Common use of Performance of Covenants by Administrative Agent Clause in Contracts

Performance of Covenants by Administrative Agent. The Administrative Agent may, on the instructions of the Majority Lenders and upon notice by the Administrative Agent to the Borrower, perform any covenant of the Borrower under this agreement which the Borrower fails to perform or cause to be performed and which the Administrative Agent is capable of performing, including any covenants the performance of which requires the payment of money, provided that the Administrative Agent shall not be obligated to perform any such covenant on behalf of the Borrower and no such performance by the Administrative Agent shall require the Administrative Agent to further perform the Borrower’s covenants or shall operate as a derogation of the rights and remedies of the Administrative Agent and the Lenders under this agreement or as a waiver of such covenant by the Administrative Agent. Any amounts paid by the Administrative Agent as aforesaid shall be reimbursed by the Lenders in their Pro Rata Shares and shall be repaid by the Borrower to the Administrative Agent on behalf of the Lenders on demand.

Appears in 6 contracts

Samples: Credit Agreement (Primero Mining Corp), Credit Agreement (Allied Nevada Gold Corp.), Loan Agreement (Yamana Gold Inc)

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Performance of Covenants by Administrative Agent. The Administrative Agent may, on the instructions of the Majority Lenders and upon notice by the Administrative Agent to the Borrower, perform any covenant of the Borrower an Obligor under this agreement which the Borrower such Obligor fails to perform or cause to be performed and which the Administrative Agent is capable of performing, including any covenants the performance of which requires the payment of money, provided that the Administrative Agent shall not be obligated to perform any such covenant on behalf of the Borrower and no such performance by the Administrative Agent shall require the Administrative Agent to further perform the Borrower’s covenants or shall operate as a derogation of the rights and remedies of the Administrative Agent and the Lenders under this agreement or as a waiver of such covenant by the Administrative Agent. Any amounts paid by the Administrative Agent as aforesaid shall be reimbursed by the Lenders in their Pro Rata Shares and shall be repaid by the Borrower to the Administrative Agent on behalf of the Lenders on demand.

Appears in 5 contracts

Samples: Loan Agreement (Silver Wheaton Corp.), Loan Agreement (Silver Wheaton Corp.), Bridge Loan Agreement (Silver Wheaton Corp.)

Performance of Covenants by Administrative Agent. The Administrative Agent may, on the instructions of the Majority Lenders and upon notice by the Administrative Agent to the Borrower, perform any covenant of the Borrower under this agreement Agreement which the Borrower fails to perform or cause to be performed after demand for performance has been made and which the Administrative Agent is capable of performing, including any covenants the performance of which requires the payment of money, provided that the Administrative Agent shall not be obligated to perform any such covenant on behalf of the Borrower and no such performance by the Administrative Agent shall require the Administrative Agent to further perform the Borrower’s covenants or shall operate as a derogation of the rights and remedies of the Administrative Agent and the Lenders Finance Parties under this agreement Agreement or as a waiver of such covenant by the Administrative Agent. Any amounts paid by the Administrative Agent as aforesaid shall be reimbursed by the Lenders in their Pro Rata Shares and shall be repaid by the Borrower to the Administrative Agent on behalf of the Lenders on demand.

Appears in 4 contracts

Samples: Revolving Credit Facility (Gatos Silver, Inc.), Revolving Credit Facility (Gatos Silver, Inc.), Revolving Credit Facility (Gatos Silver, Inc.)

Performance of Covenants by Administrative Agent. The Administrative Agent may, on the instructions of the Majority Lenders and upon notice by the Administrative Agent to the BorrowerBorrowers, perform any covenant of the Borrower Borrowers under this agreement which the Borrower fails Borrowers fail to perform or cause to be performed after demand for performance has been made and which the Administrative Agent is capable of performing, including any covenants the performance of which requires the payment of money, provided that the Administrative Agent shall not be obligated to perform any such covenant on behalf of the Borrower Borrowers and no such performance by the Administrative Agent shall require the Administrative Agent to further perform the Borrower’s Borrowers’ covenants or shall operate as a derogation of the rights and remedies of the Administrative Agent and the Lenders Finance Parties under this agreement or as a waiver of such covenant by the Administrative Agent. Any amounts paid by the Administrative Agent as aforesaid shall be reimbursed by the Lenders in their Pro Rata Shares and shall be repaid by the Borrower Borrowers to the Administrative Agent on behalf of the Lenders on demand.

Appears in 3 contracts

Samples: Credit Agreement (Equinox Gold Corp.), Credit Agreement (Equinox Gold Corp.), Credit Agreement (Equinox Gold Corp.)

Performance of Covenants by Administrative Agent. The Administrative Agent may, on the instructions of the Majority Lenders and upon notice by the Administrative Agent to the Borrower, perform any covenant of the Borrower under this agreement which the Borrower fails to perform or cause to be performed after demand for performance has been made and which the Administrative Agent is capable of performing, including any covenants the performance of which requires the payment of money, provided that the Administrative Agent shall not be obligated to perform any such covenant on behalf of the Borrower and no such performance by the Administrative Agent shall require the Administrative Agent to further perform the Borrower’s covenants or shall operate as a derogation of the rights and remedies of the Administrative Agent and the Lenders Finance Parties under this agreement or as a waiver of such covenant by the Administrative Agent. Any amounts paid by the Administrative Agent as aforesaid shall be reimbursed by the Lenders in their Pro Rata Shares and shall be repaid by the Borrower to the Administrative Agent on behalf of the Lenders on demand.

Appears in 3 contracts

Samples: Credit Agreement (Orla Mining Ltd.), Credit Agreement (Ero Copper Corp.), Credit Agreement (Equinox Gold Corp.)

Performance of Covenants by Administrative Agent. The Administrative Agent may, on the instructions of the Majority Lenders and upon notice by the Administrative Agent to the BorrowerBorrowers, perform any covenant of the Borrower Borrowers under this agreement which the Borrower fails Borrowers fail to perform or cause to be performed and which the Administrative Agent is capable of performing, including any covenants the performance of which requires the payment of money, provided that the Administrative Agent shall not be obligated to perform any such covenant on behalf of the Borrower Borrowers and no such performance by the Administrative Agent shall require the Administrative Agent to further perform the Borrower’s Borrowers' covenants or shall operate as a derogation of the rights and remedies of the Administrative Agent and the Lenders under this agreement or as a waiver of such covenant by the Administrative Agent. Any amounts paid by the Administrative Agent as aforesaid shall be reimbursed by the Lenders in their Pro Rata Shares and shall be repaid by the Borrower Borrowers to the Administrative Agent on behalf of the Lenders on demand.

Appears in 3 contracts

Samples: Loan Agreement (4352351 Canada Inc.), Credit Agreement (Kinam Gold Inc), Credit Agreement (Kinross Gold Corp)

Performance of Covenants by Administrative Agent. The Administrative Agent may, on the instructions of the Majority Lenders and upon notice by the Administrative Agent to the Borrower, perform any covenant of the Borrower under this agreement which the Borrower such Obligor fails to perform or cause to be performed after demand for performance has been made and which the Administrative Agent is capable of performing, including any covenants the performance of which requires the payment of money, provided that the Administrative Agent shall not be obligated to perform any such covenant on behalf of the Borrower an Obligor and no such performance by the Administrative Agent shall require the Administrative Agent to further perform the Borroweran Obligor’s covenants or shall operate as a derogation of the rights and remedies of the Administrative Agent and the Lenders Finance Parties under this agreement or as a waiver of such covenant by the Administrative Agent. Any amounts paid by the Administrative Agent as aforesaid shall be reimbursed by the Lenders in their Pro Rata Shares and shall be repaid by the Borrower to the Administrative Agent on behalf of the Lenders on demand.

Appears in 2 contracts

Samples: First Amending Agreement (Triple Flag Precious Metals Corp.), Loan Agreement (Triple Flag Precious Metals Corp.)

Performance of Covenants by Administrative Agent. The Administrative Agent may, on the instructions of the Majority Lenders and upon notice by the Administrative Agent to the Borrower, following the occurrence of an Event of Default that is continuing, perform any covenant of the Borrower a Group Member under this agreement which the Borrower such Group Member fails to perform or cause to be performed and which the Administrative Agent is capable of performing, including any covenants the performance of which requires the payment of money, provided that the Administrative Agent shall not be obligated to perform any such covenant on behalf of the Borrower and no such performance by the Administrative Agent shall require the Administrative Agent to further perform the Borrower’s covenants or shall operate as a derogation of the rights and remedies of the Administrative Agent and the Lenders under this agreement or as a waiver of such covenant by the Administrative Agent. Any amounts paid by the Administrative Agent as aforesaid shall be reimbursed by the Lenders in their Pro Rata Shares and shall be repaid by the Borrower to the Administrative Agent on behalf of the Lenders on demand.

Appears in 2 contracts

Samples: Credit Agreement (CI Financial Corp.), Loan Agreement (CI Financial Corp.)

Performance of Covenants by Administrative Agent. The Administrative Agent may, on the instructions of the Majority Lenders and upon notice by the Administrative Agent to the Borrower, perform any covenant of the Borrower under this agreement which the Borrower fails to perform or cause to be performed and which the Administrative Agent is capable of performing, including any covenants the performance of which requires the payment of money, provided that the Administrative Agent shall not be obligated to perform any such covenant on behalf of the Borrower and no such performance by the Administrative Agent shall require the Administrative Agent to further perform the Borrower’s covenants or shall operate as a derogation of the rights and remedies of the Administrative Agent and the Lenders Finance Parties under this agreement or as a waiver of such covenant by the Administrative Agent. Any amounts paid by the Administrative Agent as aforesaid shall be reimbursed by the Lenders in their Pro Rata Shares and shall be repaid by the Borrower to the Administrative Agent on behalf of the Lenders on demand.

Appears in 2 contracts

Samples: Credit Agreement (Silvercrest Mines Inc), Credit Agreement (Endeavour Silver Corp)

Performance of Covenants by Administrative Agent. The Administrative Agent may, on the instructions of the Majority Lenders and upon notice by the Administrative Agent to the Borrower, perform any covenant of the Borrower under this agreement which the Borrower such Person fails to perform or cause to be performed and which the Administrative Agent is capable of performing, including any covenants the performance of which requires the payment of money, provided that the Administrative Agent shall not be obligated to perform any such covenant on behalf of the Borrower such Person and no such performance by the Administrative Agent shall require the Administrative Agent to further perform the Borrowersuch Person’s covenants or shall operate as a derogation of the rights and remedies of the Administrative Agent and the Lenders under this agreement or as a waiver of such covenant by the Administrative Agent. Any amounts paid by the Administrative Agent as aforesaid shall be reimbursed by the Lenders in their Pro Rata Shares and shall be repaid by the Borrower to the Administrative Agent on behalf of the Lenders on demand.

Appears in 2 contracts

Samples: Credit Agreement (New Gold Inc. /FI), Credit Agreement (New Gold Inc. /FI)

Performance of Covenants by Administrative Agent. The Administrative Agent may, on the instructions of the Majority Lenders and upon notice by the Administrative Agent to the BorrowerBorrowers, perform any covenant of the Borrower Borrowers under this agreement which the Borrower fails Borrowers fail to perform or cause to be performed and which the Administrative Agent is capable of performing, including any covenants the performance of which requires the payment of money, provided that the Administrative Agent shall not be obligated to perform any such covenant on behalf of the Borrower Borrowers and no such performance by the Administrative Agent shall require the Administrative Agent to further perform the Borrower’s Borrowers' covenants or shall operate as a derogation of the rights and remedies of the Administrative Agent and the Lenders under this agreement or as a waiver of such covenant by the Administrative Agent. Any amounts paid by the Administrative Agent as aforesaid shall be reimbursed by the Lenders in their Global Pro Rata Shares and shall be repaid by the Borrower Borrowers to the Administrative Agent on behalf of the Lenders on demand.

Appears in 2 contracts

Samples: Credit Agreement (Kinross Gold Corp), Credit Agreement (Kinross Gold Corp)

Performance of Covenants by Administrative Agent. The Administrative Agent may, on the instructions of the Majority Lenders and upon notice by the Administrative Agent to the Borrower, perform any covenant of the Borrower under this agreement Agreement which the Borrower fails to perform or cause to be performed and which the Administrative Agent is capable of performing, including any covenants the performance of which requires the payment of money, provided that the Administrative Agent shall not be obligated to perform any such covenant on behalf of the Borrower and no such performance by the Administrative Agent shall require the Administrative Agent to further perform the Borrower’s covenants or shall operate as a derogation of the rights and remedies of the Administrative Agent and the Lenders under this agreement Agreement or as a waiver of such covenant by the Administrative Agent. Any amounts paid by the Administrative Agent as aforesaid shall be reimbursed by the Lenders in their Pro Rata Shares and shall be repaid by the Borrower to the Administrative Agent on behalf of the Lenders on demand.

Appears in 2 contracts

Samples: Loan Agreement (Royal Gold Inc), Credit Agreement (Lake Shore Gold Corp)

Performance of Covenants by Administrative Agent. The Administrative Agent may, on the instructions of the Majority Lenders and upon notice by the Administrative Agent to the BorrowerBorrowers, perform any covenant of the Borrower Borrowers under this agreement which the Borrower such Obligor fails to perform or cause to be performed after demand for performance has been made and which the Administrative Agent is capable of performing, including any covenants the performance of which requires the payment of money, provided that the Administrative Agent shall not be obligated to perform any such covenant on behalf of the Borrower an Obligor and no such performance by the Administrative Agent shall require the Administrative Agent to further perform the Borroweran Obligor’s covenants or shall operate as a derogation of the rights and remedies of the Administrative Agent and the Lenders Finance Parties under this agreement or as a waiver of such covenant by the Administrative Agent. Any amounts paid by the Administrative Agent as aforesaid shall be reimbursed by the Lenders in their Pro Rata Shares and shall be repaid by the Borrower Borrowers to the Administrative Agent on behalf of the Lenders on demand.

Appears in 1 contract

Samples: Loan Agreement (Triple Flag Precious Metals Corp.)

Performance of Covenants by Administrative Agent. The Administrative Agent may, on the instructions of the Majority Lenders and upon notice by the Administrative Agent to the BorrowerBorrower Representative, perform any covenant of the Borrower Borrowers under this agreement Agreement which the any Borrower fails to perform or cause to be performed and which the Administrative Agent is capable of performing, including any covenants the performance of which requires the payment of money, provided that the Administrative Agent shall not be obligated to perform any such covenant on behalf of the such Borrower and no such performance by the Administrative Agent shall require the Administrative Agent to further perform the Borrower’s Borrowers’ covenants or shall operate as a derogation of the rights and remedies of the Administrative Agent and the Lenders under this agreement Agreement or as a waiver of such covenant by the Administrative Agent. Any amounts paid by the Administrative Agent as aforesaid shall be reimbursed by the Lenders in their Pro Rata Shares and shall be repaid by the Borrower Borrowers to the Administrative Agent on behalf of the Lenders on demand.. ​

Appears in 1 contract

Samples: Revolving Facility Credit Agreement (Royal Gold Inc)

Performance of Covenants by Administrative Agent. The Administrative Agent may, on the instructions of the Majority Lenders and upon notice by the Administrative Agent to the Borrowerapplicable Primary Obligor, perform any covenant of the Borrower such Primary Obligor under this agreement which the Borrower such Primary Obligor fails to perform or cause to be performed and which the Administrative Agent is capable of performing, including any covenants the performance of which requires the payment of money, provided that the Administrative Agent shall not be obligated to perform any such covenant on behalf of such Primary Obligor (unless so instructed by the Borrower Majority Lenders) and no such performance by the Administrative Agent shall require the Administrative Agent to further perform the Borrowersuch Primary Obligor’s covenants or shall operate as a derogation of the rights and remedies of the Administrative Agent and or the Lenders under this agreement or as a waiver of such covenant by the Administrative AgentAgent or the Lenders. Any amounts paid by the Administrative Agent as aforesaid shall be reimbursed by the Lenders in their Pro Rata Shares and shall be repaid by the Borrower applicable Primary Obligor to the Administrative Agent on behalf of the Lenders on demand.

Appears in 1 contract

Samples: Credit Agreement (Anixter International Inc)

Performance of Covenants by Administrative Agent. The Administrative Agent may, on the instructions of the Majority Lenders and upon notice by the Administrative Agent to the BorrowerBorrowers, perform any covenant of the Borrower Borrowers under this agreement which the Borrower fails Borrowers fail to perform or cause to be performed after demand for performance has been made and which the Administrative Agent is capable of performing, including any covenants the performance of which requires the payment of money, provided that the Administrative Agent shall not be obligated to perform any such covenant on behalf of the Borrower Borrowers and no such performance by the Administrative Agent shall require the Administrative Agent to further perform the Borrower’s Borrowers' covenants or shall operate as a derogation of the rights and remedies of the Administrative Agent and the Lenders Finance Parties under this agreement or as a waiver of such covenant by the Administrative Agent. Any amounts paid by the Administrative Agent as aforesaid shall be reimbursed by the Lenders in their Pro Rata Shares and shall be repaid by the Borrower Borrowers to the Administrative Agent on behalf of the Lenders on demand.

Appears in 1 contract

Samples: Credit Agreement (Equinox Gold Corp.)

Performance of Covenants by Administrative Agent. The Administrative Agent may, on the instructions of the Majority Lenders and upon notice by the Administrative Agent to the BorrowerBorrowers, perform any covenant of the Borrower an Obligor under this agreement which the Borrower such Obligor fails to perform or cause to be performed and which the Administrative Agent is capable of performing, including any covenants the performance of which requires the payment of money, provided that the Administrative Agent shall not be obligated to perform any such covenant on behalf of the Borrower Borrowers and no such performance by the Administrative Agent shall require the Administrative Agent to further perform the Borrower’s Borrowers' covenants or shall operate as a derogation of the rights and remedies of the Administrative Agent and the Lenders under this agreement or as a waiver of such covenant by the Administrative Agent. Any amounts paid by the Administrative Agent as aforesaid shall be reimbursed by the Lenders in their Pro Rata Shares and shall be repaid by the Borrower Borrowers to the Administrative Agent on behalf of the Lenders on demand.

Appears in 1 contract

Samples: Loan Agreement (Wheaton Precious Metals Corp.)

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Performance of Covenants by Administrative Agent. The If an Event of Default has occurred and is continuing, the Administrative Agent may, on the instructions of the Majority Lenders and upon notice by the Administrative Agent to the Borrower, perform any covenant of the Borrower under this agreement which the Borrower such Person fails to perform or cause to be performed and which the Administrative Agent is capable of performing, including any covenants the performance of which requires the payment of money, provided that the Administrative Agent shall not be obligated to perform any such covenant on behalf of the Borrower such Person and no such performance by the Administrative Agent shall require the Administrative Agent to further perform the Borrowersuch Person’s covenants or shall operate as a derogation of the rights and remedies of the Administrative Agent and the Lenders under this agreement or as a waiver of such covenant by the Administrative Agent. Any amounts paid by the Administrative Agent as aforesaid shall be reimbursed by the Lenders in their Pro Rata Shares and shall be repaid by the Borrower to the Administrative Agent on behalf of the Lenders on demand.

Appears in 1 contract

Samples: Loan Agreement (New Gold Inc. /FI)

Performance of Covenants by Administrative Agent. The If an Event of Default has occurred and is continuing, the Administrative Agent may, on the instructions of the Majority Lenders and upon notice by the Administrative Agent to the Borrower, perform any covenant of the Borrower under this agreement which the Borrower such Person fails to perform or cause to be performed and which the Administrative Agent is capable of 286042.00038/115243826.6 performing, including any covenants the performance of which requires the payment of money, provided that the Administrative Agent shall not be obligated to perform any such covenant on behalf of the Borrower such Person and no such performance by the Administrative Agent shall require the Administrative Agent to further perform the Borrowersuch Person’s covenants or shall operate as a derogation of the rights and remedies of the Administrative Agent and the Lenders under this agreement or as a waiver of such covenant by the Administrative Agent. Any amounts paid by the Administrative Agent as aforesaid shall be reimbursed by the Lenders in their Pro Rata Shares and shall be repaid by the Borrower to the Administrative Agent on behalf of the Lenders on demand.

Appears in 1 contract

Samples: Credit Agreement (New Gold Inc. /FI)

Performance of Covenants by Administrative Agent. The Administrative Agent may, on the instructions of the Majority Lenders and upon notice by the Administrative Agent to the Borrower, perform any covenant of the Borrower under this agreement which the Borrower fails to perform or cause to be performed after demand for performance has been made and which the Administrative Agent is capable of performing, including any covenants the performance of which requires the payment of money, provided that the Administrative Agent shall not be obligated to perform any such covenant on behalf of the Borrower and no such performance by the Administrative Agent shall require the Administrative Agent to further perform the Borrower’s 's covenants or shall operate as a derogation of the rights and remedies of the Administrative Agent and the Lenders Finance Parties under this agreement or as a waiver of such covenant by the Administrative Agent. Any amounts paid by the Administrative Agent as aforesaid shall be reimbursed by the Lenders in their Pro Rata Shares and shall be repaid by the Borrower to the Administrative Agent on behalf of the Lenders on demand.

Appears in 1 contract

Samples: Credit Agreement (SilverCrest Metals Inc.)

Performance of Covenants by Administrative Agent. The Administrative Agent may, on the instructions of the Majority Lenders and upon notice pursuant to Section 16.1 by the Administrative Agent to the BorrowerParent, perform any covenant of the Borrower an Obligor under this agreement Agreement which the Borrower such Obligor fails to perform or cause to be performed and which the Administrative Agent is capable of performing, including any covenants the performance of which requires the payment of money, provided that the Administrative Agent shall not be obligated to perform any such covenant on behalf of the Borrower such Obligor and no such performance by the Administrative Agent shall require the Administrative Agent to further perform the Borrowersuch Obligor’s covenants or shall operate as a derogation of the rights and remedies of the Administrative Agent and the Lenders under this agreement Agreement or as a waiver of such covenant by the Administrative Agent. Any amounts paid by the Administrative Agent as aforesaid shall be reimbursed by the Lenders in their Pro Rata Shares and shall be repaid by the Borrower Obligors to the Administrative Agent on behalf of the Lenders on demand.

Appears in 1 contract

Samples: Credit Agreement (Denison Mines Corp.)

Performance of Covenants by Administrative Agent. The Administrative Agent may, on the instructions of the Majority Lenders and upon notice by the Administrative Agent to the Borrower, perform any covenant of the Borrower under this agreement Agreement which the Borrower fails to perform or cause to be performed and which the Administrative Agent is capable of performing, including any covenants the performance of which requires the payment of money, provided that the Administrative Agent shall not be obligated to perform any such covenant on behalf of the Borrower and no such performance by the Administrative Agent shall require the Administrative Agent to further perform the Borrower’s 's covenants or shall operate as a derogation of the rights and remedies of the Administrative Agent and the Lenders under this agreement Agreement or as a waiver of such covenant by the Administrative Agent. Any amounts paid by the Administrative Agent as aforesaid shall be reimbursed by the Lenders in their Pro Rata Shares and shall be repaid by the Borrower to the Administrative Agent on behalf of the Lenders on demand.

Appears in 1 contract

Samples: Credit Agreement (Endeavour Silver Corp)

Performance of Covenants by Administrative Agent. The Administrative Agent may, on the instructions of the Majority Lenders and upon notice by the Administrative Agent to the Borrower, perform any covenant of the Borrower under this agreement which the Borrower fails to perform or cause to be performed and which the Administrative Agent is capable of performing, including any covenants the performance of which requires the payment of money, provided that the Administrative Agent shall not be obligated to perform any such covenant on behalf of the Borrower and no such performance by the Administrative Agent shall require the Administrative Agent to further perform the Borrower’s 's covenants or shall operate as a derogation of the rights and remedies of the Administrative Agent and the Lenders Finance Parties under this agreement or as a waiver of such covenant by the Administrative Agent. Any amounts paid by the Administrative Agent as aforesaid shall be reimbursed by the Lenders in their Pro Rata Shares and shall be repaid by the Borrower to the Administrative Agent on behalf of the Lenders on demand.

Appears in 1 contract

Samples: Credit Agreement (Endeavour Silver Corp)

Performance of Covenants by Administrative Agent. The Administrative Agent may, on the instructions of the Majority Lenders and upon notice by the Administrative Agent to the BorrowerBorrowers, perform any covenant of the Borrower Borrowers under this agreement which the Borrower fails Borrowers fail to perform or cause to be performed and which the Administrative Agent is capable of performing, including any covenants the performance of which requires the payment of money, provided that the Administrative Agent shall not be obligated to perform any such covenant on behalf of the Borrower Borrowers and no such performance by the Administrative Agent shall require the Administrative Agent to further perform the Borrower’s Borrowers’ covenants or shall operate as a derogation of the rights and remedies of the Administrative Agent and the Lenders under this agreement or as a waiver of such covenant by the Administrative Agent. Any amounts paid by the Administrative Agent as aforesaid shall be reimbursed by the Lenders in their Pro Rata Shares and shall be repaid by the Borrower Borrowers to the Administrative Agent on behalf of the Lenders on demand.

Appears in 1 contract

Samples: Loan Agreement (Lundin Mining CORP)

Performance of Covenants by Administrative Agent. The Administrative Agent may, on the instructions of the Majority Lenders and upon notice by the Administrative Agent to the Borrower, perform any covenant of the Borrower an Obligor under this agreement which the Borrower such Obligor fails to perform or cause to be performed and which the Administrative Agent is capable of performing, including any covenants the performance of which requires the payment of money, provided that the Administrative Agent shall not be obligated to perform any such covenant on behalf of the Borrower and no such performance by the Administrative Agent shall require the Administrative Agent to further perform the Borrower’s covenants or shall operate as a derogation of the rights and remedies of the Administrative Agent and the Lenders under this agreement or as a waiver of such covenant by the Administrative Agent. Any amounts paid by the Administrative Agent as aforesaid shall be reimbursed by the Lenders in their Pro Rata Shares and shall be repaid by the Borrower to the Administrative Agent on behalf of the Lenders on demand.. DM_TOR/208573-00204/2193933.9

Appears in 1 contract

Samples: Credit Agreement (Silver Wheaton Corp.)

Performance of Covenants by Administrative Agent. The Administrative Agent may, on the instructions of the Majority Lenders and upon notice by the Administrative Agent to the BorrowerBorrower Representative, perform any covenant of the Borrower BorrowerBorrowers under this agreement Agreement which the theany Borrower fails to perform or cause to be performed and which the Administrative Agent is capable of performing, including any covenants the performance of which requires the payment of money, provided that the Administrative Agent shall not be obligated to perform any such covenant on behalf of the thesuch Borrower and no such performance by the Administrative Agent shall require the Administrative Agent to further perform the Borrower’s Borrower’sBorrowers’ covenants or shall operate as a derogation of the rights and remedies of the Administrative Agent and the Lenders under this agreement Agreement or as a waiver of such covenant by the Administrative Agent. Any amounts paid by the Administrative Agent as aforesaid shall be reimbursed by the Lenders in their Pro Rata Shares and shall be repaid by the Borrower BorrowerBorrowers to the Administrative Agent on behalf of the Lenders on demand.

Appears in 1 contract

Samples: Revolving Facility Credit Agreement (Royal Gold Inc)

Performance of Covenants by Administrative Agent. The Administrative Agent may, on the instructions of the Majority Lenders and upon notice by the Administrative Agent to the BorrowerParent and the Borrowers, perform any covenant of the Borrower Parent and/or the Borrowers under this agreement which the Borrower such Person fails to perform or cause to be performed and which the Administrative Agent is capable of performing, including any covenants the performance of which requires the payment of money, provided that the Administrative Agent shall not be obligated to perform any such covenant on behalf of the Borrower such Person and no such performance by the Administrative Agent shall require the Administrative Agent to further perform the Borrowersuch Person’s covenants or shall operate as a derogation of the rights and remedies of the Administrative Agent and the Lenders under this agreement or as a waiver of such covenant by the Administrative Agent. Any amounts paid by the Administrative Agent as aforesaid shall be reimbursed by the Lenders in their Pro Rata Shares and shall be repaid by the Borrower Borrowers to the Administrative Agent on behalf of the Lenders on demand.

Appears in 1 contract

Samples: Credit Agreement (New Gold Inc. /FI)

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