Secured Party May Perform. If the Debtor fails to perform any agreement, covenant, or obligation contained herein, the Secured Party may itself perform, or cause performance of such agreement, covenant or obligation and the expenses and costs of the Secured Party incurred in connection therewith shall be payable by the Debtor.
Appears in 7 contracts
Samples: Secured Promissory Note and Security Agreement (Charlie's Holdings, Inc.), Secured Promissory Note and Security Agreement (Charlie's Holdings, Inc.), Secured Promissory Note and Security Agreement (Charlie's Holdings, Inc.)
Secured Party May Perform. If the Debtor fails to perform any agreement, covenant, or obligation contained hereinin this Agreement, the Secured Party may itself perform, or cause performance of of, such agreementobligation, covenant or obligation and the expenses and costs of the Secured Party incurred in connection therewith shall be payable by the Debtor; provided that the Secured Party shall not be required to perform or discharge any obligation of the Debtor.
Appears in 4 contracts
Samples: Security Agreement (Hawker Energy, Inc.), Security Agreement (Hawker Energy, Inc.), Security Agreement (Sara Creek Gold Corp.)
Secured Party May Perform. If the Debtor fails to perform any agreement, covenant, or obligation contained hereinin this Security Agreement, the Secured Party may itself perform, or cause performance of of, such agreementobligation, covenant or obligation and the expenses and costs of the Secured Party incurred in connection therewith shall be payable by the Debtor; provided that the Secured Party shall not be required to perform or discharge any obligation of the Debtor.
Appears in 3 contracts
Samples: Security Agreement, Security Agreement (Dova Pharmaceuticals, Inc.), Security Agreement (Dova Pharmaceuticals, Inc.)
Secured Party May Perform. If the Debtor fails Borrower Parties fail to perform any agreement, covenant, or obligation agreement contained herein, the Secured Party may itself perform, or cause performance of of, such agreement, covenant or obligation and the expenses and costs of the Secured Party incurred in connection therewith shall be payable by the DebtorBorrower Parties, shall bear interest at a rate equal to the Default Rate until paid and shall constitute Secured Obligations hereunder.
Appears in 3 contracts
Samples: Security Agreement (SeaStar Medical Holding Corp), Security Agreement (SeaStar Medical Holding Corp), Security Agreement (Lm Funding America, Inc.)
Secured Party May Perform. If the Debtor fails to perform any agreement, covenant, or obligation provision contained herein, the Secured Party may itself perform, or cause performance of such agreementprovision, covenant or obligation and the expenses and costs expense of the Secured Party incurred in connection therewith shall be payable by the DebtorDebtor under Section 12.
Appears in 2 contracts
Samples: Security Agreement (MBI Financial, Inc.), Security Agreement (Monarch Services Inc)
Secured Party May Perform. If the Debtor fails to perform any agreement, covenant, or obligation agreement contained herein, the Secured Party may itself perform, or cause performance of of, such agreement, covenant or obligation and the expenses and costs of the Secured Party incurred in connection therewith shall be payable by the DebtorDebtor under Section 12(B).
Appears in 2 contracts
Samples: Loan and Security Agreement (Global Axcess Corp), Loan and Security Agreement (Global Axcess Corp)
Secured Party May Perform. If the Debtor fails to perform any agreement, covenant, or obligation agreement contained herein, the Secured Party may itself perform, or cause performance of of, such agreement, covenant or obligation and the expenses and costs of the Secured Party incurred in connection therewith shall be payable by the DebtorDebtor under Section 4.5.
Appears in 2 contracts
Samples: Security Agreement (Quest Medical Inc), Security Agreement (Quest Medical Inc)
Secured Party May Perform. If the Debtor fails to perform any agreement, covenant, agreement or obligation covenant contained herein, then the Secured Party in its discretion may itself perform, perform or cause the performance of such agreementagreement or covenant, covenant or obligation and the reasonable expenses and costs of the Secured Party incurred in connection therewith shall be payable by the Debtor. However, nothing in this Security Agreement shall obligate Secured Party to act, nor shall the actions of Secured Party under this section be construed as a waiver or cure of any such failure.
Appears in 2 contracts
Samples: Security Agreement (Camelot Entertainment Group, Inc.), Security Agreement (Camelot Entertainment Group, Inc.)
Secured Party May Perform. If the Debtor fails to perform any agreement, covenant, or obligation agreement contained herein, the Secured Party may itself perform, or cause performance of of, such agreement, covenant or obligation and the reasonable expenses and costs of the Secured Party incurred in connection therewith shall be payable by Debtor on demand and shall become part of the DebtorLiabilities secured hereunder.
Appears in 2 contracts
Samples: Loan and Security Agreement, Stock Purchase Plan, Promissory Note, Credit Note, Guaranty, Asset Purchase Agreement (PHC Inc /Ma/), Security Agreement (PHC Inc /Ma/)
Secured Party May Perform. If the Debtor fails to perform any agreement, covenant, or obligation agreement contained herein, the Secured Party may itself perform, or cause performance of of, such agreement, covenant or obligation and the expenses and costs of the Secured Party incurred in connection therewith shall be payable by the DebtorDebtor as provided under Section 9 hereof, with interest as provided in the Letter Agreement.
Appears in 2 contracts
Samples: Term Loan Agreement (Biotransplant Inc), Security Agreement (Geltex Pharmaceuticals Inc)
Secured Party May Perform. If the Debtor Borrower fails to perform any agreement, covenant, or obligation contained hereinin this Agreement, the Secured Party may itself perform, or cause performance of of, such agreementobligation, covenant or obligation and the expenses and costs of the Secured Party incurred in connection therewith shall be payable by the DebtorBorrower and added to the principal balance of the Note; 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 (Precision Therapeutics Inc.), Security Agreement (Precision Therapeutics Inc.)
Secured Party May Perform. If the Debtor fails to perform any agreement, covenant, or obligation contained herein, the Secured Party may itself perform, or cause performance of such agreement, covenant or obligation and the expenses and costs of the Secured Party incurred in connection therewith shall be payable by the Debtor.
Appears in 2 contracts
Samples: Borrower Security Agreement (Peoples Liberation Inc), Borrower Security Agreement (Peoples Liberation Inc)
Secured Party May Perform. If the any Debtor fails to perform any agreement, covenant, or obligation agreement contained herein, the Secured Party may itself perform, or cause performance of of, such agreement, covenant or obligation and the expenses and costs of the Secured Party incurred in connection therewith shall be payable by the DebtorDebtor under Section 5.08.
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Secured Party May Perform. If the Debtor fails to perform any agreement, covenant, or obligation ------------------------- agreement contained herein, the Secured Party may itself perform, or cause performance of of, such agreement, covenant or obligation and the expenses and costs of the Secured Party incurred in connection therewith shall be payable by the DebtorDebtor under Section 12(b).
Appears in 1 contract
Secured Party May Perform. If the Debtor fails to perform any agreement, covenant, or obligation agreement contained herein, the Secured Party may itself perform, or cause performance of of, such agreement, covenant or obligation and the expenses and costs of the Secured Party incurred in connection therewith shall be payable by the DebtorDebtor as provided in Section 4.05.
Appears in 1 contract
Secured Party May Perform. If the Debtor fails to perform any agreement, covenant, or obligation agreement contained herein, the Secured Party may itself perform, or cause performance of of, such agreement, covenant or obligation and the expenses and costs of the Agent incurred in connection therewith shall be payable by the Debtor. Secured Party May Perform. If the Debtor fails to perform any agreement contained herein, the Secured Party may itself perform, or cause performance of, such agreement, and the expenses of the Agent incurred in connection therewith shall be payable by the Debtor.
Appears in 1 contract
Samples: Accounts Pledge Agreement (Casino Magic of Louisiana Corp)
Secured Party May Perform. If the Debtor fails to perform any agreement, covenant, or obligation agreement contained herein, the Secured Party may itself perform, or cause performance of of, such agreement, covenant or obligation and the expenses and costs of the Secured Party incurred in connection therewith shall be payable by the DebtorDebtor under Article VI.
Appears in 1 contract
Secured Party May Perform. If the either Debtor fails to perform any agreement, covenant, agreement or obligation covenant contained herein, then the Secured Party in its discretion may itself perform, perform or cause the performance of such agreementagreement or covenant, covenant or obligation and the reasonable expenses and costs of the Secured Party incurred in connection therewith shall be payable by the Debtor. However, nothing in this Security Agreement shall obligate Secured Party to act, nor shall the actions of Secured Party under this section be construed as a waiver or cure of any such failure.
Appears in 1 contract
Samples: Security and Participation Agreement (Camelot Entertainment Group, Inc.)
Secured Party May Perform. If the Debtor fails to perform any ------------------------- agreement, covenant, covenant or obligation contained herein, the Secured Party may itself perform, or cause performance of such agreement, covenant or obligation and the expenses and costs of the Secured Party incurred in connection therewith shall be payable by the Debtor.
Appears in 1 contract
Samples: Pledge and General Security Agreement (Globix Corp)
Secured Party May Perform. If the Debtor Borrower fails to perform any agreement, covenant, or obligation agreement contained herein, the Secured Party may itself perform, or cause performance of of, such agreement, covenant or obligation and the expenses and costs of the Secured Party incurred in connection therewith shall be payable by the DebtorBorrower under Section 14(b).
Appears in 1 contract
Secured Party May Perform. If the Debtor fails to perform any agreement, covenant, or obligation agreement contained herein, the Secured Party may may, itself perform, or cause performance of of, such agreement, covenant or obligation and the expenses and costs of the Secured Party incurred in connection therewith shall be payable by the DebtorDebtor as provided in Section 4.05.
Appears in 1 contract
Samples: Security Agreement (Sentio Healthcare Properties Inc)
Secured Party May Perform. If the Debtor fails to perform any agreement, covenant, agreement or obligation covenant contained herein, then the Secured Party in its discretion may itself perform, perform or cause the performance of such agreementagreement or covenant, covenant or obligation and the reasonable expenses and costs of the Secured Party incurred in connection therewith shall be payable by the Debtor. However, nothing in this Security Agreement shall obligate Secured Party to act, nor shall the actions of Secured Party under this section be construed as a waiver or cure of any such failure.
Appears in 1 contract
Samples: Security Agreement (Camelot Entertainment Group, Inc.)
Secured Party May Perform. If the Debtor fails to perform any agreement, covenant, or obligation agreement contained herein, the Secured Party may itself perform, or cause performance of of, such agreement, covenant or obligation and the expenses and costs of the Secured Party incurred in connection therewith shall be payable by the DebtorDebtor under Subsection 12(h) and Section 14 hereof.
Appears in 1 contract
Samples: Security Agreement (Century Electronics Manufacturing Inc)
Secured Party May Perform. If the any Debtor fails to perform any agreement, covenant, or obligation agreement contained herein, the Secured Party may itself perform, or cause performance of of, such agreement, covenant or obligation and the expenses and costs of the Secured Party incurred in connection therewith shall be payable upon demand by such Debtor and if not paid shall bear interest at the DebtorDefault Rate set forth in the Credit Agreement.
Appears in 1 contract
Secured Party May Perform. If the Debtor fails to perform any agreement, covenant, agreement or obligation covenant contained herein, the Secured Party may may, without notice to Debtor, itself perform, or cause the performance of of, such agreementagreement or covenant, covenant or obligation and the expenses and costs of the Secured Party incurred in connection therewith shall be payable by the DebtorDebtor under Section 11 hereof.
Appears in 1 contract
Samples: Development and Loan Agreement (River Rock Entertainment Authority)
Secured Party May Perform. If the any Debtor fails to perform any agreement, covenant, or obligation agreement contained herein, after notice thereof from the Secured Party, the Secured Party may itself perform, or cause performance of of, such agreement, covenant or obligation and the reasonable expenses and costs of the Secured Party incurred in connection therewith shall be added to the Secured Obligations and shall be payable by the Debtorsuch Debtor under Section 15.
Appears in 1 contract
Samples: Underwriting and Continuing Indemnity Agreement (Great Lakes Dredge & Dock CORP)
Secured Party May Perform. If the a Debtor fails to perform any agreement, covenant, or obligation contained hereinin this Agreement, the Secured Party may itself perform, or cause performance of of, such agreementobligation, covenant or obligation and the expenses and costs of the Secured Party incurred in connection therewith shall be payable by the Debtor; provided that in no event shall the Secured Party be required to perform or discharge any obligation of the Debtor, and provided, further, that the Senior Lender shall not object to the Secured Party’s performance thereof.
Appears in 1 contract
Secured Party May Perform. If the any Debtor fails to perform any agreement, covenant, or obligation ------------------------- agreement contained herein, the Secured Party may itself perform, or cause performance of of, such agreement, covenant or obligation and the expenses and costs of the Secured Party incurred in connection therewith shall be payable upon demand by such Debtor and if not paid shall bear interest at the DebtorDefault Rate set forth in the Credit Agreement.
Appears in 1 contract
Secured Party May Perform. If the Debtor fails to perform any agreement, covenant, or obligation agreement contained herein, the Secured Party may itself perform, or cause performance of of, such agreement, covenant or obligation and the expenses and costs of the Secured Party incurred in connection therewith shall be payable by the Debtor.
Appears in 1 contract
Secured Party May Perform. If the Debtor fails to perform any agreement, covenant, or obligation agreement contained herein, the Secured Party may itself perform, or cause performance of of, such agreement, covenant or obligation and the expenses and costs of the Secured Party incurred in connection therewith shall be payable by the Debtor.
Appears in 1 contract
