Common use of Performance on Mortgagor's Behalf Clause in Contracts

Performance on Mortgagor's Behalf. Mortgagor agrees that, if ---------------------------------- Mortgagor fails to perform any act or to take any action which hereunder Mortgagor is required to perform or take, or to pay any money which hereunder Mortgagor is required to pay, Agent, in Mortgagor's name or its own name, may, but shall not be obligated to, perform or cause to be performed such act or take such action or pay such money, and any expenses so incurred by Agent and any money so paid by Agent shall be a demand obligation owing by Mortgagor to Agent (which obligation Mortgagor hereby expressly promises to pay) and Agent, upon making such payment, shall be subrogated to all of the rights of the person, corporation or body politic receiving such payment. Each amount due and owing by Mortgagor to Trustee and/or Agent and/or any Lender pursuant to this Mortgage shall bear interest each day, from the date of such expenditure or payment until paid, at a rate equal to the rate as provided for past due principal under the Notes (provided that, should applicable law provide for a maximum permissible rate of interest on such amounts, such rate shall not be greater than such maximum permissible rate); all such amounts, together with such interest thereon, shall be a part of the secured indebtedness and shall be secured by this Mortgage.

Performance on Mortgagor's Behalf. Mortgagor agrees that, if ---------------------------------- Mortgagor fails to perform any act or to take any action which hereunder Mortgagor is required to perform or take, or to pay any money which hereunder Mortgagor is required to pay, AgentMortgagee, in Mortgagor's name or its own name, may, but shall not be obligated to, perform or cause to be performed such act or take such action or pay such money, and any expenses so incurred by Agent Mortgagee and any money so paid by Agent Mortgagee shall be a demand obligation owing by Mortgagor to Agent Mortgagee (which obligation Mortgagor hereby expressly promises to pay) and AgentMortgagee, upon making such payment, shall be subrogated to all of the rights of the person, corporation or body politic receiving such payment. Each amount due and owing by Mortgagor to Trustee and/or Agent and/or any Lender Mortgagee pursuant to this Mortgage shall bear interest each day, from the date of such expenditure or payment until paid, at a rate equal to the rate as provided for past due principal under the Notes Note (provided that, should applicable law provide for a maximum permissible rate of interest on such amounts, such rate shall not be greater than such maximum permissible rate); all such amounts, together with such interest thereon, shall be a part of the secured indebtedness and shall be secured by this Mortgage.

Performance on Mortgagor's Behalf. Mortgagor agrees that, if ---------------------------------- Mortgagor fails to perform any act or to take any action which hereunder Mortgagor is required to perform or take, or to pay any money which hereunder Mortgagor is required to pay, Agent, in Mortgagor's ’s name or its own name, may, but shall not be obligated to, perform or cause to be performed such act or take such action or pay such moneymoney after notice of such payment is given to Mortgagor, and any expenses so incurred by Agent Agent, and any money so paid by Agent shall be a demand obligation owing by Mortgagor to Agent (which obligation Mortgagor hereby expressly promises to pay) and Agent, upon making such payment, shall be subrogated to all of the rights of the person, corporation or body politic receiving such payment. Each amount due and owing by Mortgagor to Trustee and/or Agent and/or any Lender pursuant to this Mortgage shall bear interest on the unpaid amount thereof each day, from the date of such expenditure or payment until paid, at a rate equal to the rate Default Rate (as provided for past due principal under defined in the Notes (provided that, should applicable law provide for a maximum permissible rate of interest on such amounts, such rate shall not be greater than such maximum permissible rateCredit Agreement); all such amounts, together with such interest thereon, shall be a part of the secured indebtedness and shall be secured by this Mortgage.

Performance on Mortgagor's Behalf. Mortgagor agrees that, that if ---------------------------------- Mortgagor fails to perform any act or to take any action which hereunder Mortgagor is required to perform or taketake hereunder or under any of the Loan Documents, or to pay any money which hereunder Mortgagor is required to paypay under any of the Loan Documents, AgentMortgagee, in Mortgagor's ’s name or its Mortgagee’s own name, may, but shall not be obligated to, may perform or cause to be performed such act or take such action or pay such money, and any expenses so incurred by Agent Mortgagee and any money so paid by Agent Mortgagee shall be a demand obligation owing by Mortgagor to Agent Mortgagee (which obligation Mortgagor hereby expressly promises to pay) and AgentMortgagee, upon making such payment, shall be subrogated to all of the rights of the person, corporation or body politic Person receiving such payment. Mortgagee will use its best efforts to give notice to Mortgagor of an action taken by Mortgagee pursuant to the preceding sentence, but Mortgagee will not be liable for its failure to give notice, and any failure by Mortgagee to give notice will not affect Mortgagee’s rights under this Mortgage. Each amount due and owing by Mortgagor to Trustee and/or Agent and/or any Lender Mortgagee pursuant to this Section 2.3 or any other section of this Mortgage that refers to the Applicable Rate shall bear interest each day, from the date of such expenditure or payment until paid, at a rate equal to the rate as provided for past due principal under the Notes (provided that, should applicable law provide for a maximum permissible rate of interest on such amounts, such rate shall not be greater than such maximum permissible rate)Applicable Rate; and all such amounts, together with such interest thereon, shall be a part of the secured indebtedness and shall be secured by this Mortgage.

Performance on Mortgagor's Behalf. Mortgagor agrees that, if ---------------------------------- Mortgagor fails to perform any act or to take any action which hereunder Mortgagor is required to perform or take, or to pay any money which hereunder Mortgagor is required to pay, Agent, in Mortgagor's name or its own name, may, but shall not be obligated to, perform or cause to be performed such act or take such action or pay such money, and any expenses so incurred by Agent and any money so paid by Agent shall be a demand obligation owing by Mortgagor to Agent (which obligation Mortgagor hereby expressly promises to pay) and Agent, upon making such payment, shall be subrogated to all of the rights of the person, corporation or body politic receiving such payment. Each amount due and owing by Mortgagor to Trustee and/or Agent and/or any Lender pursuant to this Mortgage shall bear interest each day, from the date of such expenditure or payment until paid, at a rate equal to the rate as provided for past due principal under the Notes (provided that, should applicable law provide for a maximum permissible rate of interest on such amounts, such rate shall not be greater than such maximum permissible rate); all such amounts, together with such interest thereon, shall be a part of the secured indebtedness and shall be secured by this Mortgage.

Performance on Mortgagor's Behalf. Mortgagor agrees that, if ---------------------------------- Mortgagor fails to perform any act or to take any action which hereunder Mortgagor is required to perform or take, or to pay any money which hereunder Mortgagor is required to pay, AgentLender, in Mortgagor's name or its own name, may, but shall not be obligated to, perform or cause to be performed such act or take such action or pay such money, and any expenses so incurred by Agent Lender and any money so paid by Agent Lender shall be a demand obligation owing by Mortgagor to Agent Lender (which obligation Mortgagor hereby expressly promises to pay) and AgentLender, upon making such payment, shall be subrogated to all of the rights of the person, corporation or body politic receiving such payment. Each amount due and owing by Mortgagor to Trustee and/or Agent and/or any Lender pursuant to this Mortgage shall bear interest each day, from the date of such expenditure or payment until paid, at a rate equal to the default or late payment interest rate as provided for past due principal under in the Notes Note, if any, (provided that, should applicable law provide for a maximum permissible rate of interest on such amountsamount, such rate shall not be greater than such maximum permissible rate); all such amounts, together with such interest thereon, shall be a part of the secured indebtedness and shall be secured by this Mortgage.

Performance on Mortgagor's Behalf. Mortgagor agrees that, if ---------------------------------- Mortgagor fails to perform any act or to take any action which hereunder Mortgagor is required to perform or take, or to pay any money which hereunder Mortgagor is required to pay, Agent, in Mortgagor's ’s name or its own name, may, but shall not be obligated to, perform or cause to be performed such act or take such action or pay such money, and any expenses so incurred by Agent and any money so paid by Agent shall be a demand obligation owing by Mortgagor to Agent (which obligation Mortgagor hereby expressly promises to pay) and Agent, upon making such payment, shall be subrogated to all of the rights of the person, corporation or body politic receiving such payment. Each amount due and owing by Mortgagor to Trustee and/or Agent and/or any Lender pursuant to this Mortgage shall bear interest each day, from the date of such expenditure or payment until paid, at a rate equal to the rate as provided for past due principal under the Notes (provided that, should applicable law provide for a maximum permissible rate of interest on such amounts, such rate shall not be greater than such maximum permissible rate); all such amounts, together with such interest thereon, shall be a part of the secured indebtedness and shall be secured by this Mortgage.

Performance on Mortgagor's Behalf. Mortgagor agrees that, if ---------------------------------- Mortgagor fails to perform any act or to take any action which hereunder Mortgagor is required to perform or take, or to pay any money which hereunder Mortgagor is required to pay, Collateral Agent, in Mortgagor's name or its own name, may, but shall not be obligated to, perform or cause to be performed such act or take such action or pay such money, and any expenses so incurred by Collateral Agent and any money so paid by Collateral Agent shall be a demand obligation owing by Mortgagor to Collateral Agent (which obligation Mortgagor hereby expressly promises to pay) and Collateral Agent, upon making such payment, shall be subrogated to all of the rights of the person, corporation or body politic receiving such payment. Each amount due and owing by Mortgagor to Trustee and/or Collateral Agent and/or any Lender pursuant to this Mortgage shall bear interest each day, from the date of such expenditure or payment until paid, at a rate equal to the rate as provided for past due principal amounts under the Notes Credit Agreement (provided that, should applicable law provide for a maximum permissible rate of interest on such amounts, such rate shall not be greater than such maximum permissible rate); all such amounts, together with such interest thereon, shall be a part of the secured indebtedness and shall be secured by this Mortgage.

Performance on Mortgagor's Behalf. Mortgagor agrees that, if ---------------------------------- Mortgagor fails to perform any act or to take any action which hereunder Mortgagor is required to perform or take, or to pay any money which hereunder Mortgagor is required to pay, AgentMortgagee, in Mortgagor's name or its own name, may, but shall not be obligated to, perform or cause to be performed such act or take such action or pay such money, and any expenses so incurred by Agent Mortgagee and any money so paid by Agent Mortgagee shall be a demand obligation owing by Mortgagor to Agent Mortgagee (which obligation Mortgagor hereby expressly promises to pay) and AgentMortgagee, upon making such payment, shall be subrogated to all of the rights of the person, corporation or body politic receiving such payment. Each amount due and owing by Mortgagor to Trustee and/or Agent and/or any Lender or Mortgagee pursuant to this Mortgage shall bear interest each day, from the date of such expenditure or payment until paid, at a rate equal to the rate as provided for past due principal under the Notes (provided that, should applicable law provide for a maximum permissible rate of interest on such amounts, such rate shall not be greater than such maximum permissible rate); all such amounts, together with such interest thereon, shall be a part of the secured indebtedness and shall be secured by this Mortgage.

Performance on Mortgagor's Behalf. Mortgagor agrees that, if ---------------------------------- Mortgagor fails to perform any act or to take any action which hereunder Mortgagor is required to perform or take, or to pay any money which hereunder Mortgagor is required to pay, AgentMortgagee, in Mortgagor's ’s name or its own name, may, but shall not be obligated to, perform or cause to be performed such act or take such action or pay such money, and any expenses so incurred by Agent Mortgagee and any money so paid by Agent Mortgagee shall be a demand obligation owing by Mortgagor to Agent Mortgagee (which obligation Mortgagor hereby expressly promises to pay) and AgentMortgagee, upon making such payment, shall be subrogated to all of the rights of the person, corporation or body politic receiving such payment. Each amount due and owing by Mortgagor to Trustee and/or Agent and/or any Lender Mortgagee pursuant to this Mortgage Section 4.1 shall bear interest each day, from the date of such expenditure or payment until paid, at a rate equal the Applicable Interest Rate (as defined in the Loan Agreement) in effect with respect to the rate as provided for past due principal under the Notes (provided that, should applicable law provide for a maximum permissible rate of interest on such amounts, such rate shall not be greater than such maximum permissible rate)Loan; all such amounts, together with such interest thereon, shall be a part of the secured indebtedness and shall be secured by this Mortgage.

Performance on Mortgagor's Behalf. Mortgagor Mxxxxxxxx agrees that, if ---------------------------------- Mortgagor Mxxxxxxxx fails to perform any act or to take any action which hereunder Mortgagor is required to perform or take, or to pay any money which hereunder Mortgagor is required to pay, AgentLxxxxx, in MortgagorMxxxxxxxx's name or its own name, may, but shall not be obligated to, perform or cause to be performed such act or take such action or pay such money, and any expenses so incurred by Agent Lxxxxx and any money so paid by Agent Lxxxxx shall be a demand obligation owing by Mortgagor to Agent Lender (which obligation Mortgagor hereby expressly promises to pay) and AgentLender, upon making such payment, shall be subrogated to all of the rights of the person, corporation or body politic receiving such payment. Each amount due and owing by Mortgagor to Trustee and/or Agent and/or any Lender pursuant to this Mortgage shall bear interest each day, from the date of such expenditure or payment until paid, at a rate equal to the rate Post-Default Rate (as provided for past due principal under defined in the Notes (provided that, should applicable law provide for a maximum permissible rate of interest on such amounts, such rate shall not be greater than such maximum permissible rate); DIP Credit Agreement) all such amounts, together with such interest thereon, shall be a part of the secured indebtedness and shall be secured by this Mortgage.

Performance on Mortgagor's Behalf. Mortgagor agrees that, if ---------------------------------- Mortgagor fails to perform any act or to take any action which hereunder Mortgagor is required to perform or take, or to pay any money which hereunder Mortgagor is required to pay, AgentMortgagee, in Mortgagor's name or its own name, may, but shall not be obligated to, perform or cause to be performed such act or take such action or pay such money, and any expenses so incurred by Agent Mortgagee and any money so paid by Agent Mortgagee shall be a demand obligation owing by Mortgagor to Agent Mortgagee (which obligation Mortgagor hereby expressly promises to pay) and AgentMortgagee, upon making such payment, shall be subrogated to all of the rights of the person, corporation or body politic receiving such payment. Each amount due and owing by Mortgagor to Trustee and/or Agent and/or any Lender Mortgagee pursuant to this Mortgage shall bear interest each day, from the date of such expenditure or payment until paid, at a rate equal to the rate as provided for past due principal under the Notes (provided that, should applicable law provide for a maximum permissible rate of interest on such amounts, such rate shall not be greater than such maximum permissible rate)fifteen percent per annum; all such amounts, together with such interest thereon, shall be a part of the secured indebtedness and shall be secured by this Mortgage.

Performance on Mortgagor's Behalf. Mortgagor agrees that, if ---------------------------------- Mortgagor fails to perform any act or to take any action which hereunder Mortgagor is required to perform or take, or to pay any money which hereunder Mortgagor is required to pay, AgentMortgagee, in Mortgagor's ’s name or its own name, may, but shall not be obligated to, perform or cause to be performed such act or take such action or pay such money, and any expenses so incurred by Agent Mortgagee and any money so paid by Agent Mortgagee shall be a demand obligation owing by Mortgagor to Agent Mortgagee (which obligation Mortgagor hereby expressly promises to pay) and AgentMortgagee, upon making such payment, shall be subrogated to all of the rights of the person, corporation or body politic receiving such payment. Each amount due and owing by Mortgagor to Trustee and/or Agent and/or any Lender Mortgagee pursuant to this Mortgage shall bear interest each day, from the date of such expenditure or payment until paid, at a rate equal to the rate as provided for past due principal amounts under the Notes Credit Agreement (provided that, should applicable law provide for a maximum permissible rate of interest on such amounts, such rate shall not be greater than such maximum permissible rate); all such amounts, together with such interest thereon, shall be a part of the secured indebtedness and shall be secured by this Mortgage.