Common use of Performance by Secured Party Clause in Contracts

Performance by Secured Party. If Debtor fails to perform any agreement or obligation provided herein, Secured Party may itself perform, or cause performance of, such agreement or obligation, and the expenses of Secured Party incurred in connection therewith shall be a part of the Indebtedness, secured by the Collateral and payable by Debtor on demand.

Performance by Secured Party. If Debtor fails to perform any agreement or obligation provided contained herein, Secured Party may itself perform, or cause performance of, such agreement or obligation, and the expenses of Secured Party incurred in connection therewith shall be a part of the Indebtedness, secured by the Collateral and payable by Debtor on demandunder Section 4.5.

Performance by Secured Party. If Debtor fails to perform any agreement or obligation provided contained herein, Secured Party may itself itself, at its option and in its sole discretion, perform, or cause performance of, such agreement or obligation, and the expenses of such Secured Party incurred in connection therewith shall be a part of the Indebtedness, secured by the Collateral and payable by Debtor on demand; provided, however, that nothing herein shall impose any obligation of any kind whatsoever on Secured Party to perform any obligation or agreement of Debtor.

Performance by Secured Party. If Debtor fails to perform any agreement or obligation provided herein, Secured Party may itself perform, or cause performance of, such agreement or obligation, and the expenses of Secured Party incurred in connection therewith shall be a part of the Indebtedness, secured by the Collateral and payable by Debtor on demand. Notwithstanding any other provision herein to the contrary, Secured Party does not have any duty to exercise or continue to exercise any of the foregoing rights and shall not be responsible for any failure to do so or for any delay in doing so.

Performance by Secured Party. If Debtor fails to perform any agreement or obligation provided contained herein, Secured Party may itself perform, or cause performance of, such agreement or obligationagreement, and the expenses of Secured Party incurred in connection therewith shall be a part of the Indebtedness, secured by the Collateral and payable by Debtor on demandunder Section 15.

Performance by Secured Party. If Debtor fails Debtors fail to perform any agreement or obligation provided contained herein, Secured Party may itself perform, or cause performance of, such agreement or obligation, and the reasonable expenses of Secured Party incurred in connection therewith shall be a part of the Indebtedness, secured by the Collateral and payable by Debtor on demandDebtors under Section 4.4.

Performance by Secured Party. If Debtor fails to perform ---------------------------- or comply with any agreement or obligation provided of its agreements contained herein, Secured Party may itself performmay, at its sole discretion, cause or attempt to cause performance of, or compliance with such agreement or obligation, and the expenses of Secured Party incurred in connection therewith Party, together with interest thereon at the maximum nonusurious per annum rate permitted by applicable law, shall be a part of the Indebtedness, secured by the Collateral and payable by Debtor to Secured Party on demanddemand and shall constitute Obligations secured by this Agreement. Notwithstanding the foregoing, it is expressly agreed that Secured Party shall not have any liability or responsibility for the performance of any obligation of Debtor under this Agreement.

Performance by Secured Party. If Debtor fails to perform any agreement or obligation provided herein, Secured Party may itself perform, or cause performance of, such agreement or obligation, and the expenses of Secured Party incurred in connection therewith shall be a part of the Indebtedness, secured by the Collateral and payable by Debtor on within ten (10) days of Secured Party’s written demand.

Performance by Secured Party. If Debtor fails to perform any agreement or obligation provided contained herein, any Secured Party may itself itself, at its option and in its sole discretion, perform, or cause performance of, such agreement or obligation, and the expenses of such Secured Party incurred in connection therewith shall be a part of the Indebtedness, secured by the Collateral and payable by Debtor on demand; provided, however, that nothing herein shall impose any obligation of any kind whatsoever on any Secured Party to perform any obligation or agreement of Debtor.

Performance by Secured Party. If Debtor fails to perform any ---------------------------- agreement or obligation provided contained herein, Secured Party may itself perform, or cause performance of, such agreement or obligation, and the expenses of Secured Party incurred in connection therewith shall be a part of the Indebtedness, secured by the Collateral and payable by Debtor on demandunder Section 4.5.

Performance by Secured Party. If Debtor fails to perform or comply with any agreement or obligation provided of its agreements contained herein, Secured Party may itself performmay, at its sole discretion, cause or attempt to cause performance of, or compliance with such agreement or obligation, and the expenses of Secured Party incurred in connection therewith Party, together with interest thereon at the Default Rate, shall be a part of the Indebtedness, secured by the Collateral and payable by Debtor to Secured Party on demanddemand and shall constitute Secured Obligations. Notwithstanding the foregoing, it is expressly agreed that Secured Party shall not have any liability or responsibility for the performance of any obligation of Debtor under this Agreement.

Performance by Secured Party. If Debtor fails to perform any agreement ---------------------------- or obligation provided herein, Secured Party may itself perform, or cause performance of, such agreement or obligation, and the expenses of Secured Party incurred in connection therewith shall be a part of the Indebtedness, secured by the Collateral and payable by Debtor on demand.

Performance by Secured Party. If Debtor fails to perform or comply with any agreement or obligation provided of its agreements contained herein, Secured Party may itself performmay, at its sole discretion, cause or attempt to cause performance of, or compliance with such agreement or obligation, and the expenses of Secured Party incurred in connection therewith Party, together with interest thereon at the Default Rate, shall be a part of the Indebtedness, secured by the Collateral and payable by Debtor to Secured Party on demanddemand and shall constitute obligations secured by this Agreement. Notwithstanding the foregoing, it is expressly agreed that Secured Party shall not have any liability or responsibility for the performance of any obligation of Debtor under this Agreement.

Performance by Secured Party. If Debtor fails to perform or comply with any agreement or obligation provided of its agreements contained herein, Secured Party may itself performmay, at its sole discretion, cause or attempt to cause performance of, or compliance with such agreement or obligation, and the expenses of Secured Party incurred Party, together with interest thereon at the Default Rate (as defined in connection therewith the Note), shall be a part of the Indebtedness, secured by the Collateral and payable by Debtor to Secured Party on demanddemand and shall constitute Obligations secured by this Agreement. Notwithstanding the foregoing, it is expressly agreed that Secured Party shall not have any liability or responsibility for the performance of any obligation of Debtor under this Agreement.

Performance by Secured Party. If Debtor fails to perform any agreement or obligation provided herein, Secured Party may itself perform, or cause performance of, such agreement or obligation, and the expenses of Secured Party incurred in connection therewith shall be a part of the Indebtedness, secured by the Collateral and payable by Debtor on demand; provided, however, that Secured Party shall not exercise any such powers prior to the occurrence of an Event of Default and shall only exercise such powers during the continuance of an Event of Default.

Performance by Secured Party. If Debtor Borrower fails to perform any agreement or obligation provided herein, Secured Party may itself perform, or cause performance of, such agreement or obligation, and the expenses of Secured Party incurred in connection therewith shall be a part of the Indebtedness, secured by the Collateral and payable by Debtor Borrower on demand.

Performance by Secured Party. If Debtor fails to perform any agreement ---------------------------- or obligation provided contained herein, Secured Party may itself perform, or cause performance of, of such agreement or obligation, and the expenses of Secured Party incurred in connection therewith shall be a part of the Indebtedness, secured by the Collateral and payable by Debtor on demandunder Section 4.5.

Performance by Secured Party. If any Debtor fails to perform any ---------------------------- agreement or obligation provided contained herein, Secured Party may itself perform, or cause performance of, such agreement or obligation, and the expenses of Secured Party incurred in connection therewith shall be a part of the Indebtedness, secured by the Collateral and payable by such Debtor on demandunder Section 4.5.

Performance by Secured Party. If Debtor fails to perform or comply with any agreement or obligation provided of its agreements contained herein, Secured Party may itself performmay, at its sole discretion, cause or attempt to cause performance of, or compliance with such agreement or obligation, and the reasonable expenses of Secured Party incurred Party, together with interest thereon at the Default Rate (as defined in connection therewith the Loan Agreement), shall be a part of the Indebtedness, secured by the Collateral and payable by Debtor to Secured Party on demanddemand and shall constitute Obligations secured by this Agreement. Notwithstanding the foregoing, it is expressly agreed that Secured Party shall not have any liability or responsibility for the performance of any obligation of Debtor under this Agreement.

Performance by Secured Party. If Debtor fails to perform any agreement or obligation provided hereinin this Agreement, Secured Party may itself performhimself perform (but is not obligated to do so), or cause performance of, such agreement or obligation, and the expenses of Secured Party incurred in connection therewith shall be a part of the Indebtedness, secured by the Collateral and payable by Debtor on demand.

Performance by Secured Party. If Debtor fails to perform or comply with any agreement or obligation provided of its agreements contained herein, Secured Party may itself performmay, at its sole discretion, cause or attempt to cause performance of, or compliance with such agreement or obligation, and the expenses of Secured Party incurred Party, together with interest thereon at the Default Rate (as defined in connection therewith the Credit Agreement), shall be a part of the Indebtedness, secured by the Collateral and payable by Debtor to Secured Party on demanddemand and shall constitute Obligations secured by this Agreement. Notwithstanding the foregoing, it is expressly agreed that Secured Party shall not have any liability or responsibility for the performance of any obligation of Debtor under this Agreement.

Performance by Secured Party. If Debtor fails to perform any agreement or obligation provided herein, Secured Party may itself perform, or cause performance of, such agreement or obligation, and the expenses of Secured Party incurred in connection therewith shall be a part of the IndebtednessSecured Obligations, secured by the Collateral and payable by Debtor on demand.

Performance by Secured Party. If Debtor fails to perform or comply with any agreement or obligation provided of its agreements contained herein, Secured Party may itself performmay, at its sole discretion, cause or attempt to cause performance of, or compliance with such agreement or obligation, and the expenses of Secured Party incurred in connection therewith Party, together with interest thereon at the maximum nonusurious per annum rate permitted by applicable law, shall be a part of the Indebtedness, secured by the Collateral and payable by Debtor to Secured Party on demanddemand and shall constitute Obligations secured by this Agreement. Notwithstanding the foregoing, it is expressly agreed that Secured Party shall not have any liability or responsibility for the performance of any obligation of Debtor under this Agreement.