part of the Obligations.

Performance by Lender. Upon the occurrence and continuation of an Event of Default, the Lender without notice to or demand upon Borrowers the Borrower and without waiving or releasing any of the Obligations or any Default or Event of Default, 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 Borrowersthe Borrower, and may enter upon the premises of Borrowers the Borrower for that purpose and take all such action thereon as the Lender may consider necessary or appropriate for such purpose, subject to suchpurpose and the terms of any applicable leases, and each Borrower hereby irrevocably appoints the Lender as its attorney-in-fact to do so, with power of substitution, in the name of Lender, the Lender or in the name of Borrowers the Borrower or otherwise, for the use and benefit of the Lender, but at the cost and expense of Borrowers the Borrower and without notice to Borrowersthe Borrower. All sums so paid or advanced by the Lender together with interest thereon from the date of payment, advance or incurring until paid in full at the Post-Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costs, shall be paid by Borrowers the Borrower to the Lender on demand, and shall constitute and become a part of the Obligations.

Performance by Lender. If the Borrower shall fail to pay the Obligations or 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, the Lender without notice to or demand upon Borrowers the Borrower and without waiving or releasing any of the Obligations or any Default or Event of Default, 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 Borrowersthe Borrower, and may enter upon the premises of Borrowers the Borrower for that purpose and take all such action thereon as the Lender may consider necessary or appropriate for such purpose, subject to the terms of any applicable leases, and each Borrower hereby irrevocably appoints Lender as its attorney-in-fact to do so, with power of substitution, in the name of Lender, in the name of Borrowers or otherwise, for the use and benefit of Lender, but at the cost and expense of Borrowers and without notice to Borrowers. All sums so paid or advanced by the Lender 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 Post-Default Rate and all costs and expenses, shall be deemed part rate of one percent (1%) per annum in excess of the Enforcement Costs, higher fluctuating interest rate payable under the Notes from time to time shall be paid by Borrowers the Borrower to the Lender on demand, demand and shall constitute and become a part of the Obligations.

Performance by Lender. Lender without notice to or demand upon Borrowers Borrower and without waiving or releasing any of the Obligations or any Default or Event of Default, 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 BorrowersBorrower, and may enter upon the premises of Borrowers Borrower for that purpose and take all such action thereon as Lender may consider necessary or appropriate for such purpose, subject to the terms of any applicable leases, purpose and each Borrower hereby irrevocably appoints Lender as its attorney-in-fact to do so, with power of substitution, in the name of Lender, in the name of Borrowers Borrower or otherwise, for the use and benefit of Lender, but at the cost and expense of Borrowers Borrower and without notice to BorrowersBorrower. All sums so paid or advanced by Lender together with interest thereon from the date of payment, advance or incurring until paid in full at the Post-Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costs, shall be paid by Borrowers Borrower to Lender on demand, and shall constitute and become a part of the Obligations.