Lender Performance. If the Borrower at any time fails to perform or observe any of the foregoing covenants contained in Section 6 or elsewhere herein, and if such failure shall continue for a period of fourteen (14) days after the Lender gives the Borrower written notice thereof (or in the case of the agreements contained in Section 6.1.11 immediately upon the occurrence of such failure, without notice or lapse of time), the Lender may, but need not, perform or observe such covenant on behalf and in the name, place and stead of the Borrower (or, at the Lender's option, in the Lender's name) and may, but need not, take any and all other actions which the Lender may reasonably deem necessary to cure or correct such failure (including the payment of taxes, the satisfaction of security interests, liens or other encumbrances, the performance of obligations owed to account debtors or other obligors, the execution of assignments, security agreements and financing statements, and the endorsement of instruments); and the Borrower shall thereupon pay to the Lender on demand the amount of all monies expended and all costs and expenses (including reasonable attorneys' fees and legal expenses) incurred by the Lender in connection with or as a result of the performance or observance of such agreements or the taking of such action by the Lender, together with interest thereon from the date expended or incurred at the interest rate set forth in Section 7.2.3. To facilitate the Lender's performance or observance of such covenants of the Borrower, the Borrower hereby irrevocably appoints the Lender, or the Lender's delegate, acting alone, as the Borrower's attorney in fact (which appointment is coupled with an interest) with the right (but not the duty) from time to time to create, prepare, complete, execute, deliver, endorse or file in the name and on behalf of the Borrower any and all instruments, documents, assignments, security agreements, financing statements and other agreements and writings required to be obtained, executed, delivered or endorsed by the Borrower hereunder.
Lender Performance. The Collateral Agent and any designee or assignee thereof shall have the right, but not the obligation, to perform any act, duty or obligation required of the Assignor under the Contract or necessary and proper to prevent the termination of the Contract or the suspension of the Counterparty’s performance of any of its obligations thereunder, at any time. In the event the Collateral Agent (or any of its designees or assignees) (in any case acting at the direction of the Administrative Agent) performs such obligations, it shall not have any personal liability to the Counterparty for the performance of the Assignor’s obligations under the Contract, it being understood that the sole recourse of the Counterparty seeking the enforcement of such obligations shall be limited to the Assignor and its assets. Nothing herein shall require the Collateral Agent or any other Secured Party to cure any default of the Assignor under the Contract or to perform under the Contract, but shall only give the Collateral Agent and/or its designees or assignees the option to do so.
Lender Performance. If any Subsidiary Borrower that is not organized under the laws of the United States or any State thereof requests any Loan hereunder, then any Lender may, with notice to the Administrative Agent and the Borrower, fulfill its Commitment with respect to such Loan by causing an Affiliate of such Lender to act as the Lender in respect of such Subsidiary Borrower; provided that the obligations of the Credit Parties under Section 2.8 shall not be increased as a result of the foregoing.
