Performance by Lenders. Following an Event of Default, the Administrative Agent without the necessity of prior notice to or demand upon the Borrowers and without waiving or releasing any of the Obligations or any 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 Borrower for that purpose and take all such action thereon as the Administrative Agent may consider necessary or appropriate for such purpose. The Administrative Agent will give the Borrowers notice, at least subsequently, of any such performance by the Administrative Agent. All sums so paid or advanced by the Administrative Agent 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 shall be paid by the Borrowers to the Administrative Agent on demand and shall constitute and become a part of the Obligations.
Performance by Lenders. Following an Event of Default, the Agent without the necessity of prior notice to or demand upon the Borrower and without waiving or releasing any of the Obligations or any 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 Borrower, and may enter upon the premises of the Borrower for that purpose and take all such action thereon as the Agent may consider necessary or appropriate for such purpose. The Agent will give the Borrower notice at least subsequently of any such performance by the Agent. All sums so paid or advanced by the Agent 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 shall be paid by the Borrower to the Agent on demand and shall constitute and become a part of the Obligations and be secured by the Deed of Trust. For this purpose, the Borrower hereby constitutes and appoints the Lenders, or the Agent on behalf of the Lenders, its true and lawful attorney-in-fact with full power of substitution to complete work on any Eligible Project in the name of the Borrower, and hereby empowers said attorney or attorneys as follows:
Performance by Lenders. If either Obligee fails to perform any of their respective obligations under the Operative Documents in a timely fashion, each Lender shall be entitled, but not obliged, to perform such obligation at the expense of such Obligee and without waiving any rights they may have with respect to such breach.
Performance by Lenders. If Borrower shall default in the payment, performance or observance of any covenant, term or condition of this Agreement, which default is not cured within the applicable cure period, then Lenders may, at Lender's option, pay, perform or observe the same, and all payments made or costs or expenses incurred by Lenders in connection therewith (including but not limited to reasonable attorney's fees), with interest thereon at the highest default rate provided in the Notes (if none, then at the maximum rate from time to time allowed by applicable law), shall be immediately repaid to Lenders by Borrower and shall constitute a part of the Obligations. Lenders shall be the sole judge of the necessity for any such actions and of the amounts to be paid.
Performance by Lenders. 71 SECTION 10.6 UNIFORM COMMERCIAL CODE AND OTHER REMEDIES............................................72 SECTION 10.7 RECEIVER OR OTHER COURT ORDER.........................................................72 ARTICLE XI..............................................................................................73 MISCELLANEOUS...........................................................................................73
Performance by Lenders. If the Assignor shall 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 Agent without notice to or demand upon the Assignor and without waiving or releasing any of the Obligations or any 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 Assignor, and may enter upon the premises of the Assignor for that purpose and take all such action thereon as the Agent may consider necessary or appropriate for such purpose and the Assignor hereby irrevocably appoints the Agent as its attorney-in-fact to do so, with power of substitution, in the name of the Lenders or in the name of the Assignor or otherwise, for the use and benefit of the Lenders, but at the cost and expense of the Assignor and without notice to the Assignor. All sums so paid or advanced by the Lenders together with interest thereon from the date of payment, advance or incurring until paid in full at the highest rate of interest
Performance by Lenders. If any covenant, duty or agreement of any Obligor is not performed in accordance with the terms of any Loan Document, after the occurrence and during the continuance of an Event of Default, the Agent or any Lender may, as provided in the Loan Documents, to the extent not prohibited by the Communications Act, at its option, perform or attempt to perform, such covenant, duty or agreement on behalf of such Obligor. In such event, any amount expended by the Agent or any Lender in such performance or attempted performance shall be jointly and severally payable by the Obligors to the Agent or such Lender on demand, shall become part of the Obligations and shall bear interest at the Default Rate from the date of such expenditure until paid. Notwithstanding the foregoing, it is expressly understood that the Agent does not assume and shall never have any liability, obligation or responsibility for the performance of any covenants, duty or agreement of any Obligor.
Performance by Lenders. Should any of the Obligors fail to perform any covenant, duty or agreement contained herein or in any of the Loan Documents, the Lenders may perform or attempt to perform such covenant, duty or agreement on its behalf. In such event, any of the Obligors so requested shall, at the request of any of the Lenders, promptly pay any amount reasonably expended by such Lenders in such performance or attempted performance, to such Lender at Agent's principal office in Boston, Massachusetts, together with interest thereon at the lesser of the default rate set forth in Section 4.11 hereof or the Maximum Rate, from the date of such expenditure until paid. Notwithstanding the foregoing, it is expressly understood that the Lenders assume no liability or responsibility for the performance of any duties of any of the Obligors hereunder or under any of the Loan Documents or other control over the management and affairs of any of the Obligors.
Performance by Lenders. If the Borrower fails to perform any of its obligations under this Agreement, then, after notice to the Borrower from the Agent specifying such failure and the Borrower further failing to perform any such obligation within 10 Business Days thereafter or, if the obligation is not reasonably capable of being performed within 10 Business Days, failing to proceed diligently to so perform, the Lenders may, but are not obliged to, perform any or all of such obligations on behalf of the Borrower and all reasonable costs, charges, expenses, fees (including legal fees and expenses), outlays and premiums incurred by the Lenders in connection with such performance will:
Performance by Lenders. 88 SECTION 10.5
