Common use of Performance of Covenants by Agent Clause in Contracts

Performance of Covenants by Agent. If the Borrower fails to perform any covenant or obligation to be performed by it pursuant to this Agreement, the Agent may in its sole discretion perform any of the said obligations but shall be under no obligation to do so; and any amounts expended or advanced by the Agent for such purpose shall be payable by the Borrower upon demand together with interest at the highest rate then applicable to the Facilities.

Appears in 11 contracts

Samples: Fourth Amended and Restated Credit Agreement (Village Farms International, Inc.), Third Amended and Restated Credit Agreement (Village Farms International, Inc.), Credit Agreement (Village Farms International, Inc.)

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Performance of Covenants by Agent. If the Borrower any Company fails to perform any covenant or obligation to be performed by it them pursuant to this Agreement, the Agent may in its sole discretion discretion, after written notice to the Borrower, perform any of the said obligations but shall be under no obligation to do so; and any amounts reasonably expended or advanced by the Agent for such purpose shall be payable by the Borrower upon demand together with interest at the highest rate then applicable to the Facilities.Canadian Prime Rate Loans under Facility A.

Appears in 4 contracts

Samples: Credit Agreement (Tilray Brands, Inc.), Credit Agreement (Tilray Brands, Inc.), Credit Agreement (Tilray, Inc.)

Performance of Covenants by Agent. If the Borrower fails to perform any covenant or obligation to be performed by it pursuant to this Agreement, the Agent may in its sole discretion perform any of the said obligations but shall be under no obligation to do so; and any amounts expended or advanced by the Agent for such purpose shall be payable by the Borrower upon demand together with interest at the highest rate then applicable to the Facilities.

Appears in 3 contracts

Samples: Credit Agreement (Organigram Holdings Inc.), Credit Agreement (Organigram Holdings Inc.), Credit Agreement (Organigram Holdings Inc.)

Performance of Covenants by Agent. If the Borrower fails Borrowers fail to perform any covenant or obligation to be performed by it them pursuant to this Agreement, the Agent may in its sole discretion discretion, after written notice to the Borrowers, perform any of the said obligations but shall be under no obligation to do so; and any amounts reasonably expended or advanced by the Agent for such purpose shall be payable by the Borrower Borrowers upon demand together with interest at the highest rate then applicable to the Facilities.Canadian Prime Rate Loans under Facility A.

Appears in 2 contracts

Samples: Credit Agreement (Tucows Inc /Pa/), Credit Agreement (Tucows Inc /Pa/)

Performance of Covenants by Agent. If the Borrower fails to perform any covenant or obligation to be performed by it pursuant to this Agreement, the Agent may in its sole discretion perform any of the said obligations but shall be under no obligation to do so; and any amounts expended or advanced by the Agent for such purpose shall be payable by the Borrower upon demand together with interest at the highest rate then applicable to the Facilities.Facility A.

Appears in 2 contracts

Samples: Credit Agreement (Village Farms International, Inc.), Credit Agreement

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Performance of Covenants by Agent. If the Borrower fails to perform any covenant or obligation to be performed by it pursuant to this AgreementAgreement (for greater certainty, after the expiry of any applicable grace or cure period provided herein), the Agent may in its sole discretion discretion, after written notice to the Borrower, perform any of the said obligations but shall be under no obligation to do so; and any amounts expended or advanced by the Agent for such purpose shall be payable by the such Borrower upon demand together with interest at the highest rate then applicable to the Facilities.

Appears in 1 contract

Samples: Credit Agreement (Motorcar Parts America Inc)

Performance of Covenants by Agent. If the Borrower fails to perform any covenant or obligation to be performed by it pursuant to this Agreement, the Agent may in its sole discretion perform any of the said obligations but shall be under no obligation to do so; and any amounts expended or advanced by the Agent for such purpose shall be payable by the Borrower upon demand together with interest at the highest rate then applicable to the FacilitiesFacility 1.

Appears in 1 contract

Samples: Credit Agreement (Merus Labs International Inc.)

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