Common use of Performance by Xxxxxx Clause in Contracts

Performance by Xxxxxx. If Borrower shall fail to perform any covenant, duty or agreement contained in any of the Loan Documents, Xxxxxx may perform or attempt to perform such covenant, duty or agreement on behalf of Borrower after the expiration of any cure or grace periods set forth herein. In such event, Xxxxxx shall give to Borrower written notice of the action promptly thereafter and Borrower shall, at the request of Xxxxxx, promptly pay any amount reasonably expended by Xxxxxx in such performance or attempted performance to Xxxxxx, together with interest thereon at the rate of interest in effect upon the occurrence of an Event of Default as specified in subsection 1.2(D) from the date of such expenditure until paid. Notwithstanding the foregoing, it is expressly agreed that Xxxxxx shall not have any liability or responsibility for the performance of any obligation of Borrower under this Agreement or any other Loan Document.

Appears in 3 contracts

Samples: Credit Agreement (Aki Inc), Credit Agreement (Aki Holding Corp), Credit Agreement (Aki Holding Corp)

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Performance by Xxxxxx. If During the continuance of an Event of Default, if Borrower shall fail to perform any covenant, duty or agreement contained in any of the Loan Documents, Xxxxxx may perform or attempt to perform such covenant, duty or agreement on behalf of Borrower after the expiration of any cure or grace periods set forth herein. In such event, Xxxxxx shall give to Borrower written notice of the action promptly thereafter and Borrower shall, at the request of Xxxxxx, promptly pay any amount reasonably expended by Xxxxxx in such performance or attempted performance to by Xxxxxx, together with interest thereon at the rate of interest in effect upon the occurrence of an Event of Default as specified in subsection 1.2(D) from the date of such expenditure until paid. Notwithstanding the foregoing, it is expressly agreed that Xxxxxx shall not have any liability or responsibility for the performance of any obligation of Borrower under this Agreement or any other Loan Document.

Appears in 1 contract

Samples: Servicing Agreement (Western Publishing Group Inc)

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