Common use of Lender May Perform Clause in Contracts

Lender May Perform. If Borrower fails to perform any agreement contained herein, the Lender may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Lender, including reasonable attorney’s fees and expenses, incurred in connection therewith shall be payable by the Borrower.

Appears in 4 contracts

Sources: Loan and Security Agreement (Kansas City Southern De Mexico, S.A. De C.V.), Loan Agreement (Kansas City Southern De Mexico, S.A. De C.V.), Loan and Security Agreement (Kansas City Southern)

Lender May Perform. If the Borrower fails to perform any agreement contained herein, the Lender may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Lender, including reasonable attorney’s fees and expenses, Agent and/or Lender incurred in connection therewith shall be payable by the Borrower.

Appears in 3 contracts

Sources: Equity Kicker and Registration Rights Agreement (Exyn Technologies, Inc.), Equity Kicker and Registration Rights Agreement (Exyn Technologies, Inc.), Stock Pledge Agreement (Mobix Labs, Inc)

Lender May Perform. If Borrower Debtor fails to perform any agreement contained herein, the Lender may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Lender, including reasonable attorney’s fees and expenses, Lender incurred in connection therewith shall be payable by the BorrowerDebtor on demand.

Appears in 3 contracts

Sources: Security Agreement (Caminus Corp), Security Agreement (Caminus Corp), Security Agreement (Caminus Corp)

Lender May Perform. If Borrower fails to perform any agreement contained herein, the Lender 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 Lender, including reasonable attorney’s fees and expenses, Lender incurred in connection therewith shall be payable by the Borrower.

Appears in 2 contracts

Sources: Security Agreement, Security and Pledge Agreement (Verity Corp.)

Lender May Perform. If the Borrower fails to perform any agreement contained herein, the Lender may may, but without any obligation to do so and without notice, itself perform, or cause performance of, such agreement, if an Event of Default then exists; and the reasonable expenses of the Lender, including reasonable attorney’s fees and expenses, Lender incurred in connection therewith shall be payable by the BorrowerBorrower pursuant to Section 7.10.

Appears in 1 contract

Sources: Facility and Security Agreement (Dynegy Inc.)

Lender May Perform. If Borrower fails to perform any agreement contained herein, the Lender may itself may, without notice to Borrower, perform, or cause performance of, such agreement, and the reasonable expenses expense of the Lender, including reasonable attorney’s fees and expenses, Lender incurred in connection therewith shall be payable by the Borrower.

Appears in 1 contract

Sources: Pledge and Security Agreement (Nord Resources Corp)

Lender May Perform. If Borrower fails to perform any agreement contained herein, the Lender may itself perform, or cause the performance of, such agreement, and the reasonable expenses of the Lender, including reasonable attorney’s fees and expenses, incurred Lender incurs in connection therewith shall be payable by the BorrowerBorrower under Section 13.

Appears in 1 contract

Sources: Loan and Security Agreement (Finet Com Inc)

Lender May Perform. If the Borrower fails to perform any agreement contained hereinherein or in the Mortgage Debenture, the Lender may itself perform, or cause performance the Performance of, such agreement, and the reasonable all expenses of the Lender, including reasonable attorney’s fees and expenses, Lender incurred in connection therewith (including without limitation all reasonable attorneys1 fees, whether or not any litigation is commenced) shall be payable by the BorrowerBorrower upon demand.

Appears in 1 contract

Sources: Loan Agreement (Pricesmart Inc)

Lender May Perform. If the Borrower fails to perform any agreement contained herein, the Lender may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Lender, including reasonable attorney’s fees and expenses, Lender incurred in connection therewith shall be payable by the BorrowerBorrower under Section 7.05.

Appears in 1 contract

Sources: Revolving Credit and Security Agreement (Birch Financail Inc)

Lender May Perform. If the Borrower fails to perform any agreement contained herein, the Lender may itself perform, or cause the performance of, such agreement, and the reasonable expenses of the Lender, including reasonable attorney’s fees and expenses, Lender incurred in connection therewith shall be payable by the BorrowerBorrower under Section 11.01 and/or Section 12.04(a) .

Appears in 1 contract

Sources: Credit and Security Agreement (Morgans Foods Inc)

Lender May Perform. If the Borrower fails to perform any agreement contained herein, the Lender may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Lender, including reasonable attorney’s fees and expenses, Lender incurred in connection therewith shall be payable by the BorrowerBorrower under SECTION 17.

Appears in 1 contract

Sources: Security Agreement (Cidco Inc)

Lender May Perform. If the Borrower fails to perform any agreement contained herein, the Lender may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Lender, including reasonable attorney’s fees and expenses, Lender incurred in connection therewith shall be for the account of and payable by the BorrowerBorrower under Section 12(b).

Appears in 1 contract

Sources: Security Agreement (Robotic Vision Systems Inc)

Lender May Perform. If the Borrower fails to perform any agreement contained herein, the Lender may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Lender, including reasonable attorney’s fees and expenses, Lender incurred in connection therewith shall be payable by the BorrowerBorrower as provided under Section 9 hereof, with interest at the rate provided for in Section 2.8(b) of the Credit Agreement. 7.

Appears in 1 contract

Sources: Credit Agreement (UFood Restaurant Group, Inc.)

Lender May Perform. If Borrower fails to perform any agreement contained herein, the Lender may itself perform, perform or cause performance of, such agreement, and the reasonable expenses of the Lender, including reasonable attorney’s fees and expenses, Lender incurred in connection therewith shall be payable by the BorrowerBorrower under Section 12.

Appears in 1 contract

Sources: Pledge Agreement (Associated Business & Commerce Insurance Corp)

Lender May Perform. If Borrower fails to perform any agreement contained herein, the Lender may itself perform, or cause the performance of, such agreement, and the reasonable expenses of the Lender, including reasonable attorney’s fees and expenses, incurred Lender incurs in connection therewith shall be payable by the BorrowerBorrower under Section 12.

Appears in 1 contract

Sources: Separation Agreement (Sonomawest Holdings Inc)

Lender May Perform. If the Borrower fails to perform any ------------------- agreement contained herein, the Lender may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Lender, including reasonable attorney’s fees and expenses, Lender incurred in connection therewith shall be payable by the BorrowerBorrower under Section 11 of this ---------- Agreement.

Appears in 1 contract

Sources: Assignment of License Agreement (Egx Funds Transfer Inc)

Lender May Perform. If Borrower fails to perform any agreement contained herein, the Lender may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Lender, including reasonable attorney’s fees and expenses, Lender incurred in connection therewith shall be payable by the BorrowerBorrower under Section 13(b) of this Agreement.

Appears in 1 contract

Sources: Pledge Agreement (Viewcast Com Inc)

Lender May Perform. If Borrower fails to perform any agreement contained herein, the Lender may (but is not obligated to) itself perform, or cause performance of, such agreement, and the reasonable expenses of the Lender, including reasonable attorney’s fees and expenses, Lender incurred in connection therewith shall be payable by the Borrower.

Appears in 1 contract

Sources: Security Agreement (Associated Business & Commerce Insurance Corp)

Lender May Perform. If Borrower fails to perform any agreement contained herein, the Lender may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Lender, including reasonable attorney’s fees and expenses, Lender incurred in connection therewith shall be payable by the Borrower.

Appears in 1 contract

Sources: Credit Agreement (Vertex Pharmaceuticals Inc / Ma)