Common use of Secured Party May Perform Clause in Contracts

Secured Party May Perform. If the Grantor fails to perform any obligation contained in this Agreement, the Secured Party may itself perform, or cause performance of, such obligation, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the Grantor.

Appears in 43 contracts

Samples: Security Agreement (Synbio International, Inc.), Security Agreement (Zoned Properties, Inc.), Security Agreement (Athena Bitcoin Global)

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Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantors under Section 18(b) hereof.

Appears in 16 contracts

Samples: Security Agreement, Credit Agreement (Quidel Corp /De/), Credit Agreement (Quidel Corp /De/)

Secured Party May Perform. If the a Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party Party, at its option, may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the Grantorsuch Grantor under Section 8.3.

Appears in 12 contracts

Samples: Securities Purchase Agreement (Infinity Resources Holdings Corp.), Security Agreement (Telkonet Inc), Security Agreement (Pacer Health Corp)

Secured Party May Perform. If the a Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party Party, at its option, may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantors under Section 8.4.

Appears in 12 contracts

Samples: Global Security Agreement (CoroWare, Inc,), Security Agreement (Cantabio Pharmaceuticals Inc.), Security Agreement (Cantabio Pharmaceuticals Inc.)

Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantors.

Appears in 11 contracts

Samples: Pledge and Security Agreement (NextWave Wireless Inc.), Intercreditor Agreement (NextWave Wireless Inc.), Intercreditor Agreement (NextWave Wireless Inc.)

Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party so incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 13(b) hereof.

Appears in 11 contracts

Samples: Security Agreement (Neptune Society Inc/Fl), Security Agreement (Neptune Society Inc/Fl), Security Agreement (Neptune Society Inc/Fl)

Secured Party May Perform. If the Grantor fails Grantors fail to perform any obligation agreement contained in this Agreementherein, the Secured Party Party, at its option, may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantors under Section 8.3.

Appears in 10 contracts

Samples: Security Agreement (Bitzio, Inc.), Security Agreement (Premier Beverage Group Corp), Security Agreement (Us Fuel Corp)

Secured Party May Perform. If the a Grantor fails to perform any obligation contained in this Agreement, the Secured Party may itself perform, or cause performance of, such obligation, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the any Grantor.

Appears in 7 contracts

Samples: Security Agreement (TILT Holdings Inc.), Security Agreement (TILT Holdings Inc.), Junior Security Agreement (TILT Holdings Inc.)

Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself may, in its discretion, perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by Grantor together with interest at the Grantor; provided that the Late Charge Rate upon demand by Secured Party and such expenses and interest shall not constitute Obligations and be required to perform or discharge any obligation of the Grantorsecured by this Security Agreement.

Appears in 7 contracts

Samples: Security Agreement, City Purpose Security Agreement, Security Agreement

Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 16.

Appears in 7 contracts

Samples: Loan Agreement (Enstar Income Program Iv-2 Lp), Loan Agreement (Enstar Income Program Iv-1 Lp), Security Agreement (Santa Fe Gaming Corp)

Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party Party, at its option, may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 8.4.

Appears in 7 contracts

Samples: Security Agreement (Kona Gold Beverage, Inc.), Security Agreement (Kona Gold Beverage, Inc.), Security Agreement (Kona Gold Beverage, Inc.)

Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the reasonable expenses of the Secured Party incurred in connection therewith shall be payable payable, jointly and severally, by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantors.

Appears in 5 contracts

Samples: Guaranty and Security Agreement (Emmis Communications Corp), Guaranty and Security Agreement (Northwest Pipe Co), Guaranty and Security Agreement (Dgse Companies Inc)

Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required such Grantor pursuant to perform or discharge any obligation of the GrantorSection 6.2 hereof.

Appears in 4 contracts

Samples: Senior Secured Credit Agreement (Surebeam Corp), Senior Secured Credit Agreement (Surebeam Corp), Senior Secured Credit Agreement (Titan Corp)

Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the Grantorsuch Grantor under Section 15.

Appears in 4 contracts

Samples: Credit Agreement (Aurora Foods Inc /Md/), Credit Agreement (Outsourcing Solutions Inc), Credit Agreement (Aurora Foods Inc /De/)

Secured Party May Perform. If the Grantor fails to perform and/or observe any obligation term, covenant or condition contained herein or in this the Funding Agreement, the Secured Party may itself may, in its discretion, perform, or cause performance and/or observance of, such obligationterm, covenant or condition, and the expenses of the Secured Party incurred in connection therewith shall be payable by Grantor together with interest at the Grantor; provided that the Late Charge Rate upon demand by Secured Party and such expenses and interest shall not constitute Obligations and be required to perform or discharge any obligation of the Grantorsecured by this Security Agreement.

Appears in 4 contracts

Samples: Security Agreement, City Purpose Security Agreement, Security Agreement

Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required Grantor pursuant to perform or discharge any obligation of the GrantorSection 6.2 hereof.

Appears in 4 contracts

Samples: Senior Secured Credit Agreement (Surebeam Corp), Senior Secured Credit Agreement (Titan Corp), Senior Secured Credit Agreement (Surebeam Corp)

Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the each Grantor under Section 5.6. Secured Party shall endeavor to provide Grantor with notice of any action by Secured Party pursuant to the preceding sentence; provided, any failure to provide any such notice shall not be required to perform impair any right or discharge action of Secured Party or any obligation of the GrantorSecured Creditor.

Appears in 3 contracts

Samples: Credit Agreement (Powersecure International, Inc.), Credit Agreement (Powersecure International, Inc.), Security Agreement (Powersecure International, Inc.)

Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, upon the occurrence and during the continuance of an Event of Default, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the reasonable expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the Grantor.

Appears in 3 contracts

Samples: Security Agreement (Resonant Inc), Security Agreement (Resonant Inc), Exchange Agreement (Resonant Inc)

Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantors under Section 17(b) hereof.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Levi Strauss & Co), Pledge and Security Agreement (Levi Strauss & Co)

Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 19.

Appears in 2 contracts

Samples: Security Agreement (Buy Com Inc), Security Agreement (Buy Com Inc)

Secured Party May Perform. If the a Grantor fails to perform any obligation contained in this Agreement, the Secured Party may itself perform, or cause performance of, such obligationobligation (solely to the extent necessary to preserve the existence of its security interest in the Collateral), and the expenses of the Secured Party incurred in connection therewith shall be payable by the such Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the a Grantor.

Appears in 2 contracts

Samples: Guaranty and Security Agreement (Augusta Gold Corp.), Guaranty and Security Agreement (Augusta Gold Corp.)

Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the reasonable expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 13 hereof.

Appears in 2 contracts

Samples: LLC Membership Interest Security Agreement (Players International Inc /Nv/), Partnership Interest Security Agreement (Players International Inc /Nv/)

Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 14(b).

Appears in 2 contracts

Samples: Security Agreement (Doughties Foods Inc), Security Agreement (Synthetic Industries Inc)

Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein after having a reasonable opportunity therefor, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 11(b).

Appears in 2 contracts

Samples: Guarantee Agreement (Southwall Technologies Inc /De/), Reimbursement and Security Agreement (Southwall Technologies Inc /De/)

Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party Party, at its option, may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the Grantorsuch Grantor under Section 8.3.

Appears in 2 contracts

Samples: Security Agreement (Homeland Security Capital CORP), Security Agreement (Homeland Security Capital CORP)

Secured Party May Perform. If the Grantor fails to perform any obligation contained in this Agreementan Event of Default has occurred and remains continuing, the Secured Party may itself perform, or cause performance of, such obligationany agreement of Grantor hereunder that Grantor has failed to perform, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantors under Section 18(b).

Appears in 2 contracts

Samples: Security Agreement (Unified Grocers, Inc.), Security Agreement (Unified Grocers, Inc.)

Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party Party, at its option, may itself perform, or cause performance of, such obligationagreement, and the reasonable expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 8.4.

Appears in 2 contracts

Samples: Security Agreement (Kraig Biocraft Laboratories, Inc), Security Agreement (Kraig Biocraft Laboratories, Inc)

Secured Party May Perform. If the Grantor fails to perform any obligation contained in this Agreement, the during an Event of Default, Secured Party may itself perform, or cause performance of, such obligation, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the Grantor.

Appears in 2 contracts

Samples: Security Agreement (TCW Direct Lending LLC), Revolving Credit Agreement (TCW Direct Lending LLC)

Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party Party, with prior written notice to Grantor, may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 13 hereof.

Appears in 2 contracts

Samples: Security Agreement (Findex Com Inc), Security Agreement (Save on Energy Inc)

Secured Party May Perform. If the Grantor fails to perform any obligation contained in this Agreement, the Secured Party may itself perform, or cause performance of, such obligation, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the Grantor.

Appears in 2 contracts

Samples: Security Agreement (Acer Therapeutics Inc.), Security Agreement (Pacific Ethanol, Inc.)

Secured Party May Perform. If the Grantor Grantors fails to perform any obligation contained in this Agreement, the Secured Party may itself perform, or cause performance of, such obligation, and the expenses of the Secured Party incurred in connection therewith shall be payable by the GrantorGrantors; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantors.

Appears in 2 contracts

Samples: Membership Interest Purchase Agreement (Boxlight Corp), Membership Interest Purchase Agreement (Boxlight Corp)

Secured Party May Perform. If the Grantor fails to perform any obligation of its obligations contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationobligations, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor pursuant to Section 6.2. The Secured Party agrees to provide 30 days’ written notice to the Grantor before performing any such obligations of the Grantor; provided that , unless the Secured Party shall not be required to perform reasonably believes that such performance is necessary or discharge any obligation desirable for the preservation or protection of the GrantorCollateral in which event no such notice shall be required.

Appears in 1 contract

Samples: Security Agreement (Tucows Inc /Pa/)

Secured Party May Perform. If the a Grantor fails to perform any obligation ------------------------- agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the reasonable expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required Grantors pursuant to perform or discharge any obligation of the Grantor.Section 6.2. -----------

Appears in 1 contract

Samples: Security Agreement (Appleton Papers Inc/Wi)

Secured Party May Perform. If the Grantor fails to perform or comply with any obligation of its agreements contained in herein, the Secured Party, as provided for by the terms of this Agreement, the Secured Party may may, but shall not be obligated to, itself performperform or comply, or otherwise cause performance ofor compliance, with such obligationagreement, and the reasonable expenses of the Secured Party incurred in connection therewith with such performance or compliance, together with interest thereon at the highest rate then in effect in respect of the Loans, shall be payable by the Grantor; provided that Grantor to the Secured Party on demand and shall not be required to perform or discharge any obligation of the Grantorconstitute Obligations secured hereby.

Appears in 1 contract

Samples: Security Agreement (Covad Communications Group Inc)

Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may may, but without any obligation to do so and without notice, itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the Grantorsuch Grantor under Section 18(b).

Appears in 1 contract

Samples: Security Agreement (Medplus Inc /Oh/)

Secured Party May Perform. If the any Grantor fails to perform any obligation contained in this AgreementAgreement after such demand therefor from Secured Party as is reasonable under the then-existing circumstances, the Secured Party may itself perform, or cause performance of, such obligation, and the expenses of the Secured Party incurred in connection therewith shall be payable by the any Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the any Grantor.

Appears in 1 contract

Samples: Debt and Security Agreement (TILT Holdings Inc.)

Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation Grantor under SECTION 16.13 of the GrantorLoan Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Russell Corp)

Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 12(b).

Appears in 1 contract

Samples: Security Agreement (National Manufacturing Technologies)

Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may may, but without any obligation to do so and without notice, itself perform, perform or cause performance of, such obligationagreement, and the expenses of the Secured Party reasonably incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 13.

Appears in 1 contract

Samples: Security Agreement (Flagstone Reinsurance Holdings LTD)

Secured Party May Perform. If the a Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party Party, at its option, may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 8.4.

Appears in 1 contract

Samples: Unit Purchase Agreement (Medivie USA Inc.)

Secured Party May Perform. If the either Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Grantors under Section 20. Nothing contained herein shall obligate Secured Party shall not be required to perform or discharge take any obligation of the Grantorsuch action.

Appears in 1 contract

Samples: Security Agreement (Eldorado Resorts LLC)

Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may after reasonable notice to Grantor itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by Grantor in accordance with the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation terms of the GrantorCredit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Manufacturers Services LTD)

Secured Party May Perform. If the such Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that such Grantors and be part of the Secured Party shall not be required to perform or discharge any obligation of the GrantorObligations.

Appears in 1 contract

Samples: Pledge and Security Agreement (Fruehauf Trailer Corp)

Secured Party May Perform. If the Grantor fails to perform any obligation contained in this Security Agreement, the Secured Party may itself perform, or cause performance of, such obligation, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the Grantor.

Appears in 1 contract

Samples: Security Agreement (American Cannabis Company, Inc.)

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Secured Party May Perform. If the Grantor fails to perform any obligation agreement or covenant contained in this Agreementherein, the Secured Party may itself perform, perform or cause the performance of, of such obligationagreement or covenant, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Grantor under Section 11. However, nothing in this Agreement shall obligate Secured Party shall not be required to perform or discharge any obligation act. Table of the Grantor.Contents

Appears in 1 contract

Samples: Merger Agreement (Us Search Corp Com)

Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required Grantor pursuant to perform or discharge any obligation Clause 15.3 of the GrantorLoan Agreement.

Appears in 1 contract

Samples: Term Facility Agreement (Affimed Therapeutics B.V.)

Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the Grantorsuch Grantor under Section 15(b).

Appears in 1 contract

Samples: Guaranty and Security Agreement (Ascent Assurance Inc)

Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of (but shall not be obligated to perform or cause the performance of), such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantors under Section 19(b).

Appears in 1 contract

Samples: Security Agreement (Covanta Energy Corp)

Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the reasonable expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 14 hereof.

Appears in 1 contract

Samples: Limited Partnership Agreement (York Research Corp)

Secured Party May Perform. If the a Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party Party, at its option, may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 8.3.

Appears in 1 contract

Samples: Security Agreement (CombiMatrix Corp)

Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may may, but without any obligation to do so and without notice, itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 15.

Appears in 1 contract

Samples: Security Agreement (Osiris Therapeutics, Inc.)

Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantors under Section 12(b) hereof.

Appears in 1 contract

Samples: Security Agreement (Raser Technologies Inc)

Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may may, but shall not be obligated to, itself perform, or cause performance of, such obligationagreement, and the reasonable expenses of the Secured Party incurred in connection therewith shall be payable payable, jointly and severally, by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantors.

Appears in 1 contract

Samples: Security and Pledge Agreement (Gelesis Holdings, Inc.)

Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained herein, or any act which the Grantor fails to perform after being requested in this Agreementwriting by the Secured Party to perform (it being understood that no such request need be given after the occurrence and during the continuation of an Event of Default), the Secured Party may itself perform, or cause performance of, such obligationagreement or such act, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation Grantor within fifteen (15) days of the Grantorwritten demand.

Appears in 1 contract

Samples: Pledge and Security Agreement (Airtran Holdings Inc)

Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the reasonable expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 12 hereof.

Appears in 1 contract

Samples: Security Agreement (Urban Cool Network Inc)

Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may may, but without any obligation to do so and without notice, itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 15(b).

Appears in 1 contract

Samples: Guaranty and Security Agreement (WHX Corp)

Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the reasonable and documented expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the such Grantor under Section 5.7. Secured Party shall provide such Grantor with notice of any action by Secured Party pursuant to the preceding sentence; provided, any failure to provide any such notice shall not be required to perform impair any right or discharge action of Secured Party or any obligation of the Grantorother Secured Creditor.

Appears in 1 contract

Samples: Credit Agreement (BG Staffing, Inc.)

Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the reasonable costs and expenses of the Secured Party (including any payments made in respect of taxes or insurance) incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 17 hereof.

Appears in 1 contract

Samples: Note Purchase Agreement (Clean Energy Fuels Corp.)

Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may may, but shall not be obligated to, itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Grantor under Section 14 hereof and constitute Secured Party shall not be required to perform or discharge any obligation of the GrantorObligations secured hereby.

Appears in 1 contract

Samples: Intellectual Property Security Agreement (Covad Communications Group Inc)

Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the reasonable expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the Grantor.

Appears in 1 contract

Samples: Security Agreement (S&W Seed Co)

Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 13 hereof.

Appears in 1 contract

Samples: Put/Call Agreement (Planetout Inc)

Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the after notice to each Grantor, Secured Party may itself perform, or cause performance of, such obligation, agreement and the expenses of the Secured Party Party, incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantors under Section 16 hereof.

Appears in 1 contract

Samples: Cash Collateral Account Agreement (Ugly Duckling Corp)

Secured Party May Perform. If the Grantor fails to perform any obligation contained in this Agreement, the Secured Party may itself perform, or cause performance of, such obligation, and the expenses of the Secured Party incurred in connection therewith shall will be payable by the Grantor; , provided that the Secured Party shall will not be required to perform or discharge any obligation of the Grantor.

Appears in 1 contract

Samples: Security Agreement (Rivulet Media, Inc.)

Secured Party May Perform. If the Grantor fails to perform any obligation contained in this Agreement, the Secured Party may itself perform, or cause performance of, such obligation, and the expenses of the Secured Party incurred in connection therewith shall be is payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the Grantor.

Appears in 1 contract

Samples: Security Agreement (Athena Bitcoin Global)

Secured Party May Perform. If Subject to the Intercreditor Agreement, if the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may may, but without any obligation to do so and without notice, itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 15.

Appears in 1 contract

Samples: Security Agreement (Health Enhancement Products Inc)

Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the Grantorsuch Grantor under Section 14 hereof.

Appears in 1 contract

Samples: Credit Agreement (Outsourcing Solutions Inc)

Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this herein, under the Purchase Agreement, or the Note, then the Secured Party may itself perform, or cause the performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the Grantor.

Appears in 1 contract

Samples: Security Agreement (Cinemastar Luxury Theaters Inc)

Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required Grantor pursuant to perform or discharge any obligation of the GrantorSection 7.4.

Appears in 1 contract

Samples: Credit Agreement (Ada-Es Inc)

Secured Party May Perform. If the Grantor fails to ------------------------- perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 17.

Appears in 1 contract

Samples: Subsidiary Trademark Security Agreement (Pantry Inc)

Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under SECTION 14(b).

Appears in 1 contract

Samples: Security Agreement (Phoenix Racing Inc)

Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the reasonable out-of-pocket expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the Grantor.

Appears in 1 contract

Samples: Security Agreement (Skinny Nutritional Corp.)

Secured Party May Perform. If the Grantor fails to perform perform, or cause to be performed, any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the reasonable expenses of the Secured Party incurred in connection therewith there­with shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 12(b).

Appears in 1 contract

Samples: Collateral Assignment of Deposit Accounts, Pledge and Security Agreement and Escrow Agreement

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