Performance by Wxxxx Fargo. If Company fails to perform or observe any of its obligations under this Agreement at any time, Wxxxx Fargo may, but need not, perform or observe them on behalf of Company and may, but need not, take any other actions which Wxxxx Fargo may reasonably deem necessary to cure or correct this failure; and Company shall pay Wxxxx Fargo upon demand the amount of all costs and expenses (including reasonable attorneys’ fees and legal expense) incurred by Wxxxx Fargo in performing these obligations, together with interest on these amounts at the Default Rate.
Appears in 3 contracts
Samples: Credit and Security Agreement (Merrimac Industries Inc), Credit and Security Agreement (Iridex Corp), Wells Fargo Business Credit Credit and Security Agreement (Iridex Corp)
Performance by Wxxxx Fargo. If Company fails to perform or observe any of its obligations under this Agreement at any time, Wxxxx Fargo may, but need not, perform or observe them on behalf of Company and may, but need not, take any other actions which Wxxxx Fargo may reasonably deem necessary to cure or correct this failure; and Company shall pay Wxxxx Fargo upon demand the amount of all costs and expenses (including reasonable attorneys’ ' fees and legal expense) incurred by Wxxxx Fargo in performing these obligations, together with interest on these amounts at the Default Rate.
Appears in 2 contracts
Samples: Credit and Security Agreement (Spectranetics Corp), Credit and Security Agreement (Emcore Corp)
