Common use of Performance by Agent Clause in Contracts

Performance by Agent. If any Loan Party shall fail to perform any covenant, duty or agreement contained in any of the Loan Documents which failure constitutes an Event of Default, Agent may perform or attempt to perform such covenant, duty or agreement on behalf of such Loan Party after the expiration of any cure or grace periods set forth herein. In such event, such Loan Party shall, at the request of Agent, promptly pay any amount reasonably expended by Agent in such performance or attempted performance to Agent, together with interest thereon at the highest rate of interest in effect upon the occurrence of an Event of Default as specified in Section 2.2(d) from the date of such expenditure until paid. Notwithstanding the foregoing, it is expressly agreed that Agent shall not have any liability or responsibility for the performance of any obligation of any Loan Party under this Agreement or any other Loan Document.

Appears in 3 contracts

Samples: Credit Agreement (Addus HomeCare Corp), Credit Agreement (Addus HomeCare Corp), Credit Agreement (Addus HomeCare Corp)

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Performance by Agent. If any Loan Credit Party shall fail to perform any covenant, duty or agreement contained in any of the Loan Documents which failure constitutes an Event of DefaultDocuments, any Authorized Agent may perform or attempt to perform such covenant, duty or agreement on behalf of such Loan Credit Party after the expiration of any cure or grace periods set forth herein. In such event, such Loan Credit Party shall, at the request of any Authorized Agent, promptly pay any amount reasonably expended by any Authorized Agent in such performance or attempted performance to such Agent, together with interest thereon at the highest rate of interest in effect upon the occurrence of an Event of Default as specified in Section 2.2(d1.2(d) from the date of such expenditure until paid. Notwithstanding the foregoing, it is expressly agreed that no Agent shall not have any liability or responsibility for the performance of any obligation of any Loan Credit Party under this Agreement or any other Loan Document.

Appears in 2 contracts

Samples: Credit Agreement (Tempur Pedic International Inc), Credit Agreement (Twi Holdings Inc)

Performance by Agent. If any Loan Credit Party shall fail to perform any covenant, duty or agreement contained in any of the Loan Documents which failure constitutes Documents, Agent may, upon the occurrence and during the continuance of an Event of Default, Agent may perform or attempt to perform such covenant, duty or agreement on behalf of such Loan Credit Party after the expiration of any cure or grace periods set forth herein. In such event, such Loan Credit Party shall, at the request of Agent, promptly pay any amount reasonably expended by Agent in such performance or attempted performance to Agent, together with interest thereon at the highest rate of interest in effect upon the occurrence of an Event of Default as specified in Section 2.2(d1.2(d) from the date of such expenditure until paid. Notwithstanding the foregoing, it is expressly agreed that Agent shall not have any liability or responsibility for the performance of any obligation of any Loan Credit Party under this Agreement or any other Loan Document.

Appears in 2 contracts

Samples: Credit Agreement (Playtex Products Inc), Credit Agreement (Playtex Products Inc)

Performance by Agent. If any Loan Party shall fail to perform any covenant, duty duty, or agreement contained in any of the Loan Documents which failure constitutes an Event of DefaultDocuments, Agent may perform or attempt to perform such covenant, duty duty, or agreement on behalf of such the applicable Loan Party after the expiration of any cure or grace periods set forth herein. In such event, such Loan Party Borrower shall, at the request of Agent, promptly pay any amount reasonably expended by Agent in such performance or attempted performance to Agent, together with interest thereon at the highest rate of interest in effect upon the occurrence of an Event of Default as specified in Section 2.2(dsubsection 2.2(A) for Base Rate Loans from the date of such expenditure until paid. Notwithstanding the foregoing, it is expressly agreed that Agent shall not have any liability or responsibility for the performance of any obligation of any Loan Party under this Agreement or any other Loan Document.

Appears in 2 contracts

Samples: Credit Agreement (Spinnaker Industries Inc), Credit Agreement (Lynch Corp)

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Performance by Agent. If any Loan Party shall fail to perform any covenant, duty or agreement contained in any of the Loan Documents which failure constitutes an Event of Default, Agent may perform or attempt to perform such covenant, duty or agreement on behalf of such Loan Party after the expiration of any cure or grace periods set forth herein. In such event, such Loan Party shall, at the request of Agent, promptly pay any amount reasonably expended by Agent in such performance or attempted performance to Agent, together with interest thereon at the highest rate of interest in effect upon the occurrence of an Event of Default as specified in Section 2.2(dsubsection 2.2(A)(iii) from the date of such expenditure until paid. Notwithstanding the foregoing, it is expressly agreed that Agent shall not have any no liability or responsibility for the performance of any obligation of any Loan Party under this Agreement or any other Loan Document.

Appears in 1 contract

Samples: Loan Agreement (ReFinance America, LTD)

Performance by Agent. If any Loan Credit Party shall fail to perform any covenant, duty or agreement that imposes obligations or duties in respect of Collateral contained in any of the Loan Documents which failure constitutes an Event of DefaultDocuments, Agent may perform or attempt to perform such covenant, duty or agreement on behalf of such Loan Credit Party after the expiration of any cure or grace periods set forth herein. In such event, such Loan Credit Party shall, at the request of Agent, promptly pay any amount reasonably expended by Agent in such performance or attempted performance to Agent, together with interest thereon at the highest rate of interest in effect upon the occurrence of an Event of Default as specified in Section 2.2(d1.2(d) from the date of such expenditure until paid. Notwithstanding the foregoing, it is expressly agreed that Agent shall not have any liability or responsibility for the performance of any obligation of any Loan Credit Party under this Agreement or any other Loan Document.

Appears in 1 contract

Samples: Credit and Security Agreement (Osullivan Industries Inc)

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