Performance by Secured Party. If Pledgor 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 Pledgor 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.
Appears in 15 contracts
Samples: Loan Agreement (Homecapital Investment Corp), Pledge Agreement (R&b Falcon Corp), Commercial Security Agreement (United Heritage Corp)
Performance by Secured Party. If Pledgor 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 Pledgor 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.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Gainsco Inc), Pledge Agreement (Gainsco Inc), Revolving Credit Agreement (Gainsco Inc)
Performance by Secured Party. If Pledgor 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 Pledgor to Secured Party on demanddemand and shall constitute Obligations secured by this Agreement. Notwithstanding any other provision herein to the contraryforegoing, it is expressly agreed that Secured Party does shall not have any duty to exercise liability or continue to exercise responsibility for the performance of any obligation of the foregoing rights and shall not be responsible for any failure to do so or for any delay in doing soPledgor under this Agreement.
Appears in 2 contracts
Samples: Pledge Agreement (Ascendant Solutions Inc), Loan and Security Agreement (Arabian Shield Development Co)
Performance by Secured Party. If Pledgor 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 Pledgor on demand. Notwithstanding any other provision herein to in accordance with 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 soNote.
Appears in 2 contracts
Samples: Stock Pledge Agreement, Stock Pledge Agreement (Us Home Systems Inc /Tx)
Performance by Secured Party. If Pledgor fails to perform any agreement or obligation provided herein, Secured Party may itself perform, or cause performance of, such agreement or obligation, and the reasonable and documented out-of-pocket expenses of Secured Party incurred in connection therewith shall be a part of the Indebtedness, secured by the Collateral and payable by Pledgor on demandPledgor. 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.
Appears in 2 contracts
Samples: Pledge and Security Agreement (Stabilis Energy, Inc.), Pledge and Security Agreement (Stabilis Energy, Inc.)
Performance by Secured Party. If Pledgor fails to perform or comply with any agreement or obligation provided of the 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 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 Pledgor to Secured Party on demanddemand and shall constitute Obligations secured by this Agreement. Notwithstanding any other provision herein to the contraryforegoing, it is expressly agreed that Secured Party does shall not have any duty to exercise liability or continue to exercise responsibility for the performance of any obligation of the foregoing rights and shall not be responsible for any failure to do so or for any delay in doing soPledgor under this Agreement.
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Performance by Secured Party. If Pledgor 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 IndebtednessObligations, secured by the Collateral and payable by Pledgor 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.
Appears in 1 contract
Samples: Pledge Agreement (Isramco Inc)
Performance by Secured Party. If Pledgor fails to perform ---------------------------- or comply with any agreement or obligation provided hereinof the agreements contained herein after being given notice of such failure by Secured Party, 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 Pledgor to Secured Party on demanddemand and shall constitute Obligations secured by this Agreement. Notwithstanding any other provision herein to the contraryforegoing, it is expressly agreed that Secured Party does shall not have any duty to exercise liability or continue to exercise responsibility for the performance of any obligation of the foregoing rights and shall not be responsible for any failure to do so or for any delay in doing soPledgor under this Agreement.
Appears in 1 contract
Performance by Secured Party. If Pledgor 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 Pledgor to Secured Party on demanddemand and shall constitute Obligations secured by this Agreement. Notwithstanding any other provision herein to the contraryforegoing, it is expressly agreed that neither Secured Party does not nor any Lender shall have any duty to exercise liability or continue to exercise responsibility for the performance of any obligation of the foregoing rights and shall not be responsible for any failure to do so or for any delay in doing soPledgor under this Agreement.
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Performance by Secured Party. If Pledgor 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 Pledgor to Secured Party on demanddemand and shall constitute Obligations secured by this Agreement. Notwithstanding any other provision herein to the contraryforegoing, it is expressly agreed that Secured Party does shall not have any duty to exercise liability or continue to exercise responsibility for the performance of any obligation of the foregoing rights and shall not be responsible for any failure to do so or for any delay in doing so.Pledgor under this Agreement. Section 4.5
Appears in 1 contract
Performance by Secured Party. If Pledgor 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 Pledgor 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.
Appears in 1 contract
Performance by Secured Party. If Pledgor fails Pledgors fail to perform ---------------------------- or comply with any agreement or obligation provided hereinof the agreements contained herein after being given notice of such failure by Secured Party, 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, payable by Pledgors to Secured Party on demand and shall constitute Obligations secured by the Collateral and payable by Pledgor on demandthis Agreement. Notwithstanding any other provision herein to the contraryforegoing, it is expressly agreed that Secured Party does shall not have any duty to exercise liability or continue to exercise responsibility for the performance of any obligation of the foregoing rights and shall not be responsible for any failure to do so or for any delay in doing soPledgors under this Agreement.
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