Common use of Mortgagee's Right to Perform Clause in Contracts

Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of Mortgagor, within the applicable grace period, if any, provided for in the Credit Agreement or the Guarantee and Collateral Agreement, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, may, at any time upon 5 days' notice to Mortgagor (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in, or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section shall be deemed or construed to cure Mortgagor's default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of Mortgagor, within the applicable grace period, if any, provided for in the Credit Agreement or the Guarantee and Collateral Agreement, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, may, at any time upon 5 days' ’ notice to Mortgagor (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in, or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section shall be deemed or construed to cure Mortgagor's ’s default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of MortgagorMortgagor (other than with respect to the failure to maintain insurance as required hereunder, within the applicable grace periodin which case Mortgagee can immediately perform), if any, provided for in the Credit Agreement or the Guarantee and Collateral Agreement, Mortgageesuch failure constitutes an Event of Default, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, Mortgagee may, at any time upon 5 days' notice to Mortgagor (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the Default Raterate provided for in the Credit Agreement, shall immediately immediately, upon notice to Mortgagor, be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in, in or claim upon the Mortgaged Property attaching subsequent to the lien and security title of this Mortgage. No payment or advance of money by Mortgagee under this Section 12 shall be deemed or construed to cure Mortgagor's default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of MortgagorMortgagor under this Mortgage, within the applicable grace period, if any, provided for in this Mortgage or in the Credit Agreement or the Guarantee and Collateral Agreement, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, may, at any time upon 5 10 days' ’ written notice to Mortgagor (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in, or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section shall be deemed or construed to cure Mortgagor's ’s default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of Mortgagor, within the applicable grace period, if any, provided for in the Credit Agreement or the Guarantee Mortgagor after an Event of Default shall have occurred and Collateral Agreementbe continuing, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, with reasonable efforts to provide simultaneous written notice to Mortgagor, may, at any time upon 5 days' notice to Mortgagor (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in, in or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section shall be deemed or construed to cure Mortgagor's default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of MortgagorMortgagor (other than with respect to the failure to maintain insurance as required hereunder, within the applicable grace periodin which case Mortgagee can immediately perform), if any, provided for in the Credit Agreement or the Guarantee and Collateral Agreement, Mortgageesuch failure constitutes an Event of Default, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, Mortgagee may, at any time upon 5 days' notice to Mortgagor (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the Default Raterate provided for in Section 2.08 of the Credit Agreement, shall immediately be due from Mortgagor to Mortgagee and the same shall be secured by this this. Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest inNew Haven County, CT in or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section 12 shall be deemed or construed to cure Mortgagor's ’s default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of MortgagorMortgagor (other than with respect to the failure to maintain insurance as required hereunder, within the applicable grace periodin which case Mortgagee can immediately perform), if any, provided for in the Credit Agreement or the Guarantee and Collateral Agreement, Mortgageesuch failure constitutes an Event of Default, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, may, at any time upon 5 days' notice to Mortgagor (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the Default Raterate provided for in Section 2.08 of the Credit Agreement, shall immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in, in or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section 12 shall be deemed or construed to cure Mortgagor's ’s default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of MortgagorMortgagor (other than with respect to the failure to maintain insurance as required hereunder, within the applicable grace periodin which case Mortgagee can immediately perform), if any, provided for in the Credit Agreement or the Guarantee and Collateral Agreement, Mortgageesuch failure constitutes an Event of Default, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, Mortgagee may, at any time upon 5 days' notice to Mortgagor (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the Default Raterate provided for in Section 2.08 of the Credit Agreement, shall immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Mortgaged. Property prior to any right, title to, interest in, in or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section 12 shall be deemed or construed to cure Mortgagor's ’s default or waive any right or remedy of Mortgagee.. Tolland County, CT

Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of MortgagorMortgagor (other than with, within respect to the applicable grace periodfailure to maintain insurance as required hereunder, if anyin which case Mortgagee can immediately perform), provided for in the Credit Agreement or the Guarantee and Collateral Agreement, Mortgageesuch failure constitutes an. Event of Default, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, Mortgagee may, at any time upon 5 days' notice to Mortgagor (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the Default Raterate provided for in Section 2.08 of the Credit Agreement, shall immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in, in or claim upon the Mortgaged Mortgaged. Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section 12 shall be deemed or construed to cure Mortgagor's ’s default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of Mortgagor, within the applicable grace period, if any, provided for in the Credit Agreement this Mortgage or the Guarantee and Collateral Loan Agreement, as applicable, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, may, at any time upon 5 days' notice to Mortgagor (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in, or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section shall be deemed or construed to cure Mortgagor's default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of MortgagorMortgagor under this Mortgage, within the applicable grace period, if any, provided for in this Mortgage or in the Revolving Credit Agreement or the Guarantee and Collateral Agreement, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, may, at any time upon 5 10 days' ’ written notice to Mortgagor (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in, or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section shall be deemed or construed to cure Mortgagor's ’s default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If any Borrower fails to perform any of the covenants or agreements of such Borrower, within the applicable grace period, if any, provided for in the Credit Agreement, or if Mortgagor fails to perform any of the covenants or agreements of Mortgagor, within the applicable grace period, if any, provided for in the Credit Agreement or the Guarantee and Collateral AgreementGuaranty Documents, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, may, at any time upon 5 days' five (5) Business Days’ notice to Mortgagor (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in, or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section shall be deemed or construed to cure Borrower’s or Mortgagor's default ’s Event of Default after notice of such Event of Default has been given by Mortgagee or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Mortgagor fails Upon the occurrence and continuance of an Event of Default with respect to perform the performance of any of the covenants or agreements of Mortgagor, within the applicable grace period, if any, provided for in the Credit Agreement or the Guarantee and Collateral AgreementObligations contained herein, Mortgagee, without waiving or releasing Mortgagor Mortgagors from any obligation Obligation or default Default under this Mortgage, mayafter delivery of notice thereof to Mortgagors, may (but shall not be obligated to), at any time upon 5 days' notice to Mortgagor (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, Rate from the date of payment by Mortgagee to the date such amount is paid by Mortgagors shall immediately be due from Mortgagor Mortgagors to Mortgagee Mortgagee, and the same shall be secured by this Mortgage and shall be a lien Lien on the Mortgaged Property prior to any right, title to, interest in, in or claim upon the Mortgaged Property attaching subsequent to the lien Lien of this Mortgage. No payment or advance of money by Mortgagee under this Section 14 shall be deemed or construed to cure Mortgagor's default Mortgagors' Default or waive any right or remedy of MortgageeMortgagee hereunder.

Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of MortgagorMortgagor (other than with respect to the failure to maintain insurance as required hereunder, within the applicable grace periodin which case Mortgagee can immediately perform), if any, provided for in the Credit Agreement or the Guarantee and Collateral Agreement, Mortgageesuch failure constitutes an Event of Default, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, Mortgagee may, at any time upon 5 days' notice to Mortgagor (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the Default Raterate provided for in Section 2.08 of the Credit Agreement, shall immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in, in or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section 12 shall be deemed or construed to cure Mortgagor's ’s default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of MortgagorMortgagor (other than with respect to the failure to maintain insurance as required hereunder, within the applicable grace periodin which case Mortgagee can immediately perform), if any, provided for in the Credit Agreement or the Guarantee and Collateral Agreement, Mortgageesuch failure constitutes an Event of Default, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, may, at any time upon 5 days' notice to Mortgagor (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the Default Raterate provided for in Section 2.16(c) of the Credit Agreement, shall immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in, in or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section 12 shall be deemed or construed to cure Mortgagor's ’s default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of MortgagorMortgagor (other than with respect to the failure to maintain insurance as required hereunder, within the applicable grace periodin which case Mortgagee can immediately perform), if any, provided for in the Credit Agreement or the Guarantee and Collateral Agreement, Mortgageesuch failure constitutes an Event of Default, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, Mortgagee may, at any time upon 5 days' notice to Mortgagor (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the Default Raterate provided for in the Credit Agreement, shall immediately immediately, upon notice to Mortgagor, be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in, in or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section 12 shall be deemed or construed to cure Mortgagor's default or waive any right or remedy of Mortgagee.

Mortgagee's Right to Perform. If Mortgagor fails to perform any of the covenants or agreements of MortgagorMortgagor (other than with respect to the failure to maintain insurance as required hereunder, within the applicable grace periodin which case Mortgagee can immediately perform), if any, provided for in the Credit Agreement or the Guarantee and Collateral Agreement, Mortgageesuch failure constitutes an Event of Default, without waiving or releasing Mortgagor from any obligation or default under this Mortgage, may, at any time upon 5 days' notice to Mortgagor (but shall be under no obligation to) pay or perform the same, and the amount or cost thereof, with interest at the Default Raterate provided for in Section 2.14(c) of the Credit Agreement, shall immediately be due from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in, in or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section 12 shall be deemed or construed to cure Mortgagor's ’s default or waive any right or remedy of Mortgagee.