TAXES AND EXPENSES REGARDING THE COLLATERAL. If a Borrower fails to pay any monies (whether taxes, assessments, insurance premiums or otherwise) due to third parties regarding the Collateral, or fails to make any deposits or furnish any required proof of payment or deposit, or fails to perform any of such Borrower's other covenants under the terms of this Agreement or any other Loan Document, then, Fremont may, in its reasonable credit judgment, do any or all of the following: (a) make any payment which such Borrower has failed to pay or any part thereof; (b) set up such reserves in Borrowers loan account as Fremont deems necessary to protect Fremont from the exposure created by such failure; (c) obtain and maintain insurance policies of the type described in Section 6.12 and take any action with respect to such policies as Fremont deems prudent; or (d) take any other action deemed necessary by Fremont to preserve and protect its interests and rights under this Agreement or any other Loan Document. Any payments made by Fremont shall not constitute an agreement by Fremont to make similar payments in the future or a waiver by Fremont of any Event of Default under this Agreement. Fremont need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance or lien and the receipt of notice for the payment thereof shall be conclusive evidence that the same was validly due and owing.
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Samples: Secured Revolving Credit and Letter of Credit Facility (Digital Recorders Inc)
TAXES AND EXPENSES REGARDING THE COLLATERAL. If a Borrower fails to pay any monies (whether taxes, assessments, insurance premiums or otherwise) due to third parties regarding the Collateral, or fails to make any deposits or furnish any required proof of payment or deposit, or fails to perform any of such Borrower's other covenants under the terms of this Agreement or any other Loan DocumentAgreement, thenthen in its discretion and without prior notice to Borrower, Fremont may, in its reasonable credit judgment, may do any or all of the following: (a) make any payment which such Borrower has failed to pay or any part thereof; : (b) set up such reserves in Borrowers Borrower's loan account as Fremont deems necessary to protect Fremont from the exposure created by such failure; : (c) obtain and maintain insurance policies of the type described in Section SECTION 6.12 and take any action with respect to such policies as Fremont deems prudent; or (d) take any other action deemed necessary by Fremont to preserve and protect its interests and rights under this Agreement or any other Loan DocumentAgreement. Any payments made by Fremont shall not constitute an agreement by Fremont to make similar payments in the future or a waiver by Fremont of any Event of Default under this Agreement. Fremont need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance or lien and the receipt of notice for the payment thereof shall be conclusive evidence that the same was validly due and owing.
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Samples: Loan and Security Agreement (International Food & Beverage Inc /De/)
TAXES AND EXPENSES REGARDING THE COLLATERAL. If a Borrower fails to pay any monies (whether taxes, assessments, insurance premiums or otherwise) due to third parties regarding the Collateral, or fails to make any deposits or furnish any required proof of payment or deposit, or fails to perform any of such Borrower's other covenants under the terms of this Agreement or any other Loan DocumentAgreement, thenthen in its discretion and without prior notice to Borrower, Fremont may, in its reasonable credit judgment, may do any or all of the following: (a) make any payment which such Borrower has failed to pay or any part thereof; (b) set up such reserves in Borrowers Borrower's loan account as Fremont deems necessary to protect Fremont from the exposure created by such failure; (c) obtain and maintain insurance policies of the type described in Section 6.12 and take any action with respect to such policies as Fremont deems prudent; or (d) take any other action deemed necessary by Fremont to preserve and protect its interests and rights under this Agreement or any other Loan DocumentAgreement. Any payments made by Fremont shall not constitute an agreement by Fremont to make similar payments in the future or a waiver by Fremont of any Event of Default under this Agreement. Fremont need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance or lien and the receipt of notice for the payment thereof shall be conclusive evidence that the same was validly due and owing.
Appears in 1 contract
TAXES AND EXPENSES REGARDING THE COLLATERAL. If a Borrower fails to pay any monies (whether taxes, assessments, insurance premiums or otherwise) due to third parties regarding the Collateral, or fails to make any deposits or furnish any required proof of payment or deposit, or fails to perform any of such Borrower's other covenants under the terms of this Agreement or any other Loan DocumentAgreement, thenthen in its discretion and without prior notice to Borrower, Fremont may, in its reasonable credit judgment, may do any or all of the following: (a) make any payment which such Borrower has failed to pay or any part thereof; (b) set up such reserves in Borrowers Borrower's loan account as Fremont deems necessary to protect Fremont from the exposure created by such failure; (c) obtain and maintain insurance policies of the type described in Section SECTION 6.12 and take any action with respect to such policies as Fremont deems prudent; or (d) take any other action deemed necessary by Fremont to preserve and protect its interests and rights under this Agreement or any other Loan DocumentAgreement. Any payments made by Fremont shall not constitute an agreement by Fremont to make similar payments in the future or a waiver by Fremont of any Event of Default under this Agreement. Fremont need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance or lien and the receipt of notice for the payment thereof shall be conclusive evidence that the same was validly due and owing.
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