Secured Party May Perform. If the Company fails to perform any agreement contained herein, the Secured Party, at its option, may itself perform, or cause performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Company under Section 8.3.
Appears in 383 contracts
Samples: Security Agreement (Intelligent Living Inc.), Security Agreement (Cargo Connection Logistics Holding, Inc.), Secured Convertible Note (Nuevo Financial Center, Inc.)
Secured Party May Perform. If the Company fails to perform any agreement contained herein, the Secured Party, at its option, may itself perform, or cause performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Company under Section 8.3hereby.
Appears in 13 contracts
Samples: Security Agreement (SpeechSwitch, Inc.), Security Agreement (Ivoice, Inc /Nj), Security Agreement (Ivoice, Inc /Nj)
Secured Party May Perform. If the Company fails to perform any agreement contained herein, the Secured Party, at its option, may itself perform, or cause performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Company under Section 8.37.3.
Appears in 3 contracts
Samples: Security Agreement (Airbee Wireless, Inc.), Security Agreement (WQN, Inc.), Security Agreement (Voip Inc)
Secured Party May Perform. If any of the Company fails Debtors fail to perform any agreement contained herein, the Secured Party, at its option, may itself perform, or cause performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Company under Section 8.3.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Charys Holding Co Inc), Securities Purchase Agreement (Charys Holding Co Inc)
Secured Party May Perform. If the Company Subsidiary fails to perform any agreement contained herein, the Secured Party, at its option, may itself perform, or cause performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Company Subsidiary under Section 8.3.
Appears in 2 contracts
Samples: Subsidiary Security Agreement (Ns8 Corp), Subsidiary Security Agreement (Ns8 Corp)
Secured Party May Perform. If the Company Obligor fails to perform any agreement contained herein, the Secured Party, at its option, Party may itself perform, perform or cause the performance of, of such agreement, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Company under Section 8.3Obligor.
Appears in 2 contracts
Samples: Pledge and Security Agreement (Dauphin Technology Inc), Pledge and Security Agreement (Thoroughbred Interests Inc)
Secured Party May Perform. If the Company Obligor fails to perform any agreement contained herein, the Secured Party, at its option, Party may itself perform, or cause performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Company Obligor under Section 8.316(b).
Appears in 2 contracts
Samples: General Security Agreement (Neose Technologies Inc), General Security Agreement (Neose Technologies Inc)
Secured Party May Perform. If the Company fails to perform any agreement contained herein, the Secured Party, at its option, Party may itself perform, or cause performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable reimbursed by the Company under Section 8.3promptly.
Appears in 2 contracts
Samples: License and Development Agreement (Unigene Laboratories Inc), Patent Security Agreement (Unigene Laboratories Inc)
Secured Party May Perform. If the Company fails to perform any agreement contained herein, the Secured Party, at its option, Party may itself perform, or cause performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Company under Section 8.3.12(b) hereof
Appears in 2 contracts
Samples: Security Agreement (Ads-Tec Energy Public LTD Co), Security Agreement (Ads-Tec Energy Public LTD Co)
Secured Party May Perform. If the Company fails to perform any agreement contained herein, the Secured Party, at its option, may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Secured Party reasonably incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Company under Section 8.3.
Appears in 1 contract
Samples: Security Agreement (CepTor CORP)
Secured Party May Perform. If the Company fails to perform any agreement contained herein, the Secured Party, at its option, may itself perform, or cause performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Company under Section 8.310.3.
Appears in 1 contract
Secured Party May Perform. If the Company fails to perform any agreement contained herein, the Secured Party, at its option, may itself perform, or cause performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Company under Section 8.3.. 3
Appears in 1 contract
Samples: Subsidiary Security Agreement
Secured Party May Perform. If Upon and during the continuance of a Default or Event of Default, if any Company Party fails to perform or comply with any agreement contained hereinherein or in any Investment Document, the Secured Party, at its option, Party may itself perform, or cause performance of, or compliance with, such agreement, and the expenses of the Secured Party incurred in connection therewith therewith, together with applicable interest thereon at the rate then in effect under the terms of the Note, shall be included in the Obligations secured hereby and payable by the Company Parties under Section 8.316 herein.
Appears in 1 contract
Samples: Security Agreement (Quiznos Corp)
Secured Party May Perform. If the Company fails to perform any material agreement contained herein, the Secured Party, at its option, may itself perform, or cause performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Company under Section 8.3.
Appears in 1 contract
Samples: Security Agreement (Isonics Corp)
Secured Party May Perform. If the Company a Securing Party fails to perform any agreement contained herein, the Secured Party, at its option, Party may itself perform, or cause performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Company under Section 8.3.cause
Appears in 1 contract
Samples: Security Agreement (Futurelink Corp)
Secured Party May Perform. If the Company fails to perform any agreement contained herein, the Secured Party, at its optionafter notice and a reasonable opportunity for the Company to cure such lack of performance, may itself perform, or cause performance of, such agreement, and the reasonable and documented out-of-pocket expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Company under Section 8.3Company.
Appears in 1 contract
Samples: Security Agreement (American Standard Energy Corp.)
Secured Party May Perform. If the Company fails to perform any agreement contained hereinherein after any applicable cure periods, the Secured Party, at its option, may itself perform, or cause performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Company under Section 8.310.3.
Appears in 1 contract
Samples: Security Agreement (Earthshell Corp)
Secured Party May Perform. If the Company fails to perform any agreement contained herein, the Secured Party, at its his option, may itself himself perform, or cause performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Company under Section 8.3.
Appears in 1 contract
Secured Party May Perform. If the Company fails to perform any agreement contained herein, the Secured Party, at its option, Party may itself perform, or cause performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Company under Section 8.3such Company.
Appears in 1 contract
Secured Party May Perform. If the Company fails to perform any agreement contained herein, the Secured Party, at its option, may itself perform, or cause performance of, such agreement, and the expenses of the Secured Party reasonably incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Company under Section 8.3.
Appears in 1 contract
Secured Party May Perform. If the Company fails to perform any agreement act contained herein, the Secured Party, at its option, may itself perform, or cause performance of, such agreementact, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Company under Section 8.3.
Appears in 1 contract
Secured Party May Perform. If the Company fails Companies fail to perform any agreement contained herein, the Secured Party, at its option, may itself perform, or cause performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Company Companies under Section 8.3.
Appears in 1 contract
Samples: Security Agreement (Cargo Connection Logistics Holding, Inc.)
Secured Party May Perform. If the Company fails to perform any agreement contained herein, the Secured Party, at its option, may itself perform, or cause performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Company under Section 8.38.3 hereof.
Appears in 1 contract
Samples: Security Agreement (Cirtran Corp)
Secured Party May Perform. If the Company fails Obligors fail to perform any agreement contained herein, the Secured Party, at its option, Party may itself perform, or cause performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Company Obligors, jointly and severally, as provided under Section 8.39 hereof, with interest at the Default Rate.
Appears in 1 contract
Samples: Security Agreement (MDRNA, Inc.)
Secured Party May Perform. If the Company fails to ------------------------- perform any agreement contained herein, the Secured Party, at its option, Party may itself perform, or cause performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Company under Section 8.33.07 and Section 4.06.
Appears in 1 contract
Secured Party May Perform. If Subject to the terms of the Intercreditor Agreement, if the Company fails to perform any agreement contained herein, the Secured Party, at its option, may itself perform, or cause performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Company under Section 8.3.
Appears in 1 contract
Samples: Security Agreement (In Veritas Medical Diagnostics, Inc.)