Common use of Performance of the Company’s Obligations Clause in Contracts

Performance of the Company’s Obligations. Should the Company fail to make any payment or to do any act as provided in the Transaction Documents beyond applicable notice and/or cure periods, if any, the Agency may, but shall not be obligated to, without notice to or demand on the Company and without releasing the Company from any obligation herein, make or do the same, including, without limitation, appearing in and defending any action purporting to affect the rights or powers of the Company or the Agency, and paying all fees, costs and expenses, including, without limitation, reasonable attorneys’ fees, incurred by the Agency in connection therewith; and the Company shall pay promptly upon demand all sums so incurred or expended by the Agency under the authority hereof, together with interest thereon, at the Default Interest Rate, from the date of written demand to the Company.

Performance of the Company’s Obligations. Should the Company fail to make any payment or to do any act as provided in the Transaction Documents beyond applicable notice and/or cure periods, if anyherein provided, the Agency may, but shall not be obligated toneed not, without notice to or demand on the Company and without releasing the Company from any obligation herein, make or do the same, including, without limitation, appearing in and defending any action purporting to affect the rights or powers of the Company or the Agency, and paying all fees, costs and expenses, including, without limitation, reasonable attorneys’ fees, incurred by the Agency in connection therewith; , and the Company shall pay promptly immediately upon demand all sums so incurred or expended by the Agency under the authority hereof, together with interest thereon, thereon at the Default Interest RateRate or the maximum rate permitted by law, from the date of written demand to the Companywhichever is less.