Common use of XXXXXX’S EXPENDITURES Clause in Contracts

XXXXXX’S EXPENDITURES. If any action or proceeding is commenced that would materially affect Xxxxxx's interest in the Collateral or if Borrower fails to comply with any provision of this Agreement or any Related Documents which constitutes an Event of Default, including but not limited to Borrower's failure to discharge or pay when due any amounts Borrower is required to discharge or pay under this Agreement or any Related Documents, Lender on Borrower's behalf may (but shall not be obligated to) take any action that Lender deems reasonably appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on any Collateral and paying all reasonable costs for insuring, maintaining and preserving any Collateral. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Xxxxxxxx. All such expenses will become a part of the Indebtedness and, at Xxxxxx's option, will (A) be payable on demand; (B) be added to the balance of the Note and be be treated as a balloon payment which will be due and payable at the Note's maturity.

Appears in 1 contract

Samples: Construction Loan Agreement

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XXXXXX’S EXPENDITURES. If any action or proceeding is commenced that would materially affect Xxxxxx's interest in During the Collateral or if Borrower fails to comply with any provision continuance of this Agreement or any Related Documents which constitutes an Event of Default, including but not limited Lender will have the right at any time to Borrower's failure make any payments and do any other acts Lender may reasonably deem necessary to discharge protect its security interests in the Collateral, including, without limitation, the rights to satisfy, purchase, contest or pay when due compromise any amounts Borrower is required encumbrance, charge or lien which, in the reasonable judgment of Xxxxxx, appears to discharge be prior to or pay superior to the security interests granted hereunder, and appear in and defend any action or proceeding purporting to affect its security interests in, or the value of, any of the Collateral, in each case other than with respect to Permitted Liens. Xxxxxxxx hereby agrees to reimburse Lender for all payments made and documented out-of-pocket expenses incurred under this Agreement or any Related Documentsincluding reasonable and documented out-of-pocket fees, Lender on Borrower's behalf may (but shall not be obligated to) take any action that Lender deems reasonably appropriateexpenses and disbursements of external attorneys and paralegals engaged by Xxxxxx, including but not limited any of the foregoing payments under, or acts taken to discharging or paying all taxesprotect its security interests in, liensany of the Collateral, security interests, encumbrances and other claims, at any time levied or placed on any Collateral and paying all reasonable costs for insuring, maintaining and preserving any Collateral. All such expenditures incurred or paid by Lender for such purposes which amounts will then bear interest at the rate charged be secured under the Note from the date incurred Security Instruments, and agrees it will be bound by any payment made or paid act taken by Xxxxxx hereunder absent Xxxxxx’s gross negligence or willful misconduct. Lender will have no obligation to the date of repayment by Xxxxxxxx. All such expenses will become a part make any of the Indebtedness and, at Xxxxxx's option, will (A) be payable on demand; (B) be added to the balance foregoing payments or perform any of the Note and be be treated as a balloon payment which will be due and payable at the Note's maturityforegoing acts.

Appears in 1 contract

Samples: Credit Agreement (Atlas Energy Solutions Inc.)

XXXXXX’S EXPENDITURES. If any action or proceeding is commenced that would materially affect Xxxxxx's ’s interest in the Collateral or if Borrower fails to comply with any provision of this Agreement or any Related Documents which constitutes an Event of DefaultDocuments, including Including but not limited to Borrower's ’s failure to discharge or pay when due any amounts Borrower Borrower. is required to discharge or pay under this Agreement or any Related Documents, Lender on Borrower's ’s behalf may (but shall not be obligated to) take any action that Lender deems reasonably appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed appropriate on any Collateral and paying all reasonable costs for insuring, maintaining and preserving any Collateral. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note or at the highest rate authorized by law, from the date incurred or paid by Lender Xxxxxx to the date of repayment by Xxxxxxxx. All such expenses will become a part of the Indebtedness and, at Xxxxxx's ’s option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's ’s maturity. If Lender is required by law to give Borrower notice before or after Xxxxxx makes an expenditure, Xxxxxxxx agrees that notice sent by regular mail at least five (6) days before the expenditure is made or notice delivered two (2) days before the expenditure is made is sufficient, and that notice within sixty (60) days after the expenditure is made is reasonable.

Appears in 1 contract

Samples: Business Loan Agreement (Arena Resources Inc)

XXXXXX’S EXPENDITURES. If any action or proceeding is commenced that would materially affect XxxxxxLender's interest in the Collateral or if Borrower fails Borrowers fail to comply with any provision of this Agreement or any Related Documents which constitutes an Event of DefaultDocuments, including but not limited to Borrower's Borrowers' failure to discharge or pay when due any amounts Borrower is Borrowers are required to discharge or pay under this Agreement or any Related Documents, Lender on Borrower's Borrowers' behalf may (but shall not be obligated to) take any action that Lender deems reasonably appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed appropriate on any Collateral and paying all reasonable costs for insuring, maintaining and preserving any Collateral. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by XxxxxxxxBorrowers. All such expenses will become a part of the Indebtedness and, at XxxxxxLender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity.

Appears in 1 contract

Samples: Business Loan Agreement (Unbridled Energy CORP)

XXXXXX’S EXPENDITURES. If any action or proceeding is commenced that would materially affect Xxxxxx's interest in the Collateral (and in which Borrower is not taking reasonably prudent actions to protect Lender’s interest in the Collateral) or if Borrower fails to comply with any provision of this Agreement or any Related Documents which constitutes an Event of DefaultDocuments, including but not limited to Borrower's failure to discharge or pay when due any amounts Borrower is required to discharge or pay under this Agreement or any Related Documents, Lender on Borrower's behalf may (but shall not be obligated to) take any action that Lender deems reasonably appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on any Collateral and paying all reasonable costs for insuring, maintaining and preserving any Collateral. All such expenditures reasonably incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender Xxxxxx to the date of repayment by Xxxxxxxx. All such expenses will become a part of the Indebtedness and, at XxxxxxLender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at on the Note's maturityMaturity Date.

Appears in 1 contract

Samples: Business Loan Agreement (Rubios Restaurants Inc)

XXXXXX’S EXPENDITURES. If any action or proceeding is commenced that would materially affect Xxxxxx's interest in the Collateral (and in which Borrower is not taking reasonably prudent actions to protect Lender’s interest in the Collateral) or if Borrower fails to comply with any provision of this Agreement or any Related Documents which constitutes an Event of DefaultDocuments, including but not limited to Borrower's failure to discharge or pay when due any amounts Borrower is required to discharge or pay under this Agreement or any Related Documents, Lender on Borrower's behalf may (but shall not be obligated to) take any action that Lender deems reasonably appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on any Collateral and paying all reasonable costs for insuring, maintaining and preserving any Collateral. All such expenditures reasonably incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender Xxxxxx to the date of repayment by Xxxxxxxx. All such expenses will become a part of the Indebtedness and, at XxxxxxLender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity.

Appears in 1 contract

Samples: Business Loan Agreement (Rubios Restaurants Inc)

XXXXXX’S EXPENDITURES. If any action or proceeding is commenced that would materially affect XxxxxxLender's interest Interest in the Collateral or if Borrower Grantor fails to comply with any provision of this Agreement or any Related Documents which constitutes an Event of DefaultDocuments, including but not limited to BorrowerGrantor's failure to discharge or pay when due any amounts Borrower is Grantor Is required to discharge or pay under this Agreement or any Related Documents, Lender on Borroweran Grantor's behalf may (but shall not be obligated to) take any action that Lender deems reasonably appropriate, including Including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on any the Collateral and paying all reasonable costs for (Continued) insuring, maintaining and preserving any the Collateral. All such expenditures incurred or paid by Lender for such purposes will then bear interest than beer Interest at the rate charged under the Note from the date incurred Incurred or paid by Lender to the date of repayment by XxxxxxxxGrantor. All such expenses will become a part of the Indebtedness and, at XxxxxxLender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any Installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Agreement also will secure payment of these amounts. Such right shall he In addition to all other rights and remedies to which Xxxxxx may be entitled upon Default.

Appears in 1 contract

Samples: Change in Terms Agreement (Powin Corp)

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XXXXXX’S EXPENDITURES. If any action or proceeding is commenced that would materially affect XxxxxxLender's interest in the Collateral or if Borrower fails to comply with any provision of this Agreement or any Related Documents which constitutes an Event of DefaultDocuments, including Including but not limited to Borrower's failure to discharge or pay when due any amounts Borrower is required to discharge or pay under this Agreement or any Related Documents, Lender on Borrower's behalf may (but shall not be obligated to) take any action that Lender deems reasonably appropriate, including Including but not limited to discharging or paying all taxes, liens, security interests, encumbrances encumbrances, and other claims, at any time levied or placed on any Collateral and paying all reasonable costs for insuring, maintaining and preserving any Collateral. , All such expenditures incurred Incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred Incurred or paid by Lender to the date of repayment by XxxxxxxxBorrower. All such expenses will become a part of the Indebtedness indebtedness and, at XxxxxxLender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be treated as a balloon payment which will be payable with any installment payments to become due and payable at during either (1) the Note's maturity.term of any applicable insurance policy; or

Appears in 1 contract

Samples: Business Loan Agreement (Microhelix Inc)

XXXXXX’S EXPENDITURES. If any action or proceeding is commenced that would materially affect Xxxxxx's ’s interest in the Collateral or if Borrower fails to comply with any provision of this Agreement or any Related Documents which constitutes an Event of DefaultDocuments, including but not limited to Borrower's ’s failure to discharge or pay when due any amounts Borrower is required to discharge or pay under this Agreement or any Related Documents, Lender on Borrower's ’s behalf may (but shall not be obligated to) take any action that Lender deems reasonably appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on any Collateral and paying all reasonable costs for insuring, maintaining and preserving any Collateral. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note Note, or the maximum rate permitted by law, whichever is less, from the date incurred or paid by Lender to the date of repayment by Xxxxxxxx. All such expenses will become a part of the Indebtedness and, at Xxxxxx's Lender’s option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's ’s maturity.

Appears in 1 contract

Samples: Business Loan Agreement (Asset Based) (Ocean Bio Chem Inc)

XXXXXX’S EXPENDITURES. If any action or proceeding is commenced that would materially affect Xxxxxx's interest in In the Collateral or if Borrower fails to comply with any provision of this Agreement or any Related Documents which constitutes an Event of DefaultDocuments, including but not limited to Borrower's failure to discharge or pay when due any amounts Borrower is required to discharge or pay under this Agreement or any Related Documents, Lender on Borrower's behalf may (but shall not be obligated to) take any action that Lender deems reasonably appropriate, including but not limited to discharging or paying all taxes, liens, security interestsInterests, encumbrances and other claims, at al any time lime levied or placed on any Collateral and paying all reasonable costs for insuring, maintaining and preserving any Collateral. All such expenditures incurred or paid by Lender for such purposes will then bear interest Interest at the rate charged under the Note Note, or the maximum rate permitted by law, whichever is less, from the date incurred Incurred or paid by Lender to the date of repayment by XxxxxxxxBorrower. All such expenses will become a part of the Indebtedness and, at Xxxxxx's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either the term of any applicable insurance policy: or (2) the remaining term of the Note: or (C) be treated as a balloon payment which will be due and payable at the Note's maturity.

Appears in 1 contract

Samples: Business Loan Agreement (Asset Based) (Gse Systems Inc)

XXXXXX’S EXPENDITURES. If any action or proceeding is commenced that would materially affect Xxxxxx's ’s interest in the Collateral or if Borrower fails to comply with any provision of if this Agreement or BUSINESS LOAN AGREEMENT (Continued) 8 any Related Documents which constitutes an Event of DefaultDocuments, including but not limited to Borrower's ’s failure to discharge or pay when due any amounts Borrower is required to discharge or pay under this Agreement or any Related Documents, Lender on discharge or pay when due any amounts Borrower is required to discharge or pay under this Agreement or any Related Documents, Lender on Borrower's ’s behalf may (but shall still not be obligated to) take any action that Lender deems reasonably appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on any Collateral and paying all reasonable costs for insuring, maintaining and preserving any Collateral. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Xxxxxxxx. All such expenses will become a part of the Indebtedness and, at Xxxxxx's ’s option, will (A) be by payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due either during (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's ’s maturity.

Appears in 1 contract

Samples: Business Loan Agreement (VCG Holding Corp)

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