Common use of Performance by Secured Party Clause in Contracts

Performance by Secured Party. Upon the occurrence of a Default hereunder, Secured Party may, at its option and without notice to or demand upon Debtor, without obligation and without waiving or diminishing any of its other rights or remedies hereunder, fully perform or discharge any of such duties. All costs and expenses incurred by Secured Party in connection therewith, together with interest thereon at 4% per annum in excess of the highest interest rate applicable to any loan or advance secured hereby, shall become part of the Obligations secured hereby and be paid by Debtor upon demand.

Appears in 3 contracts

Samples: Security Agreement (Knology Inc), Security Agreement (Knology Inc), Security Agreement (Knology Inc)

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Performance by Secured Party. Upon the occurrence If Debtor shall at any time fail to pay or perform punctually any of a Default its duties hereunder, Secured Party may, at its option and without upon reasonable notice to or demand upon Debtor, without obligation and without waiving or diminishing any of its other rights or remedies hereunder, fully perform or discharge any of such duties. All reasonable out of pocket costs and expenses incurred by Secured Party in connection therewith, together with interest thereon at 4% per annum the Default Interest Rate set forth in excess of the highest interest rate applicable to any loan or advance secured hereby, Credit Agreement shall become part of the Secured Obligations secured hereby and be paid by Debtor upon demand.

Appears in 2 contracts

Samples: Secured Super Priority Credit Agreement (Sco Group Inc), Secured Super Priority Credit Agreement (Sco Group Inc)

Performance by Secured Party. Upon the occurrence of a an Event of Default hereunder, Secured Party may, at its option and without notice to or demand upon Debtor, without obligation and without waiving or diminishing any of its other rights or remedies hereunder, fully perform or discharge any of such duties. All costs and expenses incurred by Secured Party in connection therewith, together with interest thereon at 4% per annum the rate specified in excess Subsection 1.2(E) of the highest interest rate applicable to any loan or advance secured herebyCredit Agreement, shall become part of the Guaranteed Obligations secured hereby and be paid by Debtor upon demand.

Appears in 2 contracts

Samples: Security Agreement, Security Agreement

Performance by Secured Party. Upon the occurrence of a Default hereunder, Secured Party may, at its option and without notice to or demand upon DebtorDebtors, without obligation and without waiving or diminishing any of its other rights or remedies hereunder, fully perform or discharge any of such duties. All costs and expenses incurred by Secured Party in connection therewith, together with interest thereon at 4% per annum in excess of the highest interest rate applicable to any loan or advance secured hereby, shall become part of the Obligations secured hereby and be paid by Debtor Debtors upon demand.

Appears in 2 contracts

Samples: Security Agreement (Knology Inc), Security Agreement (Knology Inc)

Performance by Secured Party. Upon In the occurrence event Debtor shall at any time fail to pay or perform punctually any of a Default its obligations hereunder, Secured Party may, at its option and without notice to or demand upon Debtor, without obligation and without waiving or diminishing any of its other rights or remedies hereunder, fully perform or discharge any of such duties. All costs and expenses incurred by Secured Party in connection therewith, together with interest thereon at 4% per annum the Default Interest Rate set forth in excess of the highest interest rate applicable to any loan or advance secured herebyTerm Loan Agreement, shall become part of the Secured Obligations secured hereby and be paid by Debtor upon demand.

Appears in 1 contract

Samples: Term Loan Security Agreement (Ecoscience Corp/De)

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Performance by Secured Party. Upon the occurrence of a Default hereunder, Secured Party may, at its option and without notice to or demand upon Debtor, without obligation and without waiving or diminishing any of its other rights or remedies hereunder, fully perform or discharge any of such duties. All costs and expenses incurred by Secured Party in connection therewith, together with interest thereon at 4a rate of 18% per annum in excess of the highest interest rate applicable to any loan or advance secured herebyannum, shall become part of the Obligations obligations secured hereby and be paid by Debtor upon demand.

Appears in 1 contract

Samples: Security Agreement (Harolds Stores Inc)

Performance by Secured Party. Upon In the occurrence event Debtor shall at any time fail to pay or perform punctually any of a Default its obligations hereunder, Secured Party may, at its option and without notice to or demand upon Debtor, without obligation and without waiving or diminishing any of its other rights or remedies hereunder, fully perform or discharge any of such duties. All costs and expenses incurred by Secured Party in connection therewith, together with interest thereon at 4% per annum the Default Interest Rate set forth in excess of the highest interest rate applicable to any loan or advance secured herebyConstruction Loan Agreement, shall become part of the Secured Obligations secured hereby and be paid by Debtor upon demand.

Appears in 1 contract

Samples: Construction Loan Security Agreement (Ecoscience Corp/De)

Performance by Secured Party. Upon In the occurrence event Debtor shall at any time fail to pay or perform punctually any of a Default its obligations hereunder, Secured Party may, at its option and without notice to or demand upon Debtor, without obligation and without waiving or diminishing any of its other rights or remedies hereunder, fully perform or discharge any of such duties. All costs and expenses incurred by Secured Party in connection therewith, together with interest thereon at 4% per annum the Default Interest Rate set forth in excess the Line of the highest interest rate applicable to any loan or advance secured herebyCredit Agreement, shall become part of the Secured Obligations secured hereby and be paid by Debtor upon demand.

Appears in 1 contract

Samples: Line of Credit Security Agreement (Ecoscience Corp/De)

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