Common use of Right to Perform, Preserve and Protect Clause in Contracts

Right to Perform, Preserve and Protect. If any Credit Party fails to perform any obligation hereunder or under any other Financing Document, Lender itself may, but shall not be obligated to, cause such obligation to be performed at Borrowers’ expense. Lender is further authorized by Borrowers to make expenditures from time to time which Lender, in its reasonable business judgment, deems necessary or desirable to (a) preserve or protect the business conducted by Borrowers, the Collateral, or any portion thereof, and/or (b) enhance the likelihood of, or maximize the amount of, repayment of the Loan and other Obligations. Each Borrower hereby agrees to reimburse Lender on demand for any and all costs, liabilities and obligations incurred by Lender pursuant to this Agreement.

Right to Perform, Preserve and Protect. If any Credit Party fails to perform any obligation hereunder or under any other Financing Document, Lender Agent itself may, but shall not be obligated to, cause such obligation to be performed at Borrowers’ expense. Lender Agent is further authorized by Borrowers and the Lenders to make expenditures from time to time which LenderAgent, in its reasonable business judgment, deems necessary or desirable to (a) preserve or protect the business conducted by Borrowers, the Collateral, or any portion thereof, thereof and/or (b) enhance the likelihood of, or maximize the amount of, repayment of the Loan Loans and other Obligations. Each Borrower hereby agrees to reimburse Lender Agent on demand for any and all costs, liabilities and obligations incurred by Lender Agent pursuant to this AgreementSection 10.2, together with interest thereon at the applicable default rate hereunder.