Common use of Secured Party May Perform Clause in Contracts

Secured Party May Perform. If Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b).

Appears in 15 contracts

Samples: Pledge Agreement (Nu Skin Enterprises Inc), Credit Agreement (FWT Inc), Stock Pledge Agreement (Macerich Co)

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

Appears in 14 contracts

Samples: Asset Purchase Agreement (AmpliTech Group, Inc.), Stock Pledge Agreement (Focus Universal Inc.), Stock Pledge Agreement (Shin Nippon Biomedical Laboratories, Ltd.)

Secured Party May Perform. If Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, perform or cause performance of, of such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under treated as provided in Section 13(b)7 hereof.

Appears in 14 contracts

Samples: Pledge Agreement (American Wagering Inc), Pledge Agreement (Kansas City Southern), Stock Pledge Agreement (Marconi Corp PLC)

Secured Party May Perform. If Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b14(b).

Appears in 11 contracts

Samples: Stock Pledge Agreement (Alterra Healthcare Corp), Credit Agreement (Bell Industries Inc), Credit Agreement (Smith Corona Corp)

Secured Party May Perform. If Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b)13.

Appears in 9 contracts

Samples: Collateral Account Agreement (Eldorado Resorts LLC), Stock Pledge Agreement (Accentia Biopharmaceuticals Inc), Stock Pledge Agreement (Accentia Biopharmaceuticals Inc)

Secured Party May Perform. If any Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor Pledgors under Section 13(b).

Appears in 5 contracts

Samples: Credit Agreement (Aurora Foods Inc /De/), Credit Agreement (MBW Foods Inc), Credit Agreement (DMW Worldwide Inc)

Secured Party May Perform. If Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b)subsection 10.2 of the Credit Agreement.

Appears in 5 contracts

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

Secured Party May Perform. If Upon the occurrence and during the continuance of an Event of Default hereunder (including an Event of Default resulting from a failure to perform any agreement contained herein), if Pledgor fails to perform any agreement contained herein, the Secured Party may itself perform, or cause performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b)Pledgor.

Appears in 4 contracts

Samples: Stock Pledge Agreement (CSK Auto Corp), Stock Pledge Agreement (Carters Imagination Inc), Stock Pledge Agreement (CSK Auto Corp)

Secured Party May Perform. If Pledgor fails to perform any agreement contained herein, the Secured Party may itself perform, or cause performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by Pledgor under pursuant to the provisions of Section 13(b)9 hereof.

Appears in 4 contracts

Samples: Conversion and Loan Modification Agreement (Arkanova Energy Corp.), Securities Offering Agreement (Arkanova Energy Corp.), Securities Offering Agreement (Arkanova Energy Corp)

Secured Party May Perform. If any Pledgor fails to perform any agreement contained herein, then Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by such Pledgor under Section 13(b14(b).

Appears in 4 contracts

Samples: Credit Agreement (Ashford Hospitality Prime, Inc.), Credit Agreement (Ashford Hospitality Prime, Inc.), Credit Agreement (Sunstone Hotel Investors, Inc.)

Secured Party May Perform. If Pledgor fails to perform ------------------------- any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b14(b).

Appears in 4 contracts

Samples: Pledge Agreement (Santa Fe Gaming Corp), Company Pledge Agreement (Santa Fe Gaming Corp), Pledge Agreement (Santa Fe Gaming Corp)

Secured Party May Perform. If Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b).

Appears in 3 contracts

Samples: Pledge Agreement (Bentley International Inc), Pledge Agreement (Interiors Inc), Subordinated Pledge Agreement (Interiors Inc)

Secured Party May Perform. If the Pledgor fails to perform any agreement contained herein, the Secured Party may itself perform, or cause performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Pledgor under Section 13(b)12 hereof and constitute Obligations secured hereby.

Appears in 3 contracts

Samples: Pledge and Security Agreement (Metromedia International Group Inc), Pledge and Security Agreement (PLD Telekom Inc), Pledge and Security Agreement (PLD Telekom Inc)

Secured Party May Perform. If Upon the occurrence and during ------------------------- the continuance of an Event of Default, if the Pledgor fails to perform any agreement contained herein, the Secured Party may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Secured Party incurred in connection therewith shall be payable by the Pledgor under Section 13(b)14 hereof.

Appears in 3 contracts

Samples: Pledge Agreement (Omega Cabinets LTD), Pledge Agreement (Omega Cabinets LTD), Pledge Agreement (Omega Cabinets LTD)

Secured Party May Perform. If any Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by such Pledgor under Section 13(b).

Appears in 3 contracts

Samples: Pledge Agreement (Nu Skin Enterprises Inc), Pledge Agreement (Nu Skin Enterprises Inc), Subsidiary Pledge Agreement (Zilog Inc)

Secured Party May Perform. If Pledgor fails to perform any agreement contained herein, the Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b).

Appears in 3 contracts

Samples: Purchase Agreement (Polymet Mining Corp), Pledge Agreement (Polymet Mining Corp), Pledge Agreement (Glencore Holding Ag)

Secured Party May Perform. If Pledgor fails to perform any ------------------------- agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b).

Appears in 3 contracts

Samples: Subsidiary Pledge Agreement (Diamond Brands Operating Corp), Holdings Pledge Agreement (Diamond Brands Inc), Subsidiary Pledge Agreement (Diamond Brands Operating Corp)

Secured Party May Perform. If any Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, perform or cause performance of, of such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under treated as provided in Section 13(b)7 hereof.

Appears in 2 contracts

Samples: Pledge Agreement (Golfsmith International Holdings Inc), Pledge Agreement (Golfsmith International Holdings Inc)

Secured Party May Perform. If the Pledgor fails to perform any agreement covenant contained herein, the Secured Party may itself perform, or cause performance of, such agreement, and covenant. Pledgor shall pay for the reasonable expenses of the Secured Party incurred in connection therewith shall be payable by Pledgor under in accordance with Section 13(b)7.04.

Appears in 2 contracts

Samples: Credit Agreement (Global Industries LTD), Credit Agreement (Global Industries LTD)

Secured Party May Perform. If the Pledgor fails to perform any agreement contained herein, the Secured Party may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Secured Party incurred in connection therewith shall be payable by the Pledgor under in accordance with Section 13(b)) hereof.

Appears in 2 contracts

Samples: Stock Pledge Agreement (Bentley Systems Inc), Pledge Agreement (Bentley Systems Inc)

Secured Party May Perform. If Pledgor fails to perform any ------------------------- agreement contained herein, the Secured Party may itself perform, or cause the performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b)17 of this Agreement.

Appears in 2 contracts

Samples: Securities Pledge Agreement (A L Industrier As), Securities Pledge Agreement (A L Industrier As)

Secured Party May Perform. If Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b15(b).

Appears in 2 contracts

Samples: Company Pledge Agreement (Players International Inc /Nv/), Company Pledge Agreement (Players International Inc /Nv/)

Secured Party May Perform. If Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, perform or cause the performance of, of such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b)16. However, nothing in this Agreement shall obligate Secured Party to act.

Appears in 2 contracts

Samples: Pledge Agreement (Primeenergy Corp), Pledge Agreement (Primeenergy Corp)

Secured Party May Perform. If Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party such person incurred in connection therewith shall be payable by Pledgor under pursuant to Section 13(b)6.4.

Appears in 2 contracts

Samples: Pledge and Security Agreement (CMR Mortgage Fund II, LLC), Pledge and Security Agreement (CMR Mortgage Fund II, LLC)

Secured Party May Perform. If any Pledgor fails to perform any agreement contained herein, then Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor Pledgors under Section 13(b12(b).

Appears in 2 contracts

Samples: Credit Agreement (Trammell Crow Co), Credit Agreement (Trammell Crow Co)

Secured Party May Perform. If any Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by the relevant Pledgor under Section 13(b).

Appears in 2 contracts

Samples: Shareholder Pledge Agreement (Global Telesystems Group Inc), Shareholder Pledge Agreement (Flag Telecom Holdings LTD)

Secured Party May Perform. If a Pledgor fails to perform any agreement obligation contained hereinin this Agreement, the Secured Party may itself perform, or cause performance of, such agreementobligation, and the expenses of the Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b)such Pledgor; provided that the Secured Party shall not be required to perform or discharge any obligation of the Pledgors.

Appears in 2 contracts

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

Secured Party May Perform. If Pledgor fails to perform ------------------------- any agreement contained herein, the Secured Party may itself perform, or cause the performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b)17 of this Agreement.

Appears in 2 contracts

Samples: Share Pledge Agreement (Al Industrier As), Note Pledge Agreement (Al Industrier As)

Secured Party May Perform. If the Pledgor fails to perform any agreement contained herein, the Secured Party may itself perform, or cause performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b)such Pledgor.

Appears in 2 contracts

Samples: Revolving Credit Agreement (SeaCube Container Leasing Ltd.), Revolving Credit Agreement (SeaCube Container Leasing Ltd.)

Secured Party May Perform. If any Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by such Pledgor under Section 13(b)subsection 10.2 of the Credit Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Alliance Imaging Inc /De/), Credit Agreement (Alliance Imaging Inc /De/)

Secured Party May Perform. If Pledgor fails to perform any agreement contained herein, then Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b12(b).

Appears in 2 contracts

Samples: Credit Agreement (Trammell Crow Co), Credit Agreement (Trammell Crow Co)

Secured Party May Perform. If a Pledgor fails to perform any agreement contained herein as provided herein, Secured Party may itself perform, or cause performance of, such agreement, and the reasonable expenses of Secured Party incurred in connection therewith shall be payable by Pledgor Pledgors under Section 13(b)13.

Appears in 2 contracts

Samples: Second Collateral Account Agreement (Amerivest Properties Inc), Collateral Account Agreement (Amerivest Properties Inc)

Secured Party May Perform. If Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreementagreement or obligation, and the reasonable expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b)Pledgor.

Appears in 2 contracts

Samples: Pledge Agreement (Acacia Research Corp), Investment Agreement (Acacia Research Corp)

Secured Party May Perform. If Pledgor fails to perform any ------------------------- agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b)14.

Appears in 2 contracts

Samples: Credit Agreement (Varco International Inc), Credit Agreement (Varco International Inc)

Secured Party May Perform. If Pledgor fails to perform any agreement contained herein, the Secured Party may itself perform, or cause performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b16(b).

Appears in 2 contracts

Samples: Pledge Agreement (Prospect Medical Holdings Inc), Pledge Agreement (Cadiz Inc)

Secured Party May Perform. If Pledgor fails to perform any agreement agreement, obligation or responsibility contained herein, Secured Party may itself perform, or cause performance of, such agreement, obligation or responsibility, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b)13 hereof.

Appears in 2 contracts

Samples: Master Security Agreement (Apollo Group Inc), Master Security Agreement (Bristol Myers Squibb Co)

Secured Party May Perform. If Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b)11 hereof.

Appears in 2 contracts

Samples: Pledge Agreement (Hispanic Express Inc), Pledge Agreement (Central Financial Acceptance Corp)

Secured Party May Perform. If the Pledgor fails to perform any agreement contained herein, the Secured Party may itself perform, or cause performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Pledgor under Section 13(b)6.01.

Appears in 2 contracts

Samples: Pledge Agreement, Pledge Agreement (Processa Pharmaceuticals, Inc.)

Secured Party May Perform. If Pledgor fails to perform ------------------------- any agreement contained hereinherein within the time provided for performance hereunder, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b)13.

Appears in 1 contract

Samples: Collateral Account Agreement (Afc Enterprises Inc)

Secured Party May Perform. If either Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor the Pledgors under Section 13(b)13.

Appears in 1 contract

Samples: Collateral Account Agreement (Eldorado Resorts LLC)

Secured Party May Perform. If the Pledgor fails to perform any agreement contained herein, the Secured Party may itself perform, or cause performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Pledgor under pursuant to Section 13(b)10.4.

Appears in 1 contract

Samples: Pledge Agreement (Sun Media Corp)

Secured Party May Perform. If Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under in accordance with Section 13(b)10.2 of the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Arterial Vascular Engineering Inc)

Secured Party May Perform. If Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreementagreement in order to protect Secured Party's interests in the Collateral, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b14(b).

Appears in 1 contract

Samples: Credit Agreement (Bell Industries Inc)

Secured Party May Perform. If Pledgor fails to perform any ------------------------- agreement contained herein, the Secured Party may itself perform, or cause performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by Pledgor under pursuant to the provisions of Section 13(b)6 hereof.

Appears in 1 contract

Samples: Pledge Agreement (Polyphase Corp)

Secured Party May Perform. If any Pledgor fails to perform any agreement contained herein, the Secured Party may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Secured Party incurred in connection therewith shall be payable upon demand by such Pledgor under Section 13(b)and if not paid shall bear interest at the Default Rate set forth in the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Group Maintenance America Corp)

Secured Party May Perform. If the Pledgor fails to perform any agreement contained herein, the Secured Party may itself perform, or cause performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Pledgor under Section 13(b12(b).

Appears in 1 contract

Samples: Pledge and Security Agreement (Designs Inc)

Secured Party May Perform. If Pledgor fails to ------------------------- perform any agreement contained hereinherein after the period in which such performance is required, and after reasonable notice, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b14(b).

Appears in 1 contract

Samples: Subsidiary Pledge Agreement (Pantry Inc)

Secured Party May Perform. If Pledgor fails to perform ------------------------- any agreement contained hereinherein within the time provided for performance hereunder or under the Credit Agreement, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b).

Appears in 1 contract

Samples: Pledge Agreement (Afc Enterprises Inc)

Secured Party May Perform. If Pledgor fails to perform any agreement contained herein, the Secured Party may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Secured Party incurred in connection therewith shall be payable by the Pledgor under Section 13(b14(b).

Appears in 1 contract

Samples: Pledge and Security Agreement (Cross Continent Auto Retailers Inc M&l)

Secured Party May Perform. If the Pledgor fails to perform any agreement contained herein, the Secured Party may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Secured Party incurred in connection therewith shall be payable by the Pledgor under Section 13(b14(b).

Appears in 1 contract

Samples: Pledge Agreement (Epresence Inc)

Secured Party May Perform. If Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b)12(b) hereof.

Appears in 1 contract

Samples: Parent Pledge Agreement (Ascendant Solutions Inc)

Secured Party May Perform. If Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b)Company.

Appears in 1 contract

Samples: Operating Agreement (Lexington Corporate Properties Trust)

Secured Party May Perform. If Borrower or Pledgor fails fail to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor Borrower under Section 13(b).

Appears in 1 contract

Samples: Security Agreement (Cotton Valley Resources Corp)

Secured Party May Perform. If Pledgor fails to perform any agreement contained hereinherein (taking into account any cure periods provided herein with respect thereto), the Secured Party may itself perform, or cause performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b)Pledgor.

Appears in 1 contract

Samples: Security Agreement (ZEC, Inc.)

Secured Party May Perform. If any Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor Pledgors under Section 13(b14(b).

Appears in 1 contract

Samples: Credit Agreement (Ruths Hospitality Group, Inc.)

Secured Party May Perform. If any Pledgor fails to perform any agreement contained herein, the Secured Party may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Secured Party incurred in connection therewith shall be payable by the Pledgor under Section 13(b)14.

Appears in 1 contract

Samples: Pledge Agreement (Microfinancial Inc)

Secured Party May Perform. If Pledgor fails to perform any agreement contained herein, then Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b)upon demand by Secured Party, together with interest thereon from the date advanced at the rate set forth in the General Partner Demand Notes.

Appears in 1 contract

Samples: Limited Partnership Agreement (Ridgewood Properties Inc)

Secured Party May Perform. If the Pledgor fails to perform any agreement contained herein, the Secured Party may itself perform, or cause the performance of, such agreement, and the all costs and expenses of the Secured Party incurred in connection therewith shall promptly be payable to the Secured Party by the Pledgor under Section 13(b)11 below.

Appears in 1 contract

Samples: Stock Pledge Agreement (Nu Skin Enterprises Inc)

Secured Party May Perform. If Pledgor fails to perform ------------------------- any agreement contained hereinherein after the period in which such performance is required, and after reasonable notice, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b)14.

Appears in 1 contract

Samples: Company Pledge Agreement (Sandhills Inc)

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Secured Party May Perform. If Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the reasonable expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b).

Appears in 1 contract

Samples: Pledge Agreement (Avenue a Inc)

Secured Party May Perform. If any Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor Pledgors under Section 13(b)13.

Appears in 1 contract

Samples: Credit Agreement (Blackbaud Inc)

Secured Party May Perform. If the Pledgor fails to perform any agreement contained herein, the Secured Party may itself perform, or cause the performance of, such agreement, and the all costs and expenses of the Secured Party incurred in connection therewith shall promptly be payable to the Secured Party by the Pledgor under Section 13(b)12 below.

Appears in 1 contract

Samples: Stock Pledge Agreement (Nu Skin Asia Pacific Inc)

Secured Party May Perform. If Pledgor fails to perform any ------------------------- agreement contained hereinin this Agreement, Secured Party may itself perform, or cause performance of, of such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b)3.1 and constitute obligations secured by this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (At Home Corp)

Secured Party May Perform. If Upon the occurrence and during ------------------------- the continuance of an Event of Default (including an Event of Default resulting from a failure to perform any agreement contained herein), if the Pledgor fails to perform any agreement contained herein, the Secured Party may itself perform, or cause performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Pledgor under Section 13(b).------- 12. --

Appears in 1 contract

Samples: Stock Pledge Agreement (Saunders William C)

Secured Party May Perform. If Following occurrence of the Grant Effectiveness Condition, if Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b15(b).

Appears in 1 contract

Samples: Contingent Subordinate Pledge Agreement (Valhi Inc /De/)

Secured Party May Perform. If Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b)10.2 of the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Arterial Vascular Engineering Inc)

Secured Party May Perform. If Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the reasonable expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under in accordance with Section 13(b)14.

Appears in 1 contract

Samples: Stock Purchase Agreement

Secured Party May Perform. If Upon the occurrence and during the continuance of an Event of Default (including an Event of Default resulting from a failure to perform any agreement contained herein), if the Pledgor fails to perform any agreement contained herein, the Secured Party may itself perform, or cause performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b)15.

Appears in 1 contract

Samples: Pledge and Security Agreement (Worldport Communications Inc)

Secured Party May Perform. If any Pledgor fails to perform any agreement contained herein, then Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor Pledgors under Section 13(bSECTION 12(b).

Appears in 1 contract

Samples: Credit Agreement (Trammell Crow Co)

Secured Party May Perform. If Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b)and shall constitute Secured Obligations hereunder.

Appears in 1 contract

Samples: Pledge Agreement (Anchor Bancorp Wisconsin Inc)

Secured Party May Perform. If Pledgor fails Pledgors fail to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor Pledgors under Section 13(b14(b).

Appears in 1 contract

Samples: Pledge Agreement (Aimco Properties Lp)

Secured Party May Perform. If Pledgor fails to perform ------------------------- any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the reasonable expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b14(b).

Appears in 1 contract

Samples: Pledge and Security Agreement (Kern Jerome H)

Secured Party May Perform. If Pledgor fails to perform any agreement ------------------------- contained herein, then Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(bSECTION 12(B).

Appears in 1 contract

Samples: Credit Agreement (Prologis Trust)

Secured Party May Perform. If Pledgor fails to perform any agreement obligation contained hereinin this Agreement, Secured Party may itself perform, or cause performance of, of such agreementobligation, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b)3.1 and constitute obligations secured by this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Keynote Systems Inc)

Secured Party May Perform. If Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreementagreement in order to protect Secured Party's interest in the Collateral, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b)13.

Appears in 1 contract

Samples: Credit Agreement (Bell Industries Inc)

Secured Party May Perform. If Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the reasonable expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under in accordance with Section 13(b)13.

Appears in 1 contract

Samples: Stock Purchase Agreement

Secured Party May Perform. If the Pledgor fails to ------------------------- perform any agreement contained herein, the Secured Party may itself perform, or cause performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Pledgor under Section 13(b)2.18.

Appears in 1 contract

Samples: Pledge Agreement (Inforetech Wireless Technology Inc)

Secured Party May Perform. If Pledgor fails to perform any agreement contained herein, then Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(bSECTION 12(b).

Appears in 1 contract

Samples: Credit Agreement (Trammell Crow Co)

Secured Party May Perform. If the Pledgor fails to perform any agreement contained herein, the Secured Party may (but shall have no obligation to) itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b).

Appears in 1 contract

Samples: Agreement of Purchase and Sale of Membership Interest (Traffix Inc)

Secured Party May Perform. If any Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the reasonable expenses of Secured Party incurred in connection therewith shall be payable by such Pledgor under Section 13(b)5.8. Secured Party shall endeavor to provide such Pledgor with notice of any action by Secured Party pursuant to the preceding sentence; provided, any failure to provide any such notice shall not impair any right or action of Secured Party or any Creditor.

Appears in 1 contract

Samples: Pledge Agreement (Penson Worldwide Inc)

Secured Party May Perform. If any Pledgor fails to ------------------------- perform any agreement contained herein, the Secured Party may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Secured Party incurred in connection therewith shall be payable upon demand by such Pledgor under Section 13(b)and if not paid shall bear interest at the Default Rate set forth in the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Encompass Services Corp)

Secured Party May Perform. If either Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, perform or cause performance of, of such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(btreated as provided in Clause 7 (Expenses).

Appears in 1 contract

Samples: Pledge Agreement (Distinctive Devices Inc)

Secured Party May Perform. If Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be constitute Secured Obligations hereunder, payable by Pledgor under Section 13(b)13.

Appears in 1 contract

Samples: Credit Agreement (Arterial Vascular Engineering Inc)

Secured Party May Perform. If Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, (Credit Agreement) 264 such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b)14.

Appears in 1 contract

Samples: Credit Agreement (Dominicks Supermarkets Inc)

Secured Party May Perform. If any Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor Pledgors under Section 13(b14(b). SECTION 10.

Appears in 1 contract

Samples: Credit Agreement (Smith Corona Corp)

Secured Party May Perform. If Pledgor fails to perform any agreement contained hereinin this Agreement, Secured Party may itself perform, or cause performance of, of such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b)3.1 and constitute obligations secured by this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Onsale Inc)

Secured Party May Perform. If Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b)Pledgor.

Appears in 1 contract

Samples: Credit Agreement (Manufacturers Services LTD)

Secured Party May Perform. If the Pledgor fails to perform any ------------------------- agreement contained herein, the Secured Party may itself perform, or cause performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b)Pledgor.

Appears in 1 contract

Samples: Stock Pledge Agreement (Level 8 Systems Inc)

Secured Party May Perform. If Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b)the terms of the Credit Agreement.

Appears in 1 contract

Samples: Company Pledge Agreement (Express Scripts Inc)

Secured Party May Perform. If Pledgor fails to perform ------------------------- any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b)Pledgor.

Appears in 1 contract

Samples: Pledge Agreement (Corinthian Colleges Inc)

Secured Party May Perform. If any Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b).

Appears in 1 contract

Samples: Pledge Agreement (Chirex Inc)

Secured Party May Perform. If any Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by such Pledgor under Section 13(bSECTION 14(b).

Appears in 1 contract

Samples: Credit Agreement (Merrill Corp)

Secured Party May Perform. If Pledgor fails to perform any ------------------------- agreement contained hereinherein after the period in which such performance is required, and after reasonable notice, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b14(b).

Appears in 1 contract

Samples: Subsidiary Pledge Agreement (Sandhills Inc)

Secured Party May Perform. If Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under in accordance with Section 13(b)13.2.

Appears in 1 contract

Samples: Stock Purchase Agreement (Univision Communications Inc)

Secured Party May Perform. If Pledgor fails Pledgors fail to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor Pledgors under Section 13(b).

Appears in 1 contract

Samples: Credit Agreement (Blackbaud Inc)

Secured Party May Perform. If either Pledgor fails to perform ------------------------- any agreement contained herein, the Secured Party may itself perform, or cause performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b)the applicable Pledgor.

Appears in 1 contract

Samples: Pledge and Assignment (Isle of Capri Black Hawk Capital Corp)

Secured Party May Perform. If Pledgor fails to perform any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(bSECTION 14(b).

Appears in 1 contract

Samples: Credit Agreement (Merrill Corp)

Secured Party May Perform. If Pledgor fails to perform ------------------------- any agreement contained herein, Secured Party may itself perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Pledgor under Section 13(b)13.

Appears in 1 contract

Samples: Collateral Account Agreement (Sandhills Inc)

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