Common use of Trustee May Perform Clause in Contracts

Trustee May Perform. If any Grantor fails to perform any agreement contained herein, the Trustee may, but shall not be obligated to, perform, or cause performance of, such agreement, and the expenses of the Trustee incurred in connection therewith shall be payable by such Grantor under Section 21; provided that, unless the Trustee determines that the circumstances do not so permit, the Trustee shall notify such Grantor of any such action ten Business Days' prior to taking, or causing to be taken, such action.

Appears in 2 contracts

Samples: Security Agreement (Foster Wheeler Inc), Security Agreement (Foster Wheeler Inc)

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Trustee May Perform. If any Grantor fails to perform any agreement contained herein, the Trustee may, but shall not be obligated to, may itself perform, or cause performance of, such agreement, and the expenses of the Trustee incurred in connection therewith shall be payable by such Grantor under Section 21; provided that, unless pursuant to the Trustee determines that terms of the circumstances do not so permit, the Trustee shall notify such Grantor of any such action ten Business Days' prior to taking, or causing to be taken, such actionIndentures.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Ferro Corp), Pledge and Security Agreement (Ferro Corp)

Trustee May Perform. If any Grantor fails to perform any agreement contained herein, the Trustee maymay itself, but shall not be obligated have no obligation to, perform, or cause performance of, such agreement, and the expenses of the Trustee incurred in connection therewith shall be payable by such Grantor under Section 21; provided that, unless the Trustee determines that the circumstances do not so permit, the Trustee shall notify such Grantor of any such action ten Business Days' prior to taking, or causing to be taken, such action.

Appears in 1 contract

Samples: Security Agreement (Gb Holdings Inc)

Trustee May Perform. If any Grantor fails to perform any ------------------- agreement contained hereinherein or in the Indenture, the Trustee may, but shall not be obligated to, may perform, or cause performance of, such agreement, and the expenses of the Trustee incurred in connection therewith shall be payable by such Grantor under Section 21; provided that, unless the Trustee determines that the circumstances do not so permit, the Trustee shall notify such Grantor of any such action ten Business Days' prior to taking, or causing to be taken, such action.22. -----------

Appears in 1 contract

Samples: Security Agreement (Majestic Star Casino LLC)

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Trustee May Perform. If any Grantor fails to perform any agreement contained herein, the Trustee may, may itself (but shall not be obligated to, ) perform, or cause performance of, such agreement, and the expenses of the Trustee incurred in connection therewith shall be payable by such Grantor under pursuant to Section 21; provided that, unless the Trustee determines that the circumstances do not so permit, the Trustee shall notify such Grantor of any such action ten Business Days' prior to taking, or causing to be taken, such action6.2.

Appears in 1 contract

Samples: Security Agreement (Jorgensen Earle M Co /De/)

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