Performance by Secured Party. If Debtor fails to ---------------------------- perform any agreement contained herein, Secured Party may itself perform, or cause the performance of, such agreement, and the reasonable expenses of Secured Party incurred in connection therewith shall be payable by Debtor under Section 5.8. In no event, however, shall Secured Party have any obligation or duties whatsoever to perform any covenant or agreement of Debtor contained herein, and any such performance by Secured party shall be wholly discretionary with Secured Party.
Appears in 6 contracts
Samples: Restricted Stock Agreement (Encore Medical Corp), Restricted Stock Agreement (Encore Medical Corp), Restricted Stock Agreement (Encore Medical Corp)
Performance by Secured Party. If Debtor fails to ---------------------------- perform any agreement contained herein, Secured Party may itself perform, or cause the performance of, such agreement, and the reasonable expenses of Secured Party incurred in connection therewith shall be payable by Debtor under Section 5.88.8. In no event, however, shall Secured Party have any obligation or duties whatsoever to perform any covenant or agreement of Debtor contained herein, and any such performance by Secured party Party shall be wholly discretionary with Secured Party.
Appears in 5 contracts
Samples: Contribution Agreement (Prime Medical Services Inc /Tx/), Assignment and Security Agreement (American Physicians Service Group Inc), Assignment and Security Agreement (American Physicians Service Group Inc)
Performance by Secured Party. If Debtor fails to ---------------------------- perform any agreement or obligation contained herein, Secured Party may itself perform, or cause the performance of, such agreementagreement or obligation, and the reasonable expenses of Secured Party incurred in connection therewith shall be payable by Debtor under Section 5.8. In no event, however, shall Secured Party have any obligation or duties whatsoever to perform any covenant or agreement of Debtor contained herein, and any such performance by Secured party shall be wholly discretionary with Secured Party4.5.
Appears in 4 contracts
Samples: Stock Pledge Agreement (Western Gas Resources Inc), Pledge Agreement (Western Gas Resources Inc), Subsidiary Pledge Agreement (Western Gas Resources Inc)
Performance by Secured Party. If Debtor fails to perform ---------------------------- perform any agreement contained herein, Secured Party may itself perform, or cause the performance of, such agreement, and the reasonable expenses of Secured Party incurred in connection therewith shall be payable by Debtor under Section 5.8. In no event, however, shall Secured Party have any obligation or duties whatsoever to perform any covenant or agreement of Debtor contained herein, and any such performance by Secured party shall be wholly discretionary with Secured Party.
Appears in 2 contracts
Samples: Restricted Stock Agreement (Encore Medical Corp), Restricted Stock Agreement (Encore Medical Corp)
Performance by Secured Party. If Debtor fails to ---------------------------- perform any ---------------------------- agreement or obligation contained herein, Secured Party may itself perform, or cause the performance of, such agreementagreement or obligation, and the reasonable expenses of Secured Party incurred in connection therewith shall be payable by Debtor under Section 5.8. In no event, however, shall Secured Party have any obligation or duties whatsoever to perform any covenant or agreement of Debtor contained herein, and any such performance by Secured party shall be wholly discretionary with Secured Party4.5.
Appears in 2 contracts
Samples: LLC Pledge Agreement (St Mary Land & Exploration Co), Stock Pledge Agreement (St Mary Land & Exploration Co)
Performance by Secured Party. If any Debtor fails to ---------------------------- perform any agreement or obligation contained herein, Secured Party may itself perform, or cause the performance of, such agreementagreement or obligation, and the reasonable expenses of Secured Party incurred in connection therewith shall be payable by such Debtor under Section 5.8. In no event, however, shall Secured Party have any obligation or duties whatsoever to perform any covenant or agreement of Debtor contained herein, and any such performance by Secured party shall be wholly discretionary with Secured Party4.5.
Appears in 1 contract
Performance by Secured Party. If Debtor fails to ---------------------------- perform any agreement ---------------------------- or obligation contained herein, Secured Party may itself perform, or cause the performance of, of such agreementagreement or obligation, and the reasonable expenses of Secured Party incurred in connection therewith shall be payable by Debtor under Section 5.8. In no event, however, shall Secured Party have any obligation or duties whatsoever to perform any covenant or agreement of Debtor contained herein, and any such performance by Secured party shall be wholly discretionary with Secured Party4.5.
Appears in 1 contract
Performance by Secured Party. If Debtor fails to ---------------------------- perform any agreement contained herein, Secured Party may itself perform, or cause the performance of, such agreement, and the reasonable expenses of Secured Party incurred in connection therewith shall be payable by Debtor under Section 5.88.8. In no event, however, shall Secured Party have any obligation or duties whatsoever to perform any covenant or agreement of Debtor contained herein, and any such performance by Secured party Party shall be ---------------------------- wholly discretionary with Secured Party.
Appears in 1 contract
Samples: Contribution Agreement (Prime Medical Services Inc /Tx/)
Performance by Secured Party. If Debtor fails to ---------------------------- perform any ---------------------------- agreement or obligation contained herein, Secured Party may itself perform, or cause the performance of, such agreementagreement or obligation, and the reasonable expenses of Secured Party incurred in connection therewith shall be payable by Debtor under Section 5.8. In no event, however, shall 4.6; provided Secured Party shall have no obligation to do any obligation or duties whatsoever to perform any covenant or agreement of Debtor contained herein, and any such performance by Secured party shall be wholly discretionary with Secured Party.the foregoing. --------
Appears in 1 contract
Samples: Security Agreement (HCS Ii Inc)
Performance by Secured Party. If Debtor fails to ---------------------------- perform any agreement or obligation contained hereinherein or in the Custodial Agreement, Secured Party may itself perform, or cause the performance of, such agreementagreement or obligation, and the reasonable expenses of Secured Party incurred in connection therewith shall be payable by Debtor under Section 5.8. In no event, however, shall Secured Party have any obligation or duties whatsoever to perform any covenant or agreement of Debtor contained herein, and any such performance by Secured party shall be wholly discretionary with Secured Party5.5.
Appears in 1 contract
Samples: Custodial Agreement (Cypress Semiconductor Corp /De/)
Performance by Secured Party. If Debtor fails to ---------------------------- perform any agreement or obligation contained herein, Secured Party may itself itself, at its option and in its sole discretion, perform, or cause the performance of, such agreementagreement or obligation, and the reasonable expenses of Secured Party incurred in connection therewith shall be payable by Debtor under Section 5.8. In no event7.4; provided, however, that nothing herein shall impose any obligation of any kind whatsoever on Secured Party have to perform under any obligation or duties whatsoever to perform any covenant or agreement of Debtor contained herein, and any such performance by Secured party shall be wholly discretionary with Secured PartyDebtor.
Appears in 1 contract
Samples: Security Agreement (Foreland Corp)
Performance by Secured Party. If Debtor fails to ---------------------------- perform any agreement contained herein, Secured Party may itself perform, or cause the performance of, such agreement, and the reasonable expenses of Secured Party incurred in connection therewith shall be payable by Debtor under Section 5.8Debtor. In no event, however, shall Secured Party have any obligation or duties whatsoever to perform any covenant or agreement of Debtor contained herein, and any such performance by Secured party Party shall be wholly discretionary with Secured Party.
Appears in 1 contract
Samples: Assignment and Security Agreement (Prime Medical Services Inc /Tx/)
Performance by Secured Party. If Debtor fails to ---------------------------- --------------------------- perform any agreement contained herein, Secured Party may itself perform, or cause the performance of, such agreement, and the reasonable expenses of Secured Party incurred in connection therewith shall be payable by Debtor under Section 5.8. In no event, however, shall Secured Party have any obligation or duties whatsoever to perform any covenant or agreement of Debtor contained herein, and any such performance by Secured party shall be wholly discretionary with Secured Party.
Appears in 1 contract
Performance by Secured Party. If any Debtor fails to ---------------------------- perform any agreement or obligation contained herein, Secured Party may itself perform, or cause the performance of, such agreementagreement or obligation, and the reasonable expenses of Secured Party incurred in connection therewith shall be payable by Debtor the Debtors under Section 5.8. In no event, however, shall Secured Party have any obligation or duties whatsoever to perform any covenant or agreement of Debtor contained herein, and any such performance by Secured party shall be wholly discretionary with Secured Party4.5.
Appears in 1 contract
Samples: Canadian Security Agreement (Mad Catz Interactive Inc)
Performance by Secured Party. If any Debtor fails to ---------------------------- perform any ---------------------------- agreement or obligation contained herein, Secured Party may itself perform, or cause the performance of, such agreementagreement or obligation, and the reasonable expenses of Secured Party incurred in connection therewith shall be payable by such Debtor under Section 5.8. In no event, however, shall Secured Party have any obligation or duties whatsoever to perform any covenant or agreement of Debtor contained herein, and any such performance by Secured party shall be wholly discretionary with Secured Party4.5.
Appears in 1 contract
