Common use of Lender's Right to Cure Clause in Contracts

Lender's Right to Cure. If any Borrower should fail to comply with any of its agreements, covenants or obligations under any Credit Paper, then Lender (in such Borrower's name or in Lender's own name) may perform them or cause them to be performed for such Borrower's account and at such Borrower's expense, but shall have no obligation to perform any of them or cause them to be performed. Any and all expenses thus incurred or paid by Lender shall be Borrowers' joint and several obligations to Lender due and payable on demand, or if no demand is sooner made, then they shall be due and payable on, or at Borrowers' election anytime before, four (4) years after the respective dates on which they were incurred, and each shall bear interest from the date Lender pays it until five (5) Business Days after Lender bills Borrower therefor at the Stated Rate and from five (5) Business Days after Lender bills Borrower therefor until the date Borrowers repay it to Lender at the Past Due Rate. Upon making any such payment or incurring any such expense, Lender shall be fully and automatically subrogated to all of the rights of the person, corporation or body politic receiving such payment. Any amounts owing by Borrowers, or any of them, to Lender pursuant to this or any other provision of this Agreement shall be secured by all instruments securing the Note. The amount and nature of any such expense and the time when it was paid shall be fully established by the affidavit of Lender or any of Lender's officers or agents. The exercise of the privileges granted to Lender in this Section shall in no event be considered or constitute a cure of the default or a waiver of Lender's right at any time after an Event of Default to declare the Note to be at once due and payable, but is cumulative of such right and of all other rights given by this Agreement, the Note and the Credit Papers and of all rights given Lender by law.

Appears in 1 contract

Samples: Loan Agreement (American Business Financial Services Inc /De/)

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Lender's Right to Cure. If any Borrower should fail to comply with any of its their agreements, covenants or obligations under any Credit PaperDocument, then Lender (in such Borrower's name or in Lender's own name) may perform them or cause them to be performed for such Borrower's account and at such Borrower's expense, but shall have no obligation to perform any of them or cause them to be performed. Any and all expenses thus incurred or paid by Lender shall be Borrowers' joint and several Borrower's obligations to Lender due and payable on demand, or if no demand is sooner made, then they shall be due and payable on, or at Borrowers' election anytime before, four (4) years after the respective dates on which they were incurred, and each shall bear interest from the date Lender pays it until five (5) Business Days after Lender bills Borrower therefor at the Stated Rate and from five (5) Business Days after Lender bills Borrower therefor until the date Borrowers repay Borrower repays it to Lender Lender, at the Past Due Rate. Upon making any such payment or incurring any such expense, Lender shall be fully and automatically subrogated to all of the rights of the person, corporation or body politic receiving such payment. Any amounts owing by Borrowers, or any of them, Borrower to Lender pursuant to this or any other provision of this Agreement paragraph shall be secured by all instruments securing any of the NoteNotes. The amount and nature of any such expense and the time when it was paid shall be fully established by the affidavit of Lender or any of Lender's officers or agents. The exercise of the privileges granted to Lender in this Section Paragraph shall in no event be considered or constitute a cure of the default or a waiver of Lender's right at any time after an Event of Default to declare the Note Notes to be at once due and payable, but is cumulative of such right and of all other rights given by this Agreement, the Note Notes and the Credit Papers Documents and of all rights given Lender by law.

Appears in 1 contract

Samples: Loan Agreement (Maxserv Inc)

Lender's Right to Cure. If any Borrower should fail to comply with any of its their agreements, covenants or obligations under any Credit PaperDocument, then Lender (in such Borrower's name or in Lender's own name) may perform them or cause them to be performed for such Borrower's account and at such Borrower's expense, but shall have no obligation to perform any of them or cause them to be performed. Any and all expenses thus incurred or paid by Lender shall be Borrowers' joint and several Borrower's obligations to Lender due and payable on demand, or if no demand is sooner made, then they shall be due and payable on, or at Borrowers' election anytime before, four (4) years after the respective dates on which they were incurred, and each shall bear interest from the date Lender pays it until five (5) Business Days after Lender bills Borrower therefor at the Stated Rate and from five (5) Business Days after Lender bills Borrower therefor until the date Borrowers repay Borrower repays it to Lender Lender, at the Past Due Rate. Upon making any such payment or incurring any such expense, Lender shall be fully and automatically subrogated to all of the rights of the person, corporation or body politic receiving such payment. Any amounts owing by Borrowers, or any of them, Borrower to Lender pursuant to this or any other provision of this Agreement shall be secured by all instruments securing the NoteNotes. The amount and nature of any such expense and the time when it was paid shall be fully established by the affidavit of Lender or any of Lender's officers or agents. The exercise of the privileges granted to Lender in this Section Paragraph shall in no event be considered or constitute a cure of the default or a waiver of Lender's right at any time after an Event of Default to declare the Note Notes to be at once due and payable, but is cumulative of such right and of all other rights given by this Agreement, the Note Notes and the Credit Papers Documents and of all rights given Lender by law.

Appears in 1 contract

Samples: Loan Agreement (Surrey Inc)

Lender's Right to Cure. If Borrower or any Borrower other Obligor should fail to comply with any of its agreements, covenants or obligations under any Credit PaperDocument, then after reasonable notice thereof to Borrower, Lender (in the name of Borrower or such Borrower's name other applicable Obligor or in Lender's own name) may perform them or cause them to be performed for such Borrower's account and at such Borrower's expense, but shall have no obligation to perform any of them or cause them to be performed. Any and all expenses thus incurred or paid by Lender shall be Borrowers' joint and several Borrower's obligations to Lender due and payable on demand, or if no demand is sooner made, then they shall be due and payable on, or at Borrowers' election anytime before, four (4) years after the respective dates on which they were incurred, and each shall bear interest from the date Lender pays it until five (5) Business Days after Lender bills Borrower therefor at the Stated Rate and from five (5) Business Days after Lender bills Borrower therefor until the date Borrowers repay Borrower repays it to Lender at the Past Due Default Rate. Upon making any such payment or incurring any such expense, Lender shall be fully and automatically subrogated to all of the rights of the person, corporation or body politic receiving such payment. Any amounts owing by Borrowers, or any of them, Borrower to Lender pursuant to this or any other provision of this Agreement shall be secured by all instruments securing the NoteSecurity Dcouments. The amount and nature of any such expense and the time when it was paid shall be fully established by the affidavit of Lender or any of Lender's officers or agents. The exercise of the privileges granted to Lender in this Section shall in no event be considered or constitute a cure of the default or a waiver of Lender's right at any time after an Event of Default that is then continuing to declare the Note to be at once due and payable, but is cumulative of such right and of all other rights given by this Agreement, the Note and the Credit Papers Documents and of all rights given Lender by law.

Appears in 1 contract

Samples: Credit Agreement (Natural Gas Services Group Inc)

Lender's Right to Cure. If any Borrower should fail to comply with any of its agreements, covenants or obligations under any Credit PaperDocument, then Agent or any Lender (in such Borrower's name or in Lender's its own name) may (but shall have no obligation to) perform them or cause them to be performed for such Borrower's account and at such Borrower's expense, but shall have no obligation to perform any of them or cause them to be performed. Any and all expenses thus incurred or paid by Agent or such Lender shall be Borrowers' joint and several Borrower's obligations to Lender such Person due and payable on demand, or if no demand is sooner made, then they shall be due and payable on, on or at Borrowers' election anytime before, before four (4) years after the respective dates on which they were incurred, and each shall bear interest from the date Lender such Person pays it until five (5) Business Days after Lender bills Borrower therefor at the Stated Rate and from five (5) Business Days after Lender bills Borrower therefor until the date Borrowers repay Borrower repays it to Lender such Person, at the Past Due Rate. Upon making any such payment or incurring any such expense, Lender such Person shall be fully and automatically subrogated to all of the rights of the person, corporation or body politic Person receiving such payment. Any amounts owing by Borrowers, or any of them, to Lender pursuant to this or any other provision of this Agreement shall be secured by all instruments securing the Note. The amount and nature of any such expense and the time when it was paid shall be fully established by the affidavit of Agent or the applicable Lender or any of Lendersuch Person's officers or agents. The exercise of the privileges granted to Lender Agent and Lenders in this Section shall in no event be considered or constitute a cure of the default or a waiver of Agent's or any Lender's right at any time after an Event of Default to declare the Note Notes to be at once due and payable, but is cumulative of such right and of all other rights given by this Agreement, the Note Notes and the Credit Papers Documents and of all rights given Lender Agent and Lenders by lawlaw or in equity.

Appears in 1 contract

Samples: Loan Agreement (Stewart & Stevenson Services Inc)

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Lender's Right to Cure. If any Borrower Obligors should fail to comply with any of its their agreements, covenants or obligations under any Credit PaperDocument, then Lender (in such Borrowerthe applicable Obligor's name or in Lender's own name) may perform them or cause them to be performed for such Borrower's account and at such Borrower's expense, but shall have no obligation to perform any of them or cause them to be performed. Any and all expenses thus incurred or paid by Lender shall be Borrowers' joint and several Borrower's obligations to Lender due and payable on demand, or if no demand is sooner made, then they shall be due and payable on, on or at Borrowers' election anytime before, before four (4) years after the respective dates on which they were incurred, and each shall bear interest from the date Lender pays it until five (5) Business Days after Lender bills Borrower therefor at the Stated Rate and from five (5) Business Days after Lender bills Borrower therefor until the date Borrowers repay Borrower repays it to Lender Lender, at the Past Due Rate. Upon making any such payment or incurring any such expense, Lender shall be fully and automatically subrogated to all of the rights of the person, corporation or body politic receiving such payment. Any amounts owing by Borrowers, or any of them, Borrower to Lender pursuant to this or any other provision of this Agreement shall be secured by all instruments securing the Note. The amount and nature of any such expense and the time when it was paid shall be fully established by the affidavit of Lender or any of Lender's officers or agents. The exercise of the privileges granted to Lender in this Section Paragraph shall in no event be considered or constitute a cure of the default or a waiver of Lender's right at any time after an Event of Default to declare the Note to be at once due and payable, but is cumulative of such right and of all other rights given by this Agreement, the Note and the Credit Papers Documents and of all rights given Lender by law.

Appears in 1 contract

Samples: Loan Agreement (Evans Systems Inc)

Lender's Right to Cure. If Borrower or any Borrower of its Subsidiaries should fail to comply with any of its material agreements, covenants or obligations under any Credit PaperDocument, then Lender (in such Borrower's the name of Borrower or its applicable Subsidiary or in Lender's ’s own name) may perform them or cause them to be performed for such Borrower's ’s account and at such Borrower's ’s expense, but shall have no obligation to perform any of them or cause them to be performed. Any and all reasonable expenses thus incurred or paid by Lender shall be Borrowers' joint and several Borrower’s obligations to Lender due and payable on demand, or if no demand is sooner made, then they shall be due and payable on, or at Borrowers' election anytime before, four (4) years after the respective dates on which they were incurred, and each shall bear interest from the date Lender pays it until five (5) Business Days after Lender bills Borrower therefor at the Stated Rate and from five (5) Business Days after Lender bills Borrower therefor until the date Borrowers repay Borrower repays it to Lender at the Past Due Default Rate. Upon making any such payment or incurring any such expense, Lender shall be fully and automatically subrogated to all of the rights of the person, corporation or body politic receiving such payment. Any amounts owing by Borrowers, or any of them, Borrower to Lender pursuant to this or any other provision of this Agreement shall be secured by all instruments securing the Note. The amount and nature of any such expense and the time when it was paid shall be fully established by the affidavit of Lender or any of Lender's ’s officers or agents. The exercise of the privileges granted to Lender in this Section shall in no event be considered or constitute a cure of the default or a waiver of Lender's ’s right at any time after an Event of Default that is then continuing to declare the Note to be at once due and payable, but is cumulative of such right and of all other rights given by this Agreement, the Note and the Credit Papers Documents and of all rights given Lender by law.

Appears in 1 contract

Samples: Credit Agreement (Luminex Corp)

Lender's Right to Cure. If any Borrower Obligor should fail to comply with any of its agreements, covenants or obligations under any Credit PaperDocument, then Lender (in such Borrower's the applicable Obligor’s name or in Lender's ’s own name) may perform them or cause them to be performed for such Borrower's ’s account and at such Borrower's ’s expense, but shall have no obligation to perform any of them or cause them to be performed. Any and all expenses thus incurred or paid by Lender shall be Borrowers' joint and several Borrower’s obligations to Lender due and payable on demand, or if no demand is sooner made, then they shall be due and payable on, or at Borrowers' election anytime before, four (4) years after the respective dates on which they were incurred, and each shall bear interest from the date Lender pays it until five (5) Business Days after Lender bills Borrower therefor at the Stated Rate and from five (5) Business Days after Lender bills Borrower therefor until the date Borrowers repay Borrower repays it to Lender at the Past Due Default Rate. Upon making any such payment or incurring any such expense, Lender shall be fully and automatically subrogated to all of the rights of the person, corporation or body politic receiving such payment. Any amounts owing by Borrowers, or any of them, Borrower to Lender pursuant to this or any other provision of this Agreement shall be secured by all instruments securing the NoteNotes. The amount and nature of any such expense and the time when it was paid shall be fully established by the affidavit of Lender or any of Lender's ’s officers or agents. The exercise of the privileges granted to Lender in this Section shall in no event be considered or constitute a cure of the default or a waiver of Lender's ’s right at any time after an Event of Default to declare one or more of the Note Notes to be at once due and payable, but is cumulative of such right and of all other rights given by this Agreement, the Note Notes and the Credit Papers Documents and of all rights given Lender by law.

Appears in 1 contract

Samples: Credit Agreement (Mountain Valley Spring Co)

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