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
Samples: 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 Agreement (Kansas City Southern)
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
Samples: 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
Samples: Security Agreement, Security and Pledge Agreement (Verity Corp.)
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
Samples: 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 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
Samples: 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
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
Samples: 21 Pledge Agreement (Associated Business & Commerce Insurance Corp)
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, so incurred in connection therewith shall be payable by the BorrowerDebtor under Section 13(b).
Appears in 1 contract
Samples: Interim Financing and Security Agreement (Affinity Entertainment 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
Samples: 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 Borrower.
Appears in 1 contract
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
Samples: Loan Agreement (Pricesmart Inc)
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
Samples: Loan and Security Agreement (Sonomawest Holdings Inc)
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
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
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
Samples: 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 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
Samples: 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
Samples: Security Agreement (Associated Business & Commerce Insurance Corp)
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
