Common use of Right of Facility Agent to Perform Clause in Contracts

Right of Facility Agent to Perform. If the Borrower for any reason fails to observe or punctually to perform any of its obligations to the Facility Agent, whether under this Intercreditor Agreement or any of the other Related Documents or otherwise, the Facility Agent shall have power (but shall have no obligation), on behalf of or in the name of the Borrower or otherwise, to perform such obligations and to take any steps which the Facility Agent may, in its absolute discretion, consider appropriate with a view to remedying, or mitigating the consequences of, such failure by the Borrower; provided that no exercise or failure to exercise this power by the Facility Agent shall in any way prejudice the Facility Agent’s other rights under this Intercreditor Agreement or any of the other Related Documents.