Common use of Lender Expenses Clause in Contracts

Lender Expenses. If Borrower fails to pay any moneys (whether taxes, assessments, insurance premiums or otherwise) due to third persons or entities, fails to make any deposits or furnish any required proof of payment or deposit or fails to discharge any Lien not permitted hereby, all as required under the terms of this Agreement, then Lender may, to the extent that it determines that such failure by Borrower could have a material adverse effect on Lender's interest in the Collateral, in its discretion and without prior notice to Borrower, make payment of the same or any part thereof; provided, however, Lender shall make a reasonable attempt to make a prior notification of Borrower if a delay in making such payment would not have a material advise impact on Lender's interest in the Collateral. Any amounts paid or deposited by Lender constitute Lender Expenses, become part of the Obligations, bear interest at the rate of eighteen percent (18%) per annum, and are secured by the Collateral. Any payments made by Lender do not constitute (a) an agreement by Lender to make similar payments in the future or (b) a waiver by Lender of any Event of Default under this Agreement. Lender need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance or Lien, and the receipt of the usual official notice for the payment of moneys to a governmental entity is conclusive evidence that the same was validly due and owing. Borrower shall immediately and without demand reimburse Lender for all sums expended by Lender that constitute Lender Expenses, and Borrower hereby authorizes and approves all advances and payments by Lender for items constituting Lender Expenses.

Appears in 6 contracts

Samples: Loan and Security Agreement (Physician Health Corp), Loan and Security Agreement (Physician Health Corp), Loan and Security Agreement (Physician Health Corp)

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Lender Expenses. If Borrower or Guarantor fails to pay any moneys (whether taxes, assessments, insurance premiums or otherwise) due to third persons or entities, fails to make any deposits or furnish any required proof of payment or deposit or fails to discharge any Lien not permitted hereby, all as required under the terms of this Agreement, then Lender may, to the extent that it determines that such failure by Borrower or Guarantor could have a material adverse effect on Lender's interest in the Collateral, in its discretion and without prior notice to BorrowerBorrower or Guarantor, make payment of the same or any part thereof; provided, however, Lender shall make a reasonable attempt to make a prior notification of Borrower or Guarantor if a delay in making such payment would not have a material advise impact on Lender's interest in the Collateral. Any amounts paid or deposited by Lender constitute Lender Expenses, become part of the Obligations, bear interest at the rate of eighteen percent (18%) per annum, and are secured by the Collateral. Any payments made by Lender do not constitute (a) an agreement by Lender to make similar payments in the future or (b) a waiver by Lender of any Event of Default under this Agreement. Lender need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance or Lien, and the receipt of the usual official notice for the payment of moneys to a governmental entity is conclusive evidence that the same was validly due and owing. Borrower shall immediately and without demand reimburse Lender for all sums expended by Lender that constitute Lender Expenses, and Borrower hereby authorizes and approves all advances and payments by Lender for items constituting Lender Expenses.

Appears in 1 contract

Samples: Loan and Security Agreement (U S Diagnostic Inc)

Lender Expenses. If any Borrower fails fails, as required by the terms hereof, (a) to pay any moneys (whether taxes, assessments, insurance premiums or otherwise) due to third persons or entities, fails (b) to make any deposits or furnish any required proof of payment or deposit deposit, or fails (c) to discharge any Lien not permitted hereby, all as required under the terms of this Agreement, then Lender may, to the extent that it determines that such failure by such Borrower could have a material adverse effect on Lender's interest interests in the Collateral, in its discretion and without prior notice to such Borrower, make payment of the same or any part thereof; provided, however, Lender shall make a reasonable attempt to make a prior notification of Borrower if a delay in making such payment would not have a material advise impact on Lender's interest in the Collateral. Any amounts paid or deposited by Lender shall constitute Lender Expenses, shall become part of the Obligations, shall bear interest at the rate of eighteen percent (18%) per annum, and are shall be secured by the Collateral. Any payments made by Lender do shall not constitute (ai) an agreement by Lender to make similar payments in the future future, or (bii) a waiver by Lender of any Event of Default under this Agreement. Lender need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance or Lien, Lien and the receipt of the usual official notice for the payment of moneys to a governmental entity is shall be conclusive evidence that the same was validly due and owing. Each Borrower shall immediately and without demand reimburse Lender for all sums expended by Lender that constitute Lender Expenses, and Borrower hereby authorizes and approves all advances and payments by Lender for items constituting Lender Expenses.

Appears in 1 contract

Samples: Loan and Security Agreement (Occupational Health & Rehabilitation Inc)

Lender Expenses. If Borrower fails to pay any moneys (whether taxes, assessments, insurance premiums or otherwise) due to third persons or entities, fails to make any deposits or furnish any required proof of payment or deposit or fails to discharge any Lien not permitted hereby, all as required under the terms of this Agreement, then Lender may, to the extent that it determines that such failure by Borrower could have a material adverse effect on Lender's interest in the Collateral, in its discretion and without prior notice to Borrower, make payment of the same or any part thereof; provided, however, Lender shall make a reasonable attempt to make a prior notification of Borrower if a delay in making such payment would not have a material advise impact on Lender's interest in the Collateral. Any amounts paid or deposited by Lender constitute Lender ExpensesAdvances, become part of the Obligations, bear interest at the rate of eighteen percent (18%) per annum, and are secured by the Collateral. Any payments made by Lender do not constitute (a) an agreement by Lender to make similar payments in the future or (b) a waiver by Lender of any Event of Default under this Agreement. Lender need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance or Lien, and the receipt of the usual official notice for the payment of moneys to a governmental entity is conclusive evidence that the same was validly due and owing. Borrower shall immediately and without demand reimburse Lender for all sums expended by Lender that constitute Lender Expenses, and Borrower hereby authorizes and approves all advances and payments by Lender for items constituting Lender Expenses.

Appears in 1 contract

Samples: Loan and Security Agreement (U S Diagnostic Inc)

Lender Expenses. If Borrower fails fails, as required by the terms hereof, (i) to pay any moneys (whether taxes, assessments, insurance premiums or otherwise) due to third persons or entities, fails (ii) to make any deposits or furnish any required proof of payment or deposit or fails (iii) to discharge any Lien not permitted hereby, all as required under the terms of this Agreement, then Lender may, to the extent that it determines that such failure by Borrower could have a material adverse effect on Lender's interest interests in the Collateral, in its discretion and without prior notice to Borrower, make payment of the same or any part thereof; provided, however, Lender shall make a reasonable attempt to make a prior notification of Borrower if a delay in making such payment would not have a material advise impact on Lender's interest in the Collateral. Any amounts paid or deposited by Lender shall constitute Lender Expenses, shall become part of the Obligations, shall bear interest at the rate of eighteen percent (18%) per annum, and are shall be secured by the Collateral. Any payments made by Lender do shall not constitute (a) an agreement by Lender to make similar payments in the future or (b) a waiver by Lender of any Event of Default under this Agreement. Lender need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance or Lien, Lien and the receipt of the usual official notice for the payment of moneys to a governmental entity is shall be conclusive evidence that the same was validly due and owing. Borrower shall immediately and without demand reimburse Lender for all sums expended by Lender that constitute Lender Expenses, and Borrower hereby authorizes and approves all advances and payments reasonably made by Lender for items constituting Lender Expenses.

Appears in 1 contract

Samples: Loan and Security Agreement (Diametrics Medical Inc)

Lender Expenses. If Borrower fails fails, as required by the terms hereof, (i) to pay any moneys (whether taxes, assessments, insurance premiums or otherwise) due to third persons or entities, fails (ii) to make any deposits or furnish any required proof of payment or deposit or fails (iii) to discharge any Lien not permitted hereby, all as required under the terms of this Agreement, then Lender may, to the extent that it determines that such failure by Borrower could have a material adverse effect on Lender's interest interests in the Collateral, in its discretion and without prior notice to Borrower, make payment of the same or any part thereof; provided, however, Lender shall make a reasonable attempt to make a prior notification of Borrower if a delay in making such payment would not have a material advise impact on Lender's interest in the Collateral. Any amounts paid or deposited by Lender shall constitute Lender Expenses, shall become part of the Obligations, shall bear interest at the rate of eighteen percent (18%) per annum, and are shall be secured by the Collateral. Any payments made by Lender do shall not constitute (a) an agreement by Lender to make similar payments in the future or (b) a waiver by Lender of any Event of Default under this Agreement. Lender need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance or Lien, Lien and the receipt of the usual official notice for the payment of moneys to a governmental entity is shall be conclusive evidence that the same was validly due and owing. owing Borrower shall immediately and without demand reimburse Lender for all sums expended by Lender that constitute Lender Expenses, and Borrower hereby authorizes and approves all advances and payments by Lender for items constituting Lender Expenses.

Appears in 1 contract

Samples: Loan and Security Agreement (Clixhealth Com Inc)

Lender Expenses. If Borrower or an Affiliate fails to pay any moneys (whether taxes, assessments, insurance premiums or otherwise) due to third persons or entities, fails to make any deposits or furnish any required proof of payment or deposit or fails to discharge any Lien not permitted hereby, all as required under the terms of this Agreement, then Lender may, to the extent that it determines that such failure by Borrower or its Affiliates could have a material adverse effect on Lender's interest interests in the Collateral, in its discretion and without prior notice to Borrower, make payment of the same or any part thereof; provided, however, Lender shall make a reasonable attempt to make a prior notification of Borrower if a delay in making such payment would not have a material advise impact on Lender's interest in the Collateral. Any amounts paid or deposited by Lender shall constitute Lender Expenses, shall become part of the Obligations, shall bear interest at the rate of eighteen percent (18%) per annum, and are shall be secured by the Collateral. Any payments made by Lender do shall not constitute (a) an agreement by Lender to make similar payments in the future or (b) a waiver by Lender of any Event of Default under this Agreement. Lender need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance or Lien, and the receipt of the usual official notice for the payment of moneys to a governmental entity is shall be conclusive evidence that the same was validly due and owing. Borrower shall immediately and without demand reimburse Lender for all sums expended by Lender that constitute Lender Expenses, and Borrower hereby authorizes and approves all advances and payments by Lender for items constituting Lender Expenses.

Appears in 1 contract

Samples: Loan and Security Agreement (American Shared Hospital Services)

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Lender Expenses. If Borrower fails fails, as required by the terms hereof, (i) to pay any moneys (whether taxes, assessments, insurance premiums or otherwise) due to third persons or entities, fails (ii) to make any deposits or furnish any required proof of payment or deposit or fails (iii) to discharge any Lien not permitted hereby, all as required under the terms of this Agreement, then Lender may, to the extent that it determines that such failure by Borrower could have a material adverse effect on Lender's interest interests in the Collateral, in its discretion and without prior notice to Borrower, make payment of the same or any part thereof; provided, however, Lender shall make a reasonable attempt to make a prior notification of Borrower if a delay in making such payment would not have a material advise impact on Lender's interest in the Collateral. Any amounts paid or deposited by Lender shall constitute Lender Expenses, shall become part of the Obligations, shall bear interest at the rate of eighteen percent (18%) per annum, and are shall be secured by the Collateral. Any payments made by Lender do shall not constitute (a) an agreement by Lender to make similar payments in the future or (b) a waiver by Lender of any Event of Default under this Agreement. Lender need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance or Lien, Lien and the receipt of the usual official notice for the payment of moneys to a governmental entity is shall be conclusive evidence that the same was validly due and owing. Borrower shall immediately and without demand reimburse Lender for all sums expended by Lender that constitute Lender Expenses, and Borrower hereby authorizes and approves all advances and payments by Lender for items constituting Lender Expenses.

Appears in 1 contract

Samples: Loan and Security Agreement (Healthcare Imaging Services Inc)

Lender Expenses. If Borrower fails fails, as required by the terms hereof, (a) to pay any moneys (whether taxes, assessments, insurance premiums or otherwise) due to third persons or entities, fails (b) to make any deposits or furnish any required proof of payment or deposit deposit, or fails (c) to discharge any Lien not permitted hereby, all as required under the terms of this Agreement, then Lender may, to the extent that it determines that such failure by Borrower could have a material adverse effect on Lender's interest interests in the Collateral, in its discretion and without prior notice to Borrower, make payment of the same or any part thereof; provided, however, Lender shall make a reasonable attempt to make a prior notification of Borrower if a delay in making such payment would not have a material advise impact on Lender's interest in the Collateral. Any amounts paid or deposited by Lender shall constitute Lender Expenses, shall become part of the Obligations, shall bear interest at the rate of eighteen percent (18%) per annumannum equal to the Default Interest Rate, and are shall be secured by the Collateral. Any payments made by Lender do shall not constitute (ai) an agreement by Lender to make similar payments in the future future, or (bii) a waiver by Lender of any Event of Default under this Agreement. Lender need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance or Lien, Lien and the receipt of the usual official notice for the payment of moneys to a governmental entity is shall be conclusive evidence that the same was validly due and owing. Borrower shall immediately and without demand reimburse Lender for all sums expended by Lender that constitute Lender Expenses, and Borrower hereby authorizes and approves all advances and payments by Lender for items constituting Lender Expenses.

Appears in 1 contract

Samples: Loan and Security Agreement (Sunlink Health Systems Inc)

Lender Expenses. If Borrower fails to pay any moneys (whether taxes, assessments, insurance premiums or otherwise) due to third persons or entities, fails to make any deposits or furnish any required proof of payment or deposit or fails to discharge any Lien not permitted hereby, all as required under the terms of this Agreement, then Lender may, to the extent that it determines that such failure by Borrower could have a material adverse effect on Lender's interest in the Collateral, in its discretion and without prior notice to Borrower, make payment of the same or any part thereof; provided, however, Lender shall a make a reasonable attempt to make a provide Borrower with prior notification of Borrower notice if a the delay in making caused by providing such payment notice would not have a material advise adverse impact on Lender's interest in the Collateral. Any amounts paid or deposited by Lender constitute Lender ExpensesAdvances, become part of the Obligations, bear interest at the rate of eighteen percent (18%) per annum, annum and are secured by the Collateral. Any payments made by Lender do not constitute (a) an agreement by Lender to make similar payments in the future or (b) a waiver by Lender of any Event of Default under this Agreement. Lender need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance or Lien, and the receipt of the usual official notice for the payment of moneys to a governmental entity is conclusive evidence that the same was validly due and owing. Borrower shall immediately and without demand reimburse Lender for all sums expended by Lender that constitute Lender Expenses, and Borrower hereby authorizes and approves all advances and payments by Lender for items constituting Lender Expenses.

Appears in 1 contract

Samples: Loan and Security Agreement (Physician Health Corp)

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