Common use of Performance for Borrower Clause in Contracts

Performance for Borrower. Borrower agrees and hereby authorizes that the Lender may, in its reasonable discretion, but the Lender shall not be obligated to, advance funds on behalf of Borrower without prior notice to Borrower, in order to insure Borrower's compliance with any material covenant, warranty, representation or agreement of Borrower made in or pursuant to this Agreement or any of the Other Agreements, 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 Other 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 Borrower; provided, however, 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 or Default. Borrower shall pay to the Lender upon demand all such advances made by the Lender with interest thereon at the rate and 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 to the extent permitted by law.

Appears in 3 contracts

Samples: Loan Agreement (Horizon PCS Inc), Loan Agreement (Horizon Personal Communications Inc), Loan Agreement (Horizon PCS Inc)

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Performance for Borrower. Borrower agrees and hereby authorizes that the Lender may, in its reasonable sole discretion, but the Lender shall not be obligated to, advance funds on behalf of Borrower without prior notice to Borrower, in order to insure Borrower's compliance with any material covenant, warranty, representation or agreement of Borrower made in or pursuant to this Agreement or any of the Other Agreements, 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 Other 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 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 or Default. Borrower shall pay to the Lender upon demand all such advances made by the Lender with interest thereon at the rate and 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 to the extent permitted by law.

Appears in 2 contracts

Samples: Loan Agreement (Madison River Capital LLC), Loan Agreement (Madison River Capital LLC)

Performance for Borrower. Borrower agrees and hereby authorizes that the Lender may, in its reasonable sole discretion, but the Lender shall not be obligated to, advance funds on behalf of Borrower without prior notice to Borrower, in order to insure Borrower's compliance with any material covenant, warranty, representation or agreement of Borrower made in or pursuant to this Agreement or any of the Other Agreements, 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 Other 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 Borrower; provided, howeverhowever (1) 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 or Default. , Borrower shall pay to the Lender upon demand all such advances made by the Lender with interest thereon at the rate and 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 to the extent permitted by law.

Appears in 2 contracts

Samples: Loan Agreement (Madison River Capital LLC), Loan Agreement (Madison River Capital LLC)

Performance for Borrower. Borrower agrees and hereby authorizes that the Lender may, in its reasonable sole discretion, but the Lender shall not be obligated to, advance funds on behalf of Borrower without prior notice to Borrower, in order to insure Borrower's compliance with any material covenant, warranty, representation or agreement of Borrower made in or pursuant to this Agreement or any of the Other Agreements, 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 Other 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 Borrower; provided, however, 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 or Default. Borrower shall pay to the Lender upon demand all such advances made by the Lender with interest thereon at the rate and 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 to the extent permitted by law.

Appears in 2 contracts

Samples: Loan Agreement (Dakota Cooperative Telecommunications Inc), Loan Agreement (Dakota Cooperative Telecommunications Inc)

Performance for Borrower. Borrower agrees and hereby authorizes that the Lender may, in its reasonable sole discretion, but the Lender shall not be obligated to, advance funds on behalf of Borrower without prior notice to Borrower, in order to insure Borrower's compliance with any material covenant, warranty, representation or agreement of Borrower made in or pursuant to this Agreement or any of the Other Agreements, 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 Other 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 Borrower; provided, however, 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 or Default. Borrower shall pay to the Lender upon demand all such advances made by the Lender with interest thereon at the rate -16- and 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 to the extent permitted by law.

Appears in 1 contract

Samples: Loan Agreement (Dakota Telecommunications Group Delaware Inc)

Performance for Borrower. Borrower agrees and hereby authorizes that the Lender Bank may, in its reasonable Bank's sole discretion, but the Lender Bank shall not be obligated to, advance funds on behalf of Borrower without prior notice to Borrower, in order to insure Borrower's compliance with any material covenant, warranty, representation or agreement of Borrower made in or pursuant to this Agreement or any of the Other Agreements, to cover overdrafts in any checking or other accounts of Borrower at Bank or to preserve or protect any right or interest of the Lender Bank in the Collateral or under or pursuant to this Agreement or any of the Other Agreements, including without limitation, the payment of any insurance premiums premises 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 the Lender Bank shall not constitute a waiver by the Lender Bank of any Event of Default with respect to which such advance is made nor relieve Borrower of any such Event or of Default. Borrower shall pay to the Lender Bank upon demand all such advances made by the Lender Bank with interest thereon at the rate and determined in the manner provided provide 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 to the extent permitted by law.Bank hereunder. 10.02

Appears in 1 contract

Samples: Loan and Security Agreement (Interactive Systems Inc)

Performance for Borrower. Borrower agrees and hereby authorizes that the Lender Bank may, in its reasonable Bank’s sole discretion, but the Lender Bank shall not be obligated to, advance funds on behalf of 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 Other AgreementsLoan Documents, to cover overdrafts in any checking or other accounts of Borrower at Bank or to preserve or protect any right or interest of the Lender Bank in the Collateral or under or pursuant to this Agreement or any of the Other AgreementsLoan 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 the Lender Bank shall not constitute a waiver by the Lender Bank of any Event of Default with respect to which such advance is made nor relieve Borrower of any such Event or of Default. Borrower shall pay to the Lender Bank upon demand all such advances made by the Lender Bank with interest thereon at the rate and 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 to the extent permitted by lawBank hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Cuisine Solutions Inc)

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Performance for Borrower. Borrower agrees and hereby authorizes that the Lender may, in its reasonable sole discretion, but the Lender shall not be obligated to, advance funds on behalf of Borrower without prior notice to Borrower, in order to insure Borrower's compliance with any material covenant, warranty, representation or agreement of Borrower made in or pursuant to this Agreement or any of the Other Agreements, 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 Other 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 Borrower; , provided, however, 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 or Default. Borrower shall pay to the Lender upon demand all such advances made by the Lender with interest thereon at the rate and 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 to the extent permitted by law.

Appears in 1 contract

Samples: Loan Agreement (Emerging Communications Inc)

Performance for Borrower. Borrower agrees and hereby ------------------------ authorizes that the Lender may, in its reasonable sole discretion, but the Lender shall not be obligated to, advance funds on behalf of Borrower without prior notice to Borrower, in order to insure Borrower's compliance with any material covenant, warranty, representation or agreement of Borrower made in or pursuant to this Agreement or any of the Other Agreements, 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 Other 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 Borrower; , provided, however, 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 or Default. Borrower shall pay to the Lender upon demand all such advances made by the Lender with interest thereon at the rate and 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 to the extent permitted by law.

Appears in 1 contract

Samples: Loan Agreement (Emerging Communications Inc)

Performance for Borrower. Borrower agrees and hereby authorizes that the Lender may, in its reasonable Lender’s sole discretion, but the Lender shall not be obligated to, advance funds on behalf of 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 Other Agreements, 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 Other 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 Borrower; provided, however, 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 or of Default. Borrower shall pay to the Lender upon demand all such advances made by the Lender with interest thereon at the rate and 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 to the extent permitted by lawhereunder.

Appears in 1 contract

Samples: Security Agreement (Cuisine Solutions Inc)

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