Common use of Performance by Xxxxx Fargo Clause in Contracts

Performance by Xxxxx Fargo. If Company fails to perform or observe any of its obligations under this Agreement at any time, Xxxxx Fargo may, but need not, perform or observe them on behalf of Company and may, but need not, take any other actions which Xxxxx Fargo may reasonably deem necessary to cure or correct this failure; and Company shall pay Xxxxx Fargo upon demand the amount of all costs and expenses (including reasonable attorneys’ fees and legal expense) incurred by Xxxxx Fargo in performing these obligations, together with interest on these amounts at the Default Rate.

Appears in 9 contracts

Samples: Credit and Security Agreement, Credit and Security Agreement (Nortech Systems Inc), Credit and Security Agreement (Pinnacle Data Systems Inc)

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Performance by Xxxxx Fargo. If any Company fails to perform or observe any of its obligations under this Agreement at any time, Xxxxx Fargo may, but need not, perform or observe them on behalf of Company Companies and may, but need not, take any other actions which Xxxxx Fargo may reasonably deem necessary to cure or correct this failure; and Company Companies shall pay Xxxxx Fargo upon demand the amount of all costs and expenses (including reasonable attorneys’ fees and legal expense) incurred by Xxxxx Fargo in performing these obligations, together with interest on these amounts at the Default Rate.

Appears in 2 contracts

Samples: Credit and Security Agreement (Phoenix Footwear Group Inc), Credit and Security Agreement (Phoenix Footwear Group Inc)

Performance by Xxxxx Fargo. If Company fails to perform or observe any of its obligations under this Agreement at any time, Xxxxx Fargo may, but need not, perform or observe them on behalf of Company and may, but need not, take any other actions which Xxxxx Fargo may reasonably deem necessary to cure or correct this failure; and Company shall pay Xxxxx Fargo upon demand the amount of all costs and expenses (including reasonable attorneys’ fees and legal expense) paid or incurred by Xxxxx Fargo in performing these obligations, together with interest on these amounts at the Default Rate.

Appears in 2 contracts

Samples: Credit and Security Agreement (Tandy Brands Accessories Inc), Credit and Security Agreement (Tandy Brands Accessories Inc)

Performance by Xxxxx Fargo. If Company or any Subsidiary fails to perform or observe any of its obligations under this Agreement at any time, Xxxxx Fargo may, but need not, perform or observe them on behalf of Company or such Subsidiary and may, but need not, take any other actions which Xxxxx Fargo may reasonably deem necessary to cure or correct this failure; and Company shall pay Xxxxx Fargo upon demand the amount of all costs and expenses (including reasonable attorneys’ fees and legal expense) incurred by Xxxxx Fargo in performing these obligations, together with interest on these amounts at the Default Rate.

Appears in 2 contracts

Samples: Credit and Security Agreement (Analysts International Corp), Credit and Security Agreement (Analysts International Corp)

Performance by Xxxxx Fargo. If Company Borrower fails to perform or observe any of its obligations under this Agreement at any time, Xxxxx Fargo may, upon reasonable notice to Borrower, but need not, perform or observe them on behalf of Company Borrower and may, but need not, take any other actions which Xxxxx Fargo may reasonably deem necessary to cure or correct this failure; and Company Borrower shall pay Xxxxx Fargo upon demand the amount of all costs and expenses (including reasonable attorneys’ fees and legal expense) incurred by Xxxxx Fargo in performing these obligations, together with interest on these amounts at the Default Rate.

Appears in 1 contract

Samples: Credit and Security Agreement (Command Security Corp)

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Performance by Xxxxx Fargo. If Company fails to perform or observe any of its obligations under this Agreement at any time, Xxxxx Fargo may, but need not, perform or observe them on behalf of Company and may, but need not, take any other actions which Xxxxx Fargo may reasonably deem necessary to cure or correct this failure; and Company shall pay Xxxxx Fargo upon demand the amount of all costs and expenses (including reasonable attorneys’ fees and legal expenseexpenses) incurred by Xxxxx Fargo in performing these obligations, together with interest on these amounts at the Default Rate.

Appears in 1 contract

Samples: Credit and Security Agreement (Physicians Formula Holdings, Inc.)

Performance by Xxxxx Fargo. If Company fails to perform or observe any of its obligations under this Agreement at any time, Xxxxx Fargo may, but need not, perform or observe them on behalf of Company and may, but need not, take any other actions which Xxxxx Fargo may reasonably deem necessary to cure or correct this failure; and Company shall pay Xxxxx Fargo upon demand the amount of all costs and expenses (including reasonable attorneys' fees and legal expense) incurred by Xxxxx Fargo in performing these obligations, together with interest on these amounts at the Default Rate.

Appears in 1 contract

Samples: Credit and Security Agreement (Hemacare Corp /Ca/)

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