Trustee May Perform Covenants. If the Issuer shall fail to perform any of its covenants contained herein, the Trustee may in its discretion, but (subject to section 6.2) need not, notify the Holders of such failure or may itself perform any of such covenants capable of being performed by it and, if any such covenant requires the payment of money, it may make such payment with its own funds, or with money borrowed by it for such purpose, but shall be under no obligation to do so; and all sums so paid shall be payable by the Issuer in accordance with the provisions of section 5.4. No such performance by the Trustee of any covenant contained herein or payment by the Issuer of any sums advanced or borrowed by the Trustee pursuant to the foregoing provisions shall be deemed to relieve the Issuer from any default hereunder.
Trustee May Perform Covenants. If the Corporation shall fail to perform any covenant on its part herein contained, the Trustee may in its discretion, perform any of the said covenants capable of being performed by it, notify the Debentureholders of such failure and, if any such covenant requires the payment or expenditure of money, it may make such payment or expenditure with its own funds, or with money borrowed by or advanced to it for such purposes, but shall be under no obligation so to do; and all sums so expended or advanced shall be repayable by the Corporation in the manner provided in Section 6.1(4), but no such performance or payment shall be deemed to relieve the Corporation from any Default or Event of Default caused by such failure.
Trustee May Perform Covenants. If the Corporation fails to perform any covenant on its part herein contained, the Trustee may in its discretion, but (subject to Section 9.8) need not, notify the Debentureholders of such failure or may but need not perform any of said covenants capable of being performed by it and, if any such covenant requires the payment or expenditure of money, it may but need not make such payment or expenditure with its own funds, or with money borrowed by or advanced to it for such purposes, but shall be under no obligation to do so and all sums so expended or advanced shall be repayable by the Corporation in the manner provided in Section 9.6, but no such performance or payment by the Trustee shall be deemed to relieve the Corporation from default hereunder.
Trustee May Perform Covenants. If the Company shall fail to perform any of the covenants or fulfil any of the conditions contained in this Indenture or in the Debentures, the Trustee may in its discretion perform, but shall be under no obligation to do so, any of the said covenants or fulfil any such condition capable of being performed or fulfilled by it and, if any such covenant or condition requires the payment or expenditure of money, it may make such payments or expenditures with its own funds, or with money borrowed by or advanced to it for such purpose; and all sums so expended or advanced shall be at once payable by the Company and shall bear interest at the then prevailing prime rate until paid and shall be payable out of any monies held by the Trustee under this Indenture in priority to the Debentures, but no such performance or payment shall be deemed to relieve the Company from any default hereunder.
Trustee May Perform Covenants. If the Corporation fails to perform any covenant on its part herein contained, the Trustee may perform any such covenant capable of being performed by it and, if any such covenant requires the payment or expenditure of money, the Trustee may make such payment or expenditure with its own funds or with money borrowed by or advanced to it for such purpose, but shall be under no obligation to do so. All sums so expended or advanced shall be repayable by the Corporation in the manner provided in Section 8.5, but no such performance or payment shall be deemed to relieve the Corporation from any default or continuing obligation hereunder.
Trustee May Perform Covenants. If the Corporation shall fail to perform any of its covenants contained herein, the Trustee may in its discretion, but (subject to Section 5.2) need not, notify the Debentureholders of such failure or may itself perform any of such covenants capable of being performed by it and, if any such covenant requires the payment of money, it may make such payment with its own funds, or with money borrowed by it for such purpose, but shall be under no obligation to do so; and all sums so paid shall be payable by the Corporation in accordance with the provisions of Section 4.4. No such performance by the Trustee of any covenant contained herein or payment by the Corporation of any sums advanced or borrowed by the Trustee pursuant to the foregoing provisions shall be deemed to relieve the Corporation from any default hereunder.
Trustee May Perform Covenants. That if the Company shall fail to perform any covenant on its part herein contained, the Trustee may in its discretion, but (subject to section 8.2) need not, notify the Debenture holders of such failure or it may perform any of said covenants capable of being performed by it and, if any such covenant requires the payment or expenditure of money, it may make such payment or expenditure with its own funds, or with money borrowed by or advanced to it for such purpose, but shall be under no obligation so to do; and all sums so expended or advanced shall be repayable by the Company in the manner provided in section 7.5, but no such performance or payment shall be deemed to relieve the Company from any default hereunder.
Trustee May Perform Covenants. If the Corporation shall fail to perform any of its covenants contained in this Indenture, the Trustee may notify the Holders of Securities of each series affected thereby of such failure on the part of the Corporation or it may itself perform any such covenants capable of being performed by it, but shall be under no obligation so to do. All sums expended or advanced by the Trustee in such connection shall be repayable to the Trustee. No such performance or advance by the Trustee shall be deemed to relieve the Corporation from any default hereunder.
Trustee May Perform Covenants. If the Bank shall fail to perform any covenant on its part herein contained, the Trustee may in its discretion, but (subject to Section 8.3) need not, notify the Debentureholders of such failure or itself may but need not perform any of said covenants capable of being performed by it and, if any such covenant requires the payment or expenditure of money, it may make such payment or expenditure with its own funds, or with money borrowed by or advanced to it for such purpose, but shall be under no obligation so to do and all sums so expended or advanced shall be repayable by the Bank in the manner provided in Section 7.2, but no such performance, expenditure or disbursement by the Trustee shall be deemed to relieve the Bank of any default hereunder of its continuing obligations and the covenants contained herein.
Trustee May Perform Covenants. If the Corporation fails to perform any covenant on its part herein contained, the Trustee may perform any such covenant capable of being performed by it and, if any such covenant requires the payment or expenditure of money, the Trustee may make such payment or expenditure with its own funds or with money borrowed by or advanced to it for such purpose, but shall be under no obligation to do so. All sums so expended or advanced shall be repayable by the Corporation in the manner provided in Section 8.5, but no such performance or payment shall be deemed to relieve the Corporation from any default or continuing obligation hereunder. Trustee may execute and deliver any Senior Creditor Subordination Agreement in connection with any Senior Creditor Obligation to subordinate the Subordinate Secured Note Indebtedness to Senior Creditor Debt upon written demand of the Corporation, with an officer’s certificate confirming that debt is Senior Creditor Debt.
