Performance by the Administrative Agent. If the Borrower or any other Loan Party shall fail to perform any covenant, duty or agreement contained in any of the Loan Documents, the Administrative Agent may, after written notice to the Borrower and the expiration of any cure or grace periods set forth herein, perform or attempt to perform such covenant, duty or agreement on behalf of the Borrower or such other Loan Party. In such event, the Borrower shall, at the request of the Administrative Agent, promptly pay any amount reasonably expended by the Administrative Agent in such performance or attempted performance to the Administrative Agent, together with interest thereon at the applicable Post-Default Rate from the date of such expenditure until paid. Notwithstanding the foregoing, neither the Administrative Agent nor any Lender shall have any liability or responsibility whatsoever for the performance of any obligation of the Borrower under this Agreement or any other Loan Document.
Appears in 2 contracts
Samples: Credit Agreement (Smith Douglas Homes Corp.), Credit Agreement (Smith Douglas Homes Corp.)
Performance by the Administrative Agent. If the Borrower or any other Loan Credit Party shall fail to perform any covenant, duty duty, or agreement contained in any accordance with the terms of the Loan Documents, the Administrative Agent may, at the direction of Required Lenders, and after written notice in writing to the Borrower and the expiration of any cure or grace periods set forth hereinBorrowers, perform or attempt to perform perform, such covenant, duty duty, or agreement on behalf of the Borrower or such other Loan Credit Party. In such event, the Borrower Borrowers shall, at the request of the Administrative Agent, promptly jointly and severally pay any amount reasonably expended by the Administrative Agent or the Lenders in such performance or attempted performance to the Administrative AgentAgent at the Principal Office, together with interest thereon at the applicable Post-Default Rate from the date of such expenditure until paid. Notwithstanding the foregoing, it is expressly agreed that neither the Administrative Agent nor any Lender shall have any liability or responsibility whatsoever for the performance of any obligation of the Borrower any Credit Party under this Agreement or any of the other Loan DocumentDocuments.
Appears in 2 contracts
Samples: Credit Agreement (Coho Resources Inc), Credit Agreement (Coho Energy Inc)
Performance by the Administrative Agent. If the Borrower or any other Loan Credit Party shall fail to perform any covenant, duty duty, or agreement contained in any accordance with the terms of the Loan Documents, the Administrative Agent may, at the direction of Required Lenders, and after written notice in writing to the Borrower and the expiration of any cure or grace periods set forth hereinBorrowers, perform or attempt to perform perform, such covenant, duty duty, or agreement on behalf of the Borrower or such other Loan Credit Party. In such event, the Borrower Borrowers shall, at the request of the Administrative Agent, promptly jointly and severally pay any amount reasonably expended by the Administrative Agent or the Lenders in such performance or attempted performance to the Administrative AgentAgent at the Principal Office, together with interest thereon at the applicable Post-Default Rate from the date of such expenditure until paid. Notwithstanding the foregoing, it is expressly agreed that neither the THIRD AMENDED AND RESTATED CREDIT AGREEMENT, PAGE 68 76 Administrative Agent nor any Lender shall have any liability or responsibility whatsoever for the performance of any obligation of the Borrower any Credit Party under this Agreement or any of the other Loan DocumentDocuments.
Appears in 1 contract
Samples: Credit Agreement (Coho Energy Inc)