Common use of Performance for Borrower Clause in Contracts

Performance for Borrower. Borrower agrees and hereby authorizes that Lender may, in Lender’s sole discretion, but Lender shall not be obligated to, whether or not an Event of Default shall have occurred, advance funds on behalf of Borrower, without prior notice to Borrower, in order to insure Borrower’s compliance with any covenant, warranty, representation or agreement of Borrower made in or pursuant to this Agreement or any of the Loan Documents, to continue or complete, or cause to be continued or completed, performance of Borrower’s obligations under any contracts of Borrower, to cover overdrafts in any checking or other accounts of Borrower at Lender or to preserve or protect any right or interest of Lender in the Collateral or under or pursuant to this Agreement or any of the Loan Documents, including, without limitation, the payment of any insurance premiums or taxes and the satisfaction or discharge of any judgment or any Lien upon the Collateral or other property or assets of Borrower; provided, however, that the making of any such advance by Lender shall not constitute a waiver by Lender of any Event of Default with respect to which such advance is made nor relieve Borrower of any such Event of Default. Borrower shall pay to Lender upon demand all such advances made by Lender with interest thereon at the highest rate and calculated in the manner provided in the Note. All such advances shall be deemed to be included in the Obligations and secured by the security interest granted Lender hereunder; provided, however, that the provisions of this Section shall survive the termination of this Agreement and Lender’s security interest hereunder and the payment of all other Obligations.

Performance for Borrower. Borrower agrees and hereby authorizes that the Lender may, in Lender’s its sole discretion, but the Lender shall not be obligated to, whether or not an Event of Default shall have occurred, advance funds on behalf of Borrower, Borrower without prior notice to Borrower, in order to insure Borrower’s 's compliance with any material covenant, warranty, representation or agreement of Borrower made in or pursuant to this Agreement or any of the Loan DocumentsOther Agreements, to continue or complete, or cause to be continued or completed, performance of Borrower’s obligations under any contracts of Borrower, to cover overdrafts in any checking or other accounts of Borrower at Lender or to preserve or protect any right or interest of the Lender in the Collateral or under or pursuant to this Agreement or any of the Loan DocumentsOther Agreements, including, including without limitation, the payment of any insurance premiums or taxes and the satisfaction or discharge of any judgment or any Lien upon the Collateral or other property or assets of Borrower; provided, howeverhowever (i) prior to making any such advance, the Lender shall give the Borrower prior written notice of its intent to make such advances and, unless there is some imminent danger of the occurrence of a Material Adverse Effect, the Borrower shall have fifteen (15) Business Days to rectify the issue set forth in such notice, and (ii) that the making of any such advance by the Lender shall not constitute a waiver by the Lender of any Event of Default with respect to which such advance is made nor relieve Borrower of any such Event of or Default. Borrower shall pay to the Lender upon demand all such advances made by the Lender with interest thereon at the highest rate and calculated determined in the manner provided in the Note. All such advances shall be deemed to be included in the Obligations and secured by the security interest granted the Lender hereunder; provided, however, that hereunder to the provisions of this Section shall survive the termination of this Agreement and Lender’s security interest hereunder and the payment of all other Obligationsextent permitted by law.

Performance for Borrower. Borrower agrees and hereby authorizes that Lender may, in Lender’s sole discretion, but Lender shall not be obligated to, whether or not an Event of Default shall have occurred, advance funds on behalf of Borrower, without prior notice to Borrower, in order to insure Borrower’s compliance with any covenant, warranty, representation or agreement of Borrower made in or pursuant to this Agreement or any of the Loan Documents, to continue or complete, or cause to be continued or completed, performance of Borrower’s obligations under any contracts of Borrower, to cover overdrafts in any checking or other accounts of Borrower at Lender or to preserve or protect any right or interest of Lender in the Collateral or under or pursuant to this Agreement or any of the Loan Documents, including, without limitation, the payment of any insurance premiums or taxes and the satisfaction or discharge of any judgment or any Lien upon the Collateral or other property or assets of Borrower; provided, however, that the making of any such advance Advance by Lender shall not constitute a waiver by Lender of any Event of Default with respect to which such advance Advance is made nor relieve Borrower of any such Event of Default. Borrower shall pay to Lender upon demand all such advances Advances made by Lender with interest thereon at the highest rate and calculated in the manner provided in the NoteNotes. All such advances Advances shall be deemed to be included in the Obligations and secured by the security interest granted Lender hereunder; provided, however, that the provisions of this Section shall survive the termination of this Agreement and Lender’s security interest hereunder and the payment of all other Obligations.

Performance for Borrower. Borrower agrees and hereby authorizes that Lender may, in Lender’s sole discretion, but Lender shall not be obligated to, whether or not an Event of Default shall have occurred, advance funds on behalf of Borrower, without prior notice to Borrower, in order to insure Borrower’s compliance with any covenant, warranty, representation representation, or agreement of Borrower made in or pursuant to this Agreement or any of the Loan Documents, to continue or complete, or cause to be continued or completed, performance of Borrower’s obligations under any contracts of Borrower, to cover overdrafts in any checking or other accounts of Borrower at Lender or to preserve or protect any right or interest of Lender in the Collateral or under or pursuant to this Agreement or any of the Loan Documents, including, without limitation, the payment of any insurance premiums or taxes and the satisfaction or discharge of any judgment or any Lien upon the Collateral or other property or assets of Borrower; provided, however, that the making of any such advance by Lender shall not constitute a waiver by Lender of any Event of Default with respect to which such advance is made nor relieve Borrower of any such Event of Default. Borrower shall pay to Lender upon demand all such advances made by Lender with interest thereon at the highest rate and calculated in the manner provided in the Note. All such advances shall be deemed to be included in the Obligations and secured by the security interest granted Lender hereunder; provided, however, that the provisions of this Section Subsection shall survive the termination of this Agreement and Lender’s security interest hereunder and the payment of all other Obligations.

Performance for Borrower. Borrower agrees and hereby authorizes that Lender may, in Lender’s 's sole discretion, but Lender shall not be obligated to, whether or not an Event of Default shall have occurred, advance funds on behalf of Borrower, without prior notice to Borrower, in order to insure Borrower’s 's compliance with any covenant, warranty, representation or agreement of Borrower made in or pursuant to this Agreement or any of the Loan Documents, to continue or complete, or cause to be continued or completed, performance of Borrower’s 's obligations under any contracts of Borrower, to cover overdrafts in any checking or other accounts of Borrower at Lender or to preserve or protect any right or interest of Lender in the Collateral or under or pursuant to this Agreement or any of the Loan Documents, including, without limitation, the payment of any insurance premiums or taxes and the satisfaction or discharge of any judgment or any Lien upon the Collateral or other property or assets of Borrower; provided, however, that the making of any such advance by Lender shall not constitute a waiver by Lender of any Event of Default with respect to which such advance is made nor relieve Borrower of any such Event of Default. Borrower shall pay to Lender upon demand all such advances made by Lender with interest thereon at the highest rate and calculated in the manner provided in the Note. All such advances shall be deemed to be included in the Obligations and secured by the security interest granted Lender hereunder; provided, however, that the provisions of this Section shall survive the termination of this Agreement and Lender’s 's security interest hereunder and the payment of all other Obligations.

Performance for Borrower. The Borrower agrees and hereby authorizes that the Lender to, and the Lender may, in Lender’s sole discretion, but Lender shall not be obligated to, whether or not at any time and from time to time after an Event of Default shall have occurredor Default exists and is continuing but is under no obligation whatsoever to, advance funds on behalf of Borrower, without prior notice to Borrower, the Borrower in order to insure Borrower’s the compliance by the Borrower with any covenant, warranty, representation or agreement of Borrower made in or pursuant to this Agreement or any of the Loan other Financing Documents, including, without limitation (a) to continue or complete, or cause to be continued or completed, performance of Borrower’s the obligations of the Borrower under any contracts of Borroweror other agreements, (b) to cover any overdrafts in any checking or other accounts of the Borrower at Lender with the Lender, (c) to pay or to preserve or protect any right or interest of Lender in the Collateral or under or pursuant to this Agreement or any of the Loan Documents, including, without limitation, the payment of discharge any insurance premiums for insurance on or taxes with respect to the Collateral, (d) to pay or discharge any taxes, liens, security interests or other encumbrances on or with respect to the Collateral except for Permitted Liens which are paid current and not past due, and (e) to preserve, maintain or protect the Collateral and the satisfaction or discharge of any judgment or any Lien upon the Collateral or other property or assets of BorrowerSecurity Interests; provided, however, that the making of any such advance by the Lender shall not constitute a the waiver by Lender of any Event of Default with respect to which such advance is made or Default nor relieve the Borrower of any such Event of Default. Borrower shall pay to Lender upon demand all such advances made by Lender with interest thereon at its obligations hereunder or under any of the highest rate and calculated in the manner provided in the Noteother Financing Documents. All such advances shall be deemed to be a part of the Enforcement Costs and included in the Obligations and secured by the security interest granted Lender hereunder; provided, however, that the provisions of this Section shall survive the termination of this Agreement and Lender’s security interest hereunder and the payment of all other Obligationshereby.

Performance for Borrower. Borrower agrees and hereby authorizes that Lender may, in Lender’s sole discretion, but Lender shall not be obligated to, whether or not an Event of Default shall have occurred, advance funds on behalf of Borrower, without prior notice to Borrower, in order to insure Borrower’s compliance with any covenant, warranty, representation or agreement of Borrower made in or pursuant to this Agreement or any of the Loan Documents, to continue or complete, or cause to be continued or completed, performance of Borrower’s obligations under any contracts of Borrower, to cover overdrafts in any checking or other accounts of Borrower at Lender or to preserve or protect any right or interest of Lender in the Collateral or under or pursuant to this Agreement or any of the Loan Documents, including, without limitation, the payment of any insurance premiums or taxes and the satisfaction or discharge of any judgment or any Lien upon the Collateral or other property or assets of Borrower; provided, however, that the making of any such advance by Lender shall not constitute a waiver by Lender of any Event of Default with respect to which such advance is made nor relieve Borrower of any such Event of Default. Borrower shall pay to Lender upon demand all such advances made by Lender with interest thereon at the highest rate and calculated in the manner provided in the Note. All such advances shall be deemed to be included in the Obligations and secured by the security interest granted Lender hereunder; provided, however, that the provisions of this Section Subsection shall survive the termination of this Agreement and Lender’s security interest hereunder and the payment of all other Obligations.

Performance for Borrower. Borrower agrees and hereby authorizes that Lender Bank may, in Lender’s Bank's sole discretion, but Lender Bank shall not be obligated to, whether or not an Event of Default shall have occurred, and regardless of the Maximum Loan Amount, advance funds on behalf of Borrower, without prior notice to Borrower, in order to insure Borrower’s 's compliance with any covenant, warranty, representation or agreement of Borrower made in or pursuant to this Agreement or any of the Loan DocumentsOther Agreements, to continue or complete, or cause to be continued or completed, performance of Borrower’s 's obligations under any contracts of Borrower, to cover overdrafts in any checking or other accounts of Borrower at Lender Bank or to preserve or protect any right or interest of Lender Bank in the Collateral or under or pursuant to this Agreement or any of the Loan DocumentsOther Agreements, including, without limitation, the payment of any insurance premiums or taxes and the satisfaction or discharge of any judgment or any Lien upon the Collateral or other property or assets of BorrowerBorrower and compliance by Borrower with Environmental Laws; provided, however, that (a) unless a Default or Event of Default shall have occurred, or Bank in good faith believes that immediate action is required to be taken to protect or preserve any of the Collateral or any right or remedy of Bank hereunder or under any of the Other Agreements, Bank agrees to give Borrower five (5) days written notice prior to taking any action otherwise authorized under this Subsection 10.01, and (b) the making of any such advance by Lender Bank shall not constitute a waiver by Lender Bank of any Event of Default with respect to which such advance is made nor relieve Borrower of any such Event of Default. Any cost, expense or liability incurred by Bank or imposed upon Bank arising out of or in connection with the noncompliance by Borrower with the provisions of any Environmental Laws shall be treated as an advance of funds on behalf of Borrower under this Subsection 10.01, and Borrower shall indemnify, defend and save harmless Bank from and against any such cost, expense or liability. Borrower shall pay to Lender Bank upon demand all such advances made by Lender Bank under this Subsection 10.01 with interest thereon at the highest rate and calculated in the manner provided in the NoteNotes. All such advances shall be deemed to be included in the Obligations and secured by the security interest granted Lender Bank hereunder; provided, however, that the provisions of this Section Subsection shall survive the termination of this Agreement and Lender’s Bank's security interest hereunder and the payment of all other Obligations.

Performance for Borrower. Borrower agrees and hereby authorizes that Lender may, in Lender’s sole discretion, but Lender shall not be obligated to, whether or not an Event of Default shall have occurred, advance funds on behalf of Borrower, without prior notice to Borrower, in order to insure Borrower’s compliance with any covenant, warranty, representation or agreement of Borrower made in or pursuant to this Agreement or any of the Loan Documents, to continue or complete, or cause to be continued or completed, performance of Borrower’s obligations under any contracts of Borrower, to cover overdrafts in any checking or other accounts of Borrower at Lender or to preserve or protect any right or interest of Lender in the Collateral or under or pursuant to this Agreement or any of the Loan Documents, including, without limitation, the payment of any insurance premiums or taxes and the satisfaction or discharge of any judgment or any Lien upon the Collateral or other property or assets of Borrower; provided, however, that the making of any such advance by Lender shall not constitute a waiver by Lender of any Event of Default with respect to which such advance is made nor relieve Borrower of any such Event of Default. Borrower shall pay to Lender upon demand all such advances made by Lender with interest thereon at the highest rate and calculated in the manner provided in the Notes. Any funds so advanced shall be considered to be Line of Credit Advances of principal under the applicable LOC Note. All such advances shall be deemed to be included in the Obligations and secured by the security interest granted Lender hereunder; provided, however, that the provisions of this Section 11.1 shall survive the termination of this Agreement and Lender’s security interest hereunder and the payment of all other Obligations.