Common use of Performance Guarantor’s Further Agreements to Pay Clause in Contracts

Performance Guarantor’s Further Agreements to Pay. Performance Guarantor further agrees, as the principal obligor and not as a guarantor only, to pay to Recipient (and its assigns), forthwith upon demand in funds immediately available to Recipient, all reasonable costs and expenses (including court costs and reasonable legal expenses) incurred or expended by Recipient in connection with the Guaranteed Obligations, this Undertaking and the enforcement thereof, together with interest on amounts recoverable under this Undertaking from the time when such amounts become due until payment, at a rate of interest (computed for the actual number of days elapsed based on a 360 day year) equal to the Prime Rate plus 2% per annum, such rate of interest changing when and as the Prime Rate changes.

Appears in 16 contracts

Samples: Credit and Security Agreement (WestRock Co), Credit and Security Agreement (Rock-Tenn CO), Performance Undertaking (Rock-Tenn CO)

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Performance Guarantor’s Further Agreements to Pay. Performance Guarantor further agrees, as the principal obligor and not as a guarantor only, to pay to Recipient Beneficiary (and its assigns), forthwith upon demand in funds immediately available to RecipientBeneficiary, all reasonable costs and expenses (including court costs and reasonable legal expenses) incurred or expended by Recipient Beneficiary in connection with the Guaranteed Obligations, this Undertaking Guaranty and the enforcement thereof, together with interest on amounts recoverable under this Undertaking Guaranty from the time when such amounts become due until payment, at a rate of interest (computed for the actual number of days elapsed based on a 360 day year) equal to the Prime Rate plus 2% per annum, such rate of interest changing when and as the Prime Rate changes.

Appears in 8 contracts

Samples: Performance Guaranty (Cardinal Health Inc), Performance Guaranty (Cardinal Health Inc), Performance Guaranty (Cardinal Health Inc)

Performance Guarantor’s Further Agreements to Pay. Performance Guarantor further agrees, as the principal obligor and not as a guarantor only, to pay to Recipient (and its assigns), forthwith upon demand in funds immediately available to Recipient, all reasonable costs and expenses (including court costs and reasonable legal expenses) actually incurred or expended by Recipient in connection with enforcement of the Guaranteed Obligations, Obligations and/or this Undertaking and the enforcement thereofUndertaking, together with interest on amounts recoverable not paid by Performance Guarantor under this Undertaking from the time when within two Business Days after such amounts become due until payment, at a rate of interest (computed for the actual number of days elapsed based on a 360 day year) equal to the Prime Rate plus 2% per annum, such rate of interest changing when and as the Prime Rate changes.

Appears in 7 contracts

Samples: Credit and Security Agreement (Acuity Brands Inc), Credit and Security Agreement (Zep Inc.), Credit and Security Agreement (National Service Industries Inc)

Performance Guarantor’s Further Agreements to Pay. Performance Guarantor further agrees, as the principal obligor and not as a guarantor only, to pay to Recipient (and its assigns), forthwith upon demand in funds immediately available to Recipient, all reasonable costs and expenses (including court costs and reasonable legal expenses) incurred or expended by Recipient in connection with the Guaranteed Obligations, this Undertaking and the enforcement thereof, together with interest on amounts recoverable under this Undertaking from the time when such amounts become due until payment, at a rate of interest (computed for the actual number of days elapsed based on a 360 360-day year) equal to the Prime Rate plus 2% per annum, such rate of interest changing when and as the Prime Rate changes.

Appears in 4 contracts

Samples: Performance Undertaking (RPM International Inc/De/), Performance Undertaking (SCP Pool Corp), Performance Undertaking (RPM International Inc/De/)

Performance Guarantor’s Further Agreements to Pay. Performance Guarantor further agrees, as the principal obligor and not as a guarantor only, to pay to Recipient (and its assigns), forthwith upon demand in funds immediately available to Recipient, all reasonable costs and expenses (including court costs and reasonable legal expenses) incurred or expended by Recipient in connection with the Guaranteed Obligations, this Undertaking and the enforcement thereof, together with interest on amounts recoverable under this Undertaking from the time when such amounts become due until payment, at a rate of interest (computed for the actual number of days elapsed based on a 360 day year) equal to the Prime Rate of MUFG Bank, Ltd. plus 2% per annum, such rate of interest changing when and as the such Prime Rate changes.

Appears in 4 contracts

Samples: Receivables Purchase Agreement (Cencora, Inc.), Receivables Purchase Agreement (Amerisourcebergen Corp), Receivables Purchase Agreement (Amerisourcebergen Corp)

Performance Guarantor’s Further Agreements to Pay. Performance Guarantor further agrees, as the principal obligor and not as a guarantor only, to pay to Recipient (and its assigns)Recipient, forthwith upon demand in funds immediately available to Recipient, all reasonable costs and expenses (including court costs and reasonable legal expenses) incurred or expended by Recipient in connection with the Guaranteed Obligations, enforcing this Undertaking and the enforcement thereofUndertaking, together with interest on amounts recoverable under this Undertaking from the time when such amounts become due until payment, at a rate of interest (computed for the actual number of days elapsed based on a 360 day year) equal to the Prime Rate plus 2% per annum, such rate of interest changing when and as the Prime Rate changesDefault Rate.

Appears in 3 contracts

Samples: Credit and Security Agreement (Smithfield Foods Inc), Credit and Security Agreement (Smithfield Foods Inc), Credit and Security Agreement (Smithfield Foods Inc)

Performance Guarantor’s Further Agreements to Pay. Performance Guarantor further agrees, as the principal obligor and not as a guarantor only, to pay to Recipient (and its assigns), forthwith upon demand in funds immediately available to Recipient, all reasonable costs and expenses (including court costs and reasonable legal expenses) incurred or expended by Recipient in connection with the Guaranteed Obligations, this Undertaking and the enforcement thereof, together with interest on amounts recoverable under this Undertaking from the time when such amounts become due until payment, at a rate of interest (computed for the actual number of days elapsed based on a 360 365-, or when appropriate, 366-day year) equal to the Prime Rate plus 2% per annum, such rate of interest changing when and as the Prime Rate changes.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Tenneco Inc), Receivables Purchase Agreement (Tenneco Inc), Performance Undertaking (Tenneco Inc)

Performance Guarantor’s Further Agreements to Pay. Performance Guarantor further agrees, as the principal obligor and not as a guarantor only, to pay to Recipient (and its assigns), forthwith upon demand in funds immediately available to Recipient, all reasonable costs and expenses (including court costs and reasonable legal expenses) incurred or expended by Recipient in connection with the Guaranteed Obligations, this Undertaking and the enforcement thereof, together with interest on amounts recoverable under this Undertaking from the time when such amounts become due until payment, at a rate of interest (computed for the actual number of days elapsed based on a 360 day year) equal to the Wachovia Prime Rate plus 2% per annum, such rate of interest changing when and as the such Prime Rate changes.

Appears in 2 contracts

Samples: Performance Undertaking (Amerisourcebergen Corp), Performance Undertaking (Amerisourcebergen Corp)

Performance Guarantor’s Further Agreements to Pay. Performance Guarantor further agrees, as the principal obligor and not as a guarantor only, to pay to Recipient (and its assigns), forthwith upon demand in funds immediately available to Recipient, all reasonable costs and expenses (including court costs and reasonable legal expenses) actually incurred or expended by Recipient in connection with the Guaranteed Obligations, this Undertaking and the enforcement thereof, together with interest on amounts recoverable under this Undertaking from the time when such amounts become due until payment, at a rate of interest (computed for the actual number of days elapsed based on a 360 day year) equal to the Prime Rate plus 2% per annum, such rate of interest changing when and as the Prime Rate changes.

Appears in 2 contracts

Samples: Credit and Security Agreement (Mohawk Industries Inc), Credit and Security Agreement (Mohawk Industries Inc)

Performance Guarantor’s Further Agreements to Pay. The Performance Guarantor further agrees, as the a principal obligor and not as a guarantor only, to pay to Recipient (and its assigns), forthwith upon demand in funds immediately available to Recipient, all reasonable costs and expenses (including court costs and reasonable legal expenses) incurred or expended by Recipient in connection with the Guaranteed Obligations, this Undertaking and the enforcement thereof, together with interest on amounts recoverable under this Undertaking from the time when such amounts become due until payment, at a rate of interest (computed for the actual number of days elapsed based on a 360 day year) equal to the Prime Rate plus 2% per annum, such rate of interest changing when and as the Prime Rate changes.

Appears in 2 contracts

Samples: Performance Undertaking (WestRock Co), Credit and Security Agreement (WestRock Co)

Performance Guarantor’s Further Agreements to Pay. Performance Guarantor further agrees, as the principal obligor and not as a guarantor only, to pay to Recipient (and its assigns), forthwith upon demand in funds immediately available to Recipient, all reasonable costs and expenses (including court costs and reasonable legal expenses) incurred or expended by Recipient in connection with the Guaranteed Obligations, this Undertaking and the enforcement thereof, together with interest on amounts recoverable under this Undertaking from the time when such amounts become due until payment, at a rate of interest (computed for the actual number of days elapsed based on a 360 day year) equal to the Prime Base Rate plus 2% per annum, such rate of interest changing from time to time when and as the Prime Base Rate changes.

Appears in 2 contracts

Samples: Performance Undertaking (Sungard Data Systems Inc), Performance Undertaking (Sungard Data Systems Inc)

Performance Guarantor’s Further Agreements to Pay. Performance Guarantor further agrees, as the principal obligor and not as a guarantor only, to pay to Recipient (and its assigns), forthwith upon demand in funds immediately available to Recipient, all reasonable costs and expenses (including court costs and reasonable legal expenses) actually incurred or expended by Recipient in connection with the Guaranteed Obligations, this Undertaking and the enforcement thereof, together with interest on amounts recoverable under this Undertaking from the time when such amounts become due until payment, at a rate of interest (computed for the actual number of days elapsed based on a 360 day year) equal to the Prime Rate plus 2% per annumPER ANNUM, such rate of interest changing when and as the Prime Rate changes.

Appears in 2 contracts

Samples: Credit and Security Agreement (Equifax Inc), Performance Undertaking (Equifax Inc)

Performance Guarantor’s Further Agreements to Pay. Performance Guarantor further agrees, as the principal obligor and not as a guarantor only, to pay to Recipient (and its assigns)Recipient, forthwith upon demand in funds immediately available to Recipient, all reasonable costs and expenses (including court costs and reasonable legal expenses) incurred or expended by Recipient in connection with the Guaranteed Obligations, this Undertaking and the enforcement thereof, together with interest on amounts recoverable under this Undertaking from the time when such amounts become due until payment, at a rate of interest (computed for the actual number of days elapsed based on a 360 day year) equal to the Prime Rate plus 2% per annum, such rate of interest changing when and as the Prime Rate changes.

Appears in 2 contracts

Samples: Receivables Transfer Agreement (Fisher Scientific International Inc), Receivables Transfer Agreement (Fisher Scientific International Inc)

Performance Guarantor’s Further Agreements to Pay. Performance Guarantor further agrees, as the principal obligor and not as a guarantor only, to pay to Recipient (and its assigns), forthwith upon demand in funds immediately available to Recipient, all reasonable costs and expenses (including court costs and reasonable legal expenses) incurred or expended by Recipient in connection with the Guaranteed Obligations, this Undertaking and the enforcement thereof, together with interest on amounts recoverable under this Undertaking from the time when such amounts become due until payment, at a rate of interest (computed for the actual number of days elapsed based on a 360 day year) equal to the Prime Rate of Bank of America plus 2% per annum, such rate of interest changing when and as the such Prime Rate changes.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Amerisourcebergen Corp), Receivables Purchase Agreement (Amerisourcebergen Corp)

Performance Guarantor’s Further Agreements to Pay. Performance Guarantor further agrees, as the principal obligor and not as a guarantor only, to pay to Recipient (and its assigns), forthwith upon demand in funds immediately available to Recipient, all reasonable costs and expenses (including court costs and reasonable legal expenses) incurred or expended by Recipient in connection with the Guaranteed Obligations, this Undertaking and the enforcement thereof, together with interest on amounts recoverable under this Undertaking from the time when such amounts become due until payment, at a rate of interest (computed for the actual number of days elapsed based on a 360 day year) equal to the Prime Rate of Wachovia plus 2% per annum, such rate of interest changing when and as the such Prime Rate changes.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Amerisourcebergen Corp), Receivables Purchase Agreement (Amerisourcebergen Corp)

Performance Guarantor’s Further Agreements to Pay. Performance Guarantor further agrees, as the principal obligor and not as a guarantor only, to pay to Recipient (and its assigns), forthwith upon demand in funds immediately available to Recipient, all reasonable costs and expenses (including court costs and reasonable legal expenses) incurred or expended by Recipient in connection with the Guaranteed Obligations, enforcement of this Undertaking and the enforcement thereofUndertaking, together with interest on amounts recoverable under this Undertaking from the time when such amounts become due until payment, at a rate of interest (computed for the actual number of days elapsed based on a 360 365 day year) equal to the Scotia Prime Rate plus 2% per annum, such rate of interest changing when and as the Scotia Prime Rate changes.

Appears in 1 contract

Samples: Performance Undertaking (United Rentals Inc /De)

Performance Guarantor’s Further Agreements to Pay. Performance Guarantor further agrees, as the principal obligor and not as a guarantor only, to pay to Recipient (and its assigns), forthwith upon demand in funds immediately available to Recipient, all reasonable costs and expenses (including court costs and reasonable legal expenses) incurred or expended by Recipient in connection with the Guaranteed Obligations, this Undertaking and the enforcement thereof, together with interest on amounts recoverable under this Undertaking from the time when such amounts become due until payment, at a rate of interest (computed for the actual number of days elapsed based on a 360 day year) equal to the Prime Rate plus 2% per annumannum , such rate of interest changing when and as the Prime Rate changes.

Appears in 1 contract

Samples: Performance Undertaking (Adc Telecommunications Inc)

Performance Guarantor’s Further Agreements to Pay. Performance Guarantor further agrees, as the principal obligor and not as a guarantor only, to pay to Recipient (and its assigns), forthwith upon demand in funds immediately available to Recipient, all reasonable costs and expenses (including court costs and reasonable legal expenses) actually incurred or expended by Recipient in connection with enforcement of the Guaranteed Obligations, Obligations and/or this Undertaking and the enforcement thereofUndertaking, together with interest on amounts recoverable not paid by Performance Guarantor under this Undertaking from the time when within two Business Days after such amounts become due until payment, at a rate of interest (computed for the actual number of days elapsed based on a 360 day year) equal to the Prime LIBOR Index Rate plus 2% per annum, such rate of interest changing when and as the Prime LIBOR Index Rate changes.

Appears in 1 contract

Samples: Performance Undertaking (Zep Inc.)

Performance Guarantor’s Further Agreements to Pay. Performance Guarantor further agrees, as the principal obligor and not as a guarantor only, to pay to Recipient Buyer (and its assigns), forthwith upon demand in funds immediately available to RecipientBuyer, all reasonable costs and expenses (including court costs and reasonable legal expenses) incurred or expended by Recipient Buyer in connection with the Guaranteed Obligations, this Undertaking and the enforcement thereof, together with interest on amounts recoverable under this Undertaking from the time when such amounts become due until payment, at a rate of interest (computed for the actual number of days elapsed based on a 360 360-day year) equal to the Prime sum of the Index Rate plus 2% the Daily Margin plus the Daily Default Margin per annum, such rate of interest changing when and as the Prime Index Rate changes.

Appears in 1 contract

Samples: Receivables Sale and Contribution Agreement (Wabash National Corp /De)

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Performance Guarantor’s Further Agreements to Pay. Each Performance Guarantor further agrees, as the principal obligor and not as a guarantor only, to pay to Recipient (and its assigns), forthwith upon demand in funds immediately available to Recipient, all reasonable costs and expenses (including court costs and reasonable legal expenses) incurred or expended by Recipient in connection with the Guaranteed Obligations, this Undertaking and the enforcement thereof, together with interest on amounts recoverable under this Undertaking from the time when such amounts become due until payment, at a rate of interest (computed for the actual number of days elapsed based on a 360 day year) equal to the Prime Rate plus 2% per annum, such rate of interest changing when and as the Prime Rate changes.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Caremark Rx Inc)

Performance Guarantor’s Further Agreements to Pay. Performance Guarantor further agrees, as the principal obligor and not as a guarantor only, to pay to Recipient (and its assigns), forthwith upon demand in funds immediately available to Recipient, all reasonable costs and expenses (including court costs and reasonable legal expenses) incurred or expended by Recipient in connection with the Guaranteed Obligations, enforcement of this Undertaking and the enforcement thereofUndertaking, together with interest on amounts recoverable under this Undertaking from the time when such amounts become due until payment, at a rate of interest (computed for the actual number of days elapsed based on a 360 day year) equal to the Calyon Prime Rate plus 2% per annum, such rate of interest changing when and as the Calyon Prime Rate changes.

Appears in 1 contract

Samples: Performance Undertaking (United Rentals North America Inc)

Performance Guarantor’s Further Agreements to Pay. Performance Guarantor further agrees, as the principal obligor and not as a guarantor only, to pay to Recipient (and its assigns), forthwith upon demand in funds immediately available to Recipient, all reasonable costs and expenses (including court costs and reasonable legal expenses) incurred or expended by Recipient in connection with the Guaranteed Obligations, this Undertaking and the enforcement thereof, together with interest on amounts recoverable under this Undertaking from the time when such amounts become due until payment, at a rate of interest (computed for the actual number of days elapsed based on a 360 day year) equal to the Prime Alternate Base Rate plus the Applicable Base Rate Percentage then in effect plus 2% per annum, such rate of interest changing when and as the Prime Rate changes.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Wolverine Tube Inc)

Performance Guarantor’s Further Agreements to Pay. The Performance Guarantor further agrees, as the principal obligor and not as a guarantor only, to pay to Recipient Beneficiary (and its assigns), forthwith upon demand in funds immediately available to RecipientBeneficiary, all reasonable costs and expenses (including court costs and reasonable legal expenses) incurred or expended by Recipient Beneficiary in connection with the Guaranteed Obligations, enforcement of this Undertaking and the enforcement thereofUndertaking, together with interest on amounts recoverable under this Undertaking from the time when such amounts become due until payment, at a rate of interest (computed for the actual number of days elapsed based on a 360 360-day year) equal to the Prime Default Rate plus 2% per annum, such rate of interest changing when and (as defined in the Prime Rate changesLoan Agreement).

Appears in 1 contract

Samples: Performance Undertaking (Jarden Corp)

Performance Guarantor’s Further Agreements to Pay. Performance Guarantor further agrees, as the principal obligor and not as a guarantor only, to pay to Recipient Beneficiary (and its assigns), forthwith upon demand in funds immediately available to RecipientBeneficiary, all reasonable costs and expenses (including court costs and reasonable legal expenses) incurred or expended by Recipient Beneficiary in connection with the Guaranteed Obligations, this Undertaking Guaranty and the enforcement thereof, together with interest on amounts recoverable under this Undertaking Guaranty from the time when such amounts become due until payment, at a rate of interest (computed for the actual number of days elapsed based on a 360 360-day year) equal to the Prime Rate plus 2% per annum, such rate of interest changing when and as the Prime Rate changes.

Appears in 1 contract

Samples: Performance Guaranty (Cardinal Health Inc)

Performance Guarantor’s Further Agreements to Pay. Each Performance Guarantor further agrees, as the a principal obligor and not as a guarantor only, to pay to Recipient (and its assigns), forthwith upon demand in funds immediately available to Recipient, all reasonable costs and expenses (including court costs and reasonable legal expenses) incurred or expended by Recipient in connection with the Guaranteed Obligations, this Undertaking and the enforcement thereof, together with interest on amounts recoverable under this Undertaking from the time when such amounts become due until payment, at a rate of interest (computed for the actual number of days elapsed based on a 360 day year) equal to the Prime Rate plus 2% per annum, such rate of interest changing when and as the Prime Rate changes.

Appears in 1 contract

Samples: Performance Undertaking (WestRock Co)

Performance Guarantor’s Further Agreements to Pay. Performance Guarantor further agrees, as the principal obligor and not as a guarantor only, to pay to Recipient (and its assigns), forthwith upon demand in funds immediately available to Recipient, all invoiced and reasonable costs and expenses (including court costs and reasonable legal expenses) incurred or expended by Recipient in connection with the Guaranteed Obligations, this Undertaking and the enforcement thereof, together with interest on amounts recoverable under this Undertaking from the time when such amounts become due until payment, at a rate of interest (computed for the actual number of days elapsed based on a 360 day year) equal to the Prime Rate plus 2% per annum, such rate of interest changing when and as the Prime Rate changes.

Appears in 1 contract

Samples: Performance Undertaking (Ceridian Corp /De/)

Performance Guarantor’s Further Agreements to Pay. Performance Guarantor further agrees, as the principal obligor and not as a guarantor only, to pay to Recipient (and its assigns), forthwith upon demand in funds immediately available to Recipient, all reasonable costs and expenses (including court costs and reasonable legal expenses) incurred or expended by Recipient in connection with the Guaranteed Obligations, this Undertaking and the enforcement thereof, together with interest on amounts recoverable under this Undertaking from the time when such amounts become due until payment, payment at a rate of interest (computed for the actual number of days elapsed based on a 360 day year) equal to the Prime Alternate Base Rate plus PLUS the Applicable Base Rate Percentage then in effect PLUS 2% per annum, such rate of interest changing when and as the Prime Rate changes.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Wolverine Tube Inc)

Performance Guarantor’s Further Agreements to Pay. Performance Guarantor further agrees, as the principal obligor and not as a guarantor only, to pay to Recipient (and its assigns), forthwith upon demand in funds immediately available to Recipient, all reasonable costs and expenses (including court costs and reasonable legal expenses) incurred or expended by Recipient in connection with the Guaranteed Obligations, this Undertaking and the enforcement thereof, together with interest on amounts recoverable under this Undertaking from the time when such amounts become due until payment, at a rate of interest (computed for the actual number of days elapsed based on a 360 day year) equal to the Prime Rate plus 2% per annum, such rate of interest changing when and as the Prime Rate changes.

Appears in 1 contract

Samples: Credit and Security Agreement (Louisiana Pacific Corp)

Performance Guarantor’s Further Agreements to Pay. The Performance Guarantor further agrees, as the principal obligor and not as a guarantor only, to pay to Recipient (and its assigns)the Beneficiaries, forthwith upon demand 30 days following written notice in funds immediately available to Recipientthe Beneficiaries, all reasonable and documented out-of-pocket costs and expenses (including court costs and reasonable legal expenses) incurred or expended by Recipient such Beneficiaries in connection with the Guaranteed Obligations, enforcement of this Undertaking Guaranty and the enforcement thereof, together with interest on amounts recoverable under this Undertaking Guaranty from the time when such amounts become due until payment, at a rate of interest (computed for the actual number of days elapsed based on a 360 day year) equal to the Prime Base Rate plus 2% per annum, such rate of interest changing when and as the Prime Base Rate changes.

Appears in 1 contract

Samples: Receivables Sale Agreement (Kinder Morgan Inc)

Performance Guarantor’s Further Agreements to Pay. Performance Guarantor further agrees, as the principal obligor and not as a guarantor only, to pay to Recipient each Beneficiary (and its assigns), forthwith upon demand in funds immediately available to Recipientsuch Beneficiary, all reasonable costs and expenses (including court costs and reasonable legal expenses) incurred or expended by Recipient such Beneficiary in connection with the Guaranteed Obligations, enforcement of Obligations or this Undertaking and the enforcement thereofUndertaking, together with interest on amounts recoverable under this Undertaking from the time when such amounts become due until payment, at a rate of interest (computed for the actual number of days elapsed based on a 360 360-day year) equal to the Prime Rate plus 23% per annum, such rate of interest changing when and as the Prime Rate changes.

Appears in 1 contract

Samples: Receivables Purchase Agreement (American Commercial Lines LLC)

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