Common use of Right to Perform Obligations Clause in Contracts

Right to Perform Obligations. If the Mortgagor fails to pay or perform any obligation of the Mortgagor hereunder, the Mortgagee and its representatives shall have the right (but not the obligation) to pay or perform such obligation of the Mortgagor (i) without notice, if an Event of Default is continuing, (ii) with simultaneous notice, if such payment or performance is immediately required in the reasonable opinion of the Mortgagee to preserve the Mortgagee's rights under this Mortgage or with respect to the Mortgaged Property or (iii) otherwise, after notice given reasonably in advance to allow the Mortgagor an opportunity to pay or perform the same, PROVIDED that the Mortgagor is not contesting such payment or performance as provided in Section 2.06, and PROVIDED FURTHER no such payment or performance by the Mortgagee or its representatives shall be construed to be a cure of any Default or waiver of any Default or Secured Obligation. The Mortgagor shall reimburse the Mortgagee on demand for its reasonable costs in connection with paying or performing any such obligation of the Mortgagor (including reasonable attorneys' fees and expenses), together with interest from the date of demand for each day until paid at the Post-Default Rate for Base Rate Loans.

Right to Perform Obligations. If the Mortgagor fails to pay or perform any obligation of the Mortgagor hereunder, the Mortgagee and its the representatives of the Mortgagee shall have the right (but not right, upon being instructed to do so by the obligation) Required Banks at any time, to pay or perform such obligation of the Mortgagor (i) without notice, if an Event of Default has occurred and is continuing, (ii) with simultaneous notice, if such payment or performance is immediately required in the reasonable opinion of the Mortgagee to preserve the Mortgagee's rights under this Mortgage or with respect to the Mortgaged Property or (iii) otherwise, after notice given reasonably in advance to allow the Mortgagor an opportunity to pay or perform the samesuch obligation, PROVIDED provided that the Mortgagor is not contesting such payment or performance as in accordance with the terms hereof and further provided in Section 2.06, and PROVIDED FURTHER that no such payment or performance by the Mortgagee or its representatives shall be construed to be a cure of any Default or waiver of any Default or Secured Obligation. The Mortgagor shall reimburse the Mortgagee on demand for its the reasonable costs in connection with paying or of performing any such obligation of the Mortgagor (including reasonable attorneys' fees obligations and expenses)any amounts not paid on demand shall bear interest, together with interest from the date of demand payable on demand, for each day until paid at the Post-Default Rate for Base Rate Loanssuch day.

Right to Perform Obligations. If the Mortgagor fails to pay or perform any obligation of the Mortgagor hereunder, the Mortgagee and its the representatives of the Mortgagee shall have the right (but not upon being instructed to do so by the obligation) Required Lenders at any time, to pay or perform such obligation of the Mortgagor (i) without notice, if an Event of Default has occurred and is continuing, (ii) with simultaneous notice, if such payment or performance is immediately required in the reasonable opinion of the Mortgagee to preserve the Mortgagee's rights under this Mortgage or with respect to the Mortgaged Property or (iii) otherwise, after notice given reasonably in advance to allow the Mortgagor an opportunity to pay or perform the samesuch obligation, PROVIDED provided that the Mortgagor is not contesting such payment or performance as in accordance with the terms hereof and further provided in Section 2.06, and PROVIDED FURTHER that no such payment or performance by the Mortgagee or its representatives shall be construed to be a cure of any Default or waiver of any Default or Secured Obligation. The Mortgagor shall reimburse the Mortgagee on demand for its the reasonable costs in connection with paying or of performing any such obligation of the Mortgagor (including reasonable attorneys' fees obligations and expenses)any amounts not paid on demand shall bear interest, together with interest from the date of demand payable on demand, for each day until paid at the Post-Default Rate for Base Rate Loanssuch day.

Right to Perform Obligations. If the Mortgagor fails to pay or perform any obligation of the Mortgagor hereunder, after the expiration of any applicable grace period the Mortgagee and its the representatives of the Mortgagee shall have the right (but not right, upon being instructed to do so by the obligation) Required Lenders at any time, to pay or perform such obligation of the Mortgagor (ia) without notice, if when an Event of Default has occurred and is continuing, (iib) with simultaneous notice, if such payment or performance is immediately required necessary in the reasonable opinion of the Mortgagee to preserve the Mortgagee's rights under this Mortgage or with respect to the Mortgaged Property Property, or (iiic) otherwise, after notice given reasonably in advance to allow the Mortgagor an opportunity to pay or perform the samesuch obligation, PROVIDED provided that the Mortgagor is not contesting such payment or performance as in accordance with the terms hereof and further provided in Section 2.06, and PROVIDED FURTHER that no such payment or performance by the Mortgagee or its representatives shall be construed to be a cure of any Default or waiver of any Default or Secured Obligation. The Mortgagor shall reimburse the Mortgagee on demand for its the reasonable costs in connection with paying or of performing any such obligation of the Mortgagor (including reasonable attorneys' fees obligations and expenses)any amounts not paid on demand shall bear interest, together with interest from the date of demand payable on demand, for each day until paid at the Post-Tranche A Default Rate for Base Rate Loanssuch day.