Agent May Perform. If any Grantor fails to perform any agreement contained herein, Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Agent incurred in connection therewith shall be payable, jointly and severally, by Grantors.
Appears in 70 contracts
Samples: Patent Security Agreement (Oclaro, Inc.), Security Agreement (Dixie Group Inc), Patent Security Agreement (Oclaro, Inc.)
Agent May Perform. If any Grantor fails to perform any agreement contained herein, Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Agent incurred in connection therewith shall be payable, jointly and severally, by GrantorsGrantors in accordance with the terms of the Credit Agreement.
Appears in 18 contracts
Samples: Security Agreement (Franchise Group, Inc.), Guaranty and Security Agreement (BlueLinx Holdings Inc.), Guaranty and Security Agreement (CVR Energy Inc)
Agent May Perform. If any Grantor of Grantors fails to perform any agreement contained herein, Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Agent incurred in connection therewith shall be payable, jointly and severally, by Grantors.
Appears in 15 contracts
Samples: Patent Security Agreement (155 East Tropicana, LLC), Security Agreement (Silicon Graphics Inc), Security Agreement (Bookham, Inc.)
Agent May Perform. If any Grantor fails to perform any agreement contained herein, Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Agent incurred in connection therewith shall be payable, jointly and severally, payable by GrantorsGrantor pursuant to Section 6.3.
Appears in 6 contracts
Samples: Security Agreement (Lancer Corp /Tx/), Security Agreement (Packaged Ice Inc), Security Agreement (Lancer Corp /Tx/)
Agent May Perform. If any Grantor fails to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith (as to which invoices have been furnished) shall be payable, jointly and severally, payable by Grantorsthe Grantors under Section 16(b).
Appears in 5 contracts
Samples: Credit and Guaranty Agreement (Kasper a S L LTD), Credit and Guaranty Agreement (Burlington Industries Inc /De/), Revolving Credit and Guaranty Agreement (Multicare Companies Inc)
Agent May Perform. If any Grantor of the Grantors fails to perform any agreement contained herein, Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Agent incurred in connection therewith shall be payable, jointly and severally, by Grantors.
Appears in 5 contracts
Samples: Security Agreement (Ascendia Brands, Inc.), Credit Agreement (Utstarcom Inc), Security Agreement (Ascendia Brands, Inc.)
Agent May Perform. If any the Grantor fails to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorsthe Grantor under Section l7(b).
Appears in 5 contracts
Samples: Security and Pledge Agreement (Nextera Enterprises Inc), Security and Pledge Agreement (Nextera Enterprises Inc), Security and Pledge Agreement (Nextera Enterprises Inc)
Agent May Perform. If any Grantor fails to perform any agreement contained hereinherein resulting in an Event of Default, Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Agent incurred in connection therewith shall be payable, jointly and severally, by Grantors.
Appears in 5 contracts
Samples: Patent Security Agreement, Security Agreement (OCI Partners LP), Security Agreement (American Commercial Lines Inc.)
Agent May Perform. If any the Grantor fails to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorsthe Grantor pursuant to Section 6.2.
Appears in 5 contracts
Samples: Pledge Agreement (Novamed Inc), Pledge Agreement (Novamed Inc), Credit Agreement (Calpine Corp)
Agent May Perform. If any Grantor fails to perform any agreement contained herein, then at such time as an Event of Default has occurred and is continuing under the Credit Agreement, Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Agent incurred in connection therewith shall be payable, jointly and severally, by Grantors.
Appears in 4 contracts
Samples: Guaranty and Security Agreement (Unifi Inc), Patent Security Agreement (Unifi Inc), Patent Security Agreement (Unifi Inc)
Agent May Perform. If any Grantor fails to perform any agreement contained herein, Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Agent incurred in connection therewith shall be payable, jointly and severally, payable by GrantorsGrantors under Section 18(b).
Appears in 4 contracts
Samples: Security and Pledge Agreement (School Specialty Inc), Security and Pledge Agreement (School Specialty Inc), Security and Pledge Agreement (School Specialty Inc)
Agent May Perform. If any Grantor fails to perform any agreement contained herein, the Agent may may, as the Agent deems necessary to protect the security interest granted hereunder in the Collateral or to protect the value thereof, but without any obligation to do so and without notice, itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorssuch Grantor under Section 17(b).
Appears in 4 contracts
Samples: General Security Agreement (Genta Inc De/), General Security Agreement (Genta Inc De/), General Security Agreement (Genta Inc De/)
Agent May Perform. If any Grantor of Grantors fails to perform any agreement contained herein, the Agent may itself itself, but shall not be required to, perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith (including attorneys’ fees and expenses) shall be payable, jointly and severally, by Grantors.
Appears in 3 contracts
Samples: Security Agreement (Ants Software Inc), Security Agreement (Elephant Talk Communications Corp), Amended and Restated (Ants Software Inc)
Agent May Perform. If any Grantor fails to perform any agreement contained herein, Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Agent incurred in connection therewith shall be payable, jointly and severally, by Grantors, in accordance with the terms of the Credit Agreement.
Appears in 3 contracts
Samples: Guaranty and Security Agreement (Kronos Worldwide Inc), Guaranty and Security Agreement (Kronos Worldwide Inc), Guaranty and Security Agreement (Nl Industries Inc)
Agent May Perform. If any Grantor fails to perform any agreement contained hereinherein or in any other Basic Document, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorssuch Grantor pursuant to Section 11.03 of the Credit Agreement.
Appears in 3 contracts
Samples: Security Agreement (Empire Resources Inc /New/), Security Agreement (Empire Resources Inc /New/), Credit Agreement (Empire Resources Inc /New/)
Agent May Perform. If any Grantor fails to perform any agreement contained hereinherein after written notice from Agent and a reasonable opportunity to cure as reasonably determined by the Agent, Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Agent incurred in connection therewith shall be payable, jointly and severally, by Grantors.
Appears in 3 contracts
Samples: Guaranty and Security Agreement (Kronos Worldwide Inc), Guaranty and Security Agreement (Kronos Worldwide Inc), Pledge Agreement (Kronos Worldwide Inc)
Agent May Perform. If any the Grantor fails to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorsthe Grantor pursuant to SECTION 6.2.
Appears in 3 contracts
Samples: Country Trademark Serial No (Leiner Health Products Inc), Borrower Security Agreement (Key Components LLC), Credit Agreement (Aristotle Corp)
Agent May Perform. (a) If any Grantor fails to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorssuch Grantor under Section 15(b) to the fullest extent permitted by applicable law.
Appears in 2 contracts
Samples: Security Agreement (Bec Group Inc), Bolle Credit Agreement (Bolle Inc)
Agent May Perform. If any Grantor fails to perform any agreement contained herein, Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Agent incurred in connection therewith shall be payable, jointly and severally, payable by GrantorsGrantor under Section 17.
Appears in 2 contracts
Samples: Company Security Agreement (James Cable Finance Corp), Guarantor Security Agreement (James Cable Finance Corp)
Agent May Perform. If Subject to the Financing Order, if any Grantor fails to perform any agreement contained herein, Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Agent incurred in connection therewith shall be payable, jointly and severally, by Grantors.
Appears in 2 contracts
Samples: Guaranty and Security Agreement (School Specialty Inc), Patent Security Agreement (School Specialty Inc)
Agent May Perform. If any Grantor fails to perform any agreement contained hereinherein within the time period allowed therefor, Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Agent incurred in connection therewith shall be payable, jointly and severally, by Grantors.
Appears in 2 contracts
Samples: Security Agreement (Realpage Inc), Patent Security Agreement (Hawaiian Holdings Inc)
Agent May Perform. If any Grantor fails to perform any agreement contained herein, Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Agent incurred in connection therewith shall be payable, jointly and severally, payable by GrantorsGrantor under Section 15(b).
Appears in 2 contracts
Samples: Assets Security Agreement (Benedek License Corp), Accounts Receivable Security Agreement (Benedek License Corp)
Agent May Perform. If any Grantor fails to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent or the Lenders incurred in connection therewith shall be payable, jointly and severally, payable by Grantorsthe Grantors upon demand.
Appears in 2 contracts
Samples: Credit Agreement (Asbury Automotive Group Inc), Security Agreement (Asbury Automotive Group Inc)
Agent May Perform. If any Grantor fails to perform any agreement contained herein, Agent may may, following the occurrence and during the continuation of an Event of Default, itself perform, or cause performance of, such agreement, and the reasonable expenses of Agent incurred in connection therewith shall be payable, jointly and severally, payable by GrantorsGrantor.
Appears in 2 contracts
Samples: Security Agreement (Bakers Footwear Group Inc), Security Agreement (Bakers Footwear Group Inc)
Agent May Perform. If any Grantor fails to perform any agreement contained herein, Agent may itself perform, or cause performance of, such agreementagreement (after giving effect to any applicable grace period), and the reasonable expenses of Agent incurred in connection therewith shall be payable, jointly and severally, by Grantors.
Appears in 2 contracts
Samples: Trademark Security Agreement (Jack Cooper Logistics, LLC), Trademark Security Agreement (Jack Cooper Logistics, LLC)
Agent May Perform. If any the Grantor fails to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorsthe Grantor under Section 13(b).
Appears in 2 contracts
Samples: Credit Agreement (Detroit Edison Co), Pledge Agreement (BGLS Inc)
Agent May Perform. If any Grantor fails to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorsthe Grantors under Section 16(b).
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Alliance Entertainment Corp), Security and Pledge Agreement (Paragon Trade Brands Inc)
Agent May Perform. If any Grantor fails to perform any agreement contained herein, Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Agent incurred in connection therewith shall be payable, jointly and severally, by GrantorsGrantors promptly upon demand.
Appears in 2 contracts
Samples: Stac Security Agreement (Relationserve Media Inc), Guarantor Security Agreement (Relationserve Media Inc)
Agent May Perform. If any Grantor fails to perform any agreement contained herein, Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Agent incurred in connection therewith shall be payable, jointly and severally, by the Grantors.
Appears in 2 contracts
Samples: Security Agreement (Exide Technologies), Security Agreement (Exide Technologies)
Agent May Perform. If any Grantor fails to perform any ----------------- agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorsthe Grantors under Section 17(b) hereof.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Icg Holdings Inc), Security and Pledge Agreement (Icg Holdings Inc)
Agent May Perform. If any Grantor fails to perform any agreement contained herein, Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Agent incurred in connection therewith shall be payable, jointly and severally, as to 100% of the obligations by each of the Grantors.
Appears in 2 contracts
Samples: Intellectual Property Security Agreement (API Technologies Corp.), Intellectual Property Security Agreement (API Technologies Corp.)
Agent May Perform. If any Grantor fails to perform any agreement contained herein, Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Agent or the Lenders incurred in connection therewith shall be payable, jointly and severally, payable by Grantorsthe Grantors under Section 14(b).
Appears in 2 contracts
Samples: Security Agreement (Sonic Automotive Inc), Security Agreement (Sonic Automotive Inc)
Agent May Perform. If any Grantor fails to perform any agreement contained hereinherein upon Agent’s written demand, Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Agent incurred in connection therewith shall be payable, jointly and severally, by Grantors.
Appears in 2 contracts
Samples: Patent Security Agreement (Inventure Foods, Inc.), Patent Security Agreement (Inventure Foods, Inc.)
Agent May Perform. If any Grantor fails to perform any agreement contained hereinherein and an Event of Default exists and is continuing, Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Agent incurred in connection therewith shall be payable, jointly and severally, by GrantorsGrantor.
Appears in 2 contracts
Samples: Patent Security Agreement (Heron Therapeutics, Inc. /De/), Patent Security Agreement (Ap Pharma Inc /De/)
Agent May Perform. If any a Grantor fails to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorsthe relevant Grantor pursuant to Section 6.2.
Appears in 2 contracts
Samples: Pledge Agreement (Novamed Inc), Pledge Agreement (Novamed Inc)
Agent May Perform. If any the Grantor fails to perform any agreement contained herein, Agent the Agent, after giving prior notice to the Grantor, may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorsthe Grantor to the Agent upon demand by the Agent.
Appears in 2 contracts
Samples: Guarantor Security and Pledge Agreement (National Record Mart Inc /De/), Issuer Security and Pledge Agreement (National Record Mart Inc /De/)
Agent May Perform. If any Grantor fails to perform any agreement contained hereinherein resulting in an Event of Default, subject to the terms of the First Lien Intercreditor Agreement, Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Agent incurred in connection therewith shall be payable, jointly and severally, by Grantors.
Appears in 2 contracts
Samples: Patent Security Agreement, Security Agreement (OCI Partners LP)
Agent May Perform. If any the Grantor fails to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorsthe Grantor under Section 13.
Appears in 1 contract
Samples: Participation Agreement (Consolidated Freightways Corp)
Agent May Perform. If any Grantor fails to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorssuch Grantor pursuant to Section 6.2.
Appears in 1 contract
Agent May Perform. If any Grantor fails to perform any agreement contained herein, then Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payablepayable by Grantor under Section 14(b), jointly and severally, by Grantorsbelow.
Appears in 1 contract
Samples: Security Agreement (American Finance Group Inc /De/)
Agent May Perform. If any Grantor fails to perform any ----------------- agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith (as to which invoices have been furnished) shall be payable, jointly and severally, payable by Grantorsthe Grantors under Section 16(b).
Appears in 1 contract
Samples: Security and Pledge Agreement (Mariner Post Acute Network Inc)
Agent May Perform. If any Grantor fails to perform any agreement contained herein, the Agent may itself itself, but shall not be required to, perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith (including attorneys’ fees and expenses) shall be payable, jointly payable by Grantor and severally, by Grantorsany such expenses shall constitute part of Grantor’s Secured Obligations under the Notes.
Appears in 1 contract
Samples: Security Agreement (Iaso Pharma Inc)
Agent May Perform. If any Grantor fails to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by the Grantors.
Appears in 1 contract
Agent May Perform. If any Grantor fails to perform any agreement contained herein, Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Agent incurred in connection therewith shall be payable, jointly and severally, by GrantorsGrantors in accordance with the terms of the Financing Agreement.
Appears in 1 contract
Agent May Perform. If any a Grantor fails to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, agreement and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorsthe Grantors under Section 6.2.
Appears in 1 contract
Agent May Perform. If any the Grantor fails to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorsthe Grantor under Section 13(b) hereof.
Appears in 1 contract
Agent May Perform. If any Grantor fails to perform any agreement contained herein, Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Agent or the Lenders incurred in connection therewith shall be payable, jointly and severally, payable by Grantorsthe Grantors under Section 14(B).
Appears in 1 contract
Agent May Perform. If Upon and during the continuance of an ----------------- Event of Default, if any Grantor fails to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorsthe Grantors under Section 21(b).
Appears in 1 contract
Samples: Security Agreement (Commercial Aggregates Transportation & Sales LLC)
Agent May Perform. If Upon and during the continuance of an ----------------- Event of Default, if any Grantor fails to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorssuch Grantor under Section 11(b).
Appears in 1 contract
Samples: Intellectual Property Security Agreement (Commercial Aggregates Transportation & Sales LLC)
Agent May Perform. If any Grantor fails to perform any agreement contained herein, Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Agent incurred in connection therewith shall be payable, jointly and severally, payable by GrantorsGrantor.
Appears in 1 contract
Samples: Securities Purchase Agreement (RXi Pharmaceuticals Corp)
Agent May Perform. If any Grantor fails to perform any ----------------- agreement contained herein, the Agent may itself upon notice to such Grantor perform, or cause the performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorssuch Grantor under Section 21(b).
Appears in 1 contract
Samples: Security Agreement (Iron Age Corp)
Agent May Perform. If any the Grantor fails ----------------- to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorsthe Grantor to the Agent upon demand by the Agent.
Appears in 1 contract
Samples: Parent Guarantor (American Eco Corp)
Agent May Perform. If any Grantor fails to perform any ----------------- agreement contained herein, Agent the Agent, after giving prior notice to such Grantor, may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorsthe applicable Grantor to the Agent upon demand by the Agent.
Appears in 1 contract
Samples: Security and Pledge Agreement (Western Micro Technology Inc /De)
Agent May Perform. If any Grantor fails to perform any agreement contained herein, Agent may shall have the right, but shall not be obligated, to itself perform, or cause performance of, such agreement, and the reasonable expenses of Agent incurred in connection therewith shall be payable, jointly and severally, by Grantors.
Appears in 1 contract
Agent May Perform. (a) If any Grantor fails to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorssuch Grantor under Section 14(b) hereof to the fullest extent permitted by applicable law.
Appears in 1 contract
Agent May Perform. If any Grantor fails to perform any agreement contained herein, Agent may (but shall not be obligated to) itself perform, or cause performance of, such agreement, and the reasonable expenses of Agent incurred in connection therewith shall be payable, jointly and severally, by GrantorsGrantors in accordance with the terms of the Indenture.
Appears in 1 contract
Samples: Patent Security Agreement (Independence Contract Drilling, Inc.)
Agent May Perform. If any Grantor fails to perform any agreement contained herein, Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Agent incurred in connection therewith shall be payable, jointly and severally, payable by GrantorsGrantor under Section 12(b).
Appears in 1 contract
Samples: Acquired Assets Security Agreement (Benedek License Corp)
Agent May Perform. If any the Grantor fails to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable out-of-pocket expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorsthe Grantor under Section 10.
Appears in 1 contract
Samples: Entire Agreement (Summit Design Inc)
Agent May Perform. If any the Grantor fails to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorsthe Grantor under Section 17(b).
Appears in 1 contract
Samples: Security and Pledge Agreement (Payless Cashways Inc)
Agent May Perform. If any Grantor fails to perform any agreement contained herein, Agent may may, subject to applicable law, itself perform, or cause performance of, such agreement, and the reasonable expenses of Agent incurred in connection therewith shall be payable, jointly and severally, by Grantors.
Appears in 1 contract
Samples: Security Agreement (THQ Inc)
Agent May Perform. (a) If any Grantor fails to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorssuch Grantor under Section 14(b) hereof to the fullest extent permitted ------------- by applicable law.
Appears in 1 contract
Agent May Perform. If any the Grantor fails to perform any agreement contained hereinherein (and such failure continues beyond any applicable grace period or opportunity to cure), the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorsthe Grantor under Section 15(b) hereof.
Appears in 1 contract
Samples: Security Agreement (Billing Information Concepts Corp)
Agent May Perform. If any Grantor fails to perform any agreement contained herein, Agent may may, but shall not be obligated to, itself perform, or cause performance of, such agreement, and the reasonable expenses of Agent incurred in connection therewith shall be payable, jointly and severally, by Grantors.
Appears in 1 contract
Samples: Security and Pledge Agreement (Horizon Lines, Inc.)
Agent May Perform. If any Grantor fails to perform any agreement contained herein, Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Agent incurred in connection therewith shall be payable, jointly and severally, by Grantors.
Appears in 1 contract
Samples: Security Agreement (Progressive Gaming International Corp)
Agent May Perform. If any Grantor fails to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable invoiced out-of-pocket expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, by the Grantors.
Appears in 1 contract
Samples: Credit Agreement (Chiquita Brands International Inc)
Agent May Perform. (a) If any Grantor fails to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorssuch Grantor under Section 12(b) hereof to the fullest extent permitted by applicable law.
Appears in 1 contract
Samples: Intellectual Property Security Agreement (Headway Corporate Resources Inc)
Agent May Perform. If any Grantor fails to perform any agreement contained herein, the Agent may may, but without any obligation to do so and without notice, itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorssuch Grantor under Section 19.
Appears in 1 contract
Samples: Intellectual Property Security Agreement (TLC Vision Corp)
Agent May Perform. If any Grantor fails to perform any ----------------- agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith (as to which invoices have been furnished) shall be payable, jointly and severally, payable by Grantorsany of the Grantors under Section 16(b).
Appears in 1 contract
Agent May Perform. If any Grantor fails to perform any agreement contained herein, the Agent may may, but without any obligation to do so and without notice, itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorssuch Grantor under Section 20.
Appears in 1 contract
Samples: Intellectual Property Security Agreement (TLC Vision Corp)
Agent May Perform. (a) If any Grantor fails to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorssuch Grantor under Section 10(b).
Appears in 1 contract
Samples: Patent and Trademark Security Agreement (Telxon Corp)
Agent May Perform. If any Grantor fails to perform any agreement contained herein, Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Agent incurred in connection therewith shall be payablepayable by Grantor, jointly and severally, by GrantorsAgent shall endeavor to provide notice to Grantor of such performance.
Appears in 1 contract
Agent May Perform. If any Grantor fails to perform any agreement contained hereinherein and an Event of Default exists, the Agent may may, but without any obligation to do so and without notice, itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorssuch Grantor under Section 22.
Appears in 1 contract
Agent May Perform. If any Grantor fails to perform any agreement contained herein, each Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of such Agent incurred in connection therewith shall be payable, jointly and severally, by Grantors.
Appears in 1 contract
Samples: Patent Security Agreement (Nuverra Environmental Solutions, Inc.)
Agent May Perform. If any the Grantor fails to perform any agreement contained herein, the Agent may but without any obligation to do so and without notice, itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorsthe Grantor under Section 12.
Appears in 1 contract
Agent May Perform. If any Grantor fails to perform any agreement contained herein, Agent may itself perform (but shall not be obligated to perform), or cause performance of, such agreement, and the reasonable expenses of Agent incurred in connection therewith shall be payable, jointly and severally, by Grantors.
Appears in 1 contract
Samples: Patent Security Agreement (Nuverra Environmental Solutions, Inc.)
Agent May Perform. If any the Grantor fails to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorsthe Grantor.
Appears in 1 contract
Agent May Perform. If any Grantor fails to perform any agreement contained herein, Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Agent incurred in connection therewith shall be payable, jointly and severally, payable by GrantorsGrantor.
Appears in 1 contract
Samples: Security Agreement (Progressive Gaming International Corp)
Agent May Perform. If any Grantor fails of the Grantors fail to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorsthe applicable Grantor pursuant to SECTION 6.2.
Appears in 1 contract
Agent May Perform. If any the Grantor fails to perform any ----------------- agreement contained herein, Agent the Agent, after giving prior notice to the Grantor, may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorsthe Grantor to the Agent upon demand by the Agent.
Appears in 1 contract
Samples: Issuer Security and Pledge Agreement (Western Micro Technology Inc /De)
Agent May Perform. If any Grantor fails to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorssuch Grantor pursuant to SECTION 6.2.
Appears in 1 contract
Agent May Perform. If any Grantor fails to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorsthe Grantors under Section 18.
Appears in 1 contract
Samples: Security and Pledge Agreement (Us Office Products Co)
Agent May Perform. If any Grantor fails to perform any agreement contained herein, Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Agent incurred in connection therewith shall be payable, jointly and severally, payable by GrantorsGrantor pursuant to Section 6.2. SECTION 5.3.
Appears in 1 contract
Agent May Perform. If any Grantor fails to perform any agreement contained herein, Agent may itself perform, or cause performance of, such agreement, and the reasonable and documented expenses of Agent incurred in connection therewith shall be payable, jointly and severally, by GrantorsGrantors in accordance with the terms of the Credit Agreement.
Appears in 1 contract
Agent May Perform. If any Grantor fails of the Grantors fail to perform any ----------------- agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantors.the applicable Grantor pursuant to Section 6.2. -----------
Appears in 1 contract
Samples: Security Agreement (Aristotle Corp)
Agent May Perform. If any Grantor fails to perform any agreement contained hereinherein within the time period, if any, provided hereunder, Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Agent incurred in connection therewith shall constitute Secured Obligations and be payable, jointly and severally, by Grantors.
Appears in 1 contract
Samples: Patent Security Agreement (Stream Global Services, Inc.)
Agent May Perform. If any the Grantor fails to perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorsthe Grantor under Section 18.
Appears in 1 contract
Agent May Perform. If any Grantor fails to perform any agreement contained herein, Agent may may, but shall not be obligated to, itself perform, or cause performance of, such agreementagreement after reasonable prior notice to the Grantors, and the reasonable expenses of Agent incurred in connection therewith shall be payable, jointly and severally, by Grantors.
Appears in 1 contract
Samples: Security Agreement (Platinum Energy Solutions, Inc.)
Agent May Perform. If any Grantor fails to perform any agreement contained herein, Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Agent incurred in connection therewith shall be payable, jointly and severally, payable by GrantorsGrantor under Section 16(b).
Appears in 1 contract
Agent May Perform. If any the Grantor fails to ----------------- perform any agreement contained herein, the Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable, jointly and severally, payable by Grantorsthe Grantor to the Agent upon demand by the Agent.
Appears in 1 contract
Agent May Perform. If any Grantor fails to perform any agreement contained herein, Agent may itself perform, or cause performance of, such agreement, and the reasonable out-of-pocket expenses of Agent incurred in connection therewith shall be payable, jointly and severally, by GrantorsGrantors in accordance with the terms of the Credit Agreement.
Appears in 1 contract
Samples: Patent Security Agreement (Salem Media Group, Inc. /De/)