Common use of Performance by the Administrative Agent Clause in Contracts

Performance by the Administrative Agent. Should any Credit Party with respect to a Fund Group fail to perform any applicable covenant, duty, or agreement contained herein or in any of the Loan Documents, and such failure continues beyond any applicable cure period, the Administrative Agent may, but shall not be obligated to, perform or attempt to perform such covenant, duty, or agreement on behalf of such Person. In such event, the Credit Parties in such Fund Group shall, at the request of the Administrative Agent, promptly pay any amount expended by the Administrative Agent in such performance or attempted performance to the Administrative Agent at its designated Agency Services Address, together with interest thereon at the Default Rate from the date of such expenditure until paid. Notwithstanding the foregoing, it is expressly understood that neither the Administrative Agent nor the Lenders assume any liability or responsibility for the performance of any duties of the Credit Parties in such Fund Group, or any related Person hereunder or under any of the Loan Documents or other control over the management and affairs of any Credit Party, or any related Person, nor by any such action shall the Administrative Agent or the Lenders be deemed to create a partnership arrangement with any Credit Party, or any related Person.

Performance by the Administrative Agent. Should any Credit Party with respect to a Fund Group fail to perform any applicable covenant, duty, or agreement contained herein or in any of the Loan Documents, and such failure continues beyond any applicable cure period, the Administrative Agent may, but shall not be obligated to, perform or attempt to perform such covenant, duty, or agreement on behalf of such Person. In such event, the Credit Parties in such Fund Group shall, at the request of the Administrative Agent, promptly pay any amount expended by the Administrative Agent in such performance or attempted performance to the Administrative Agent at its designated Agency Services Address, together with interest thereon at the Default Rate from the date of such expenditure until paid. Notwithstanding the foregoing, it is expressly understood that neither the Administrative Agent nor the Lenders assume any liability or responsibility for the performance of any duties of the Credit Parties in such Fund GroupParties, or any related Person hereunder or under any of the Loan Documents or other control over the management and affairs of any Credit Party, or any related Person, nor by any such action shall the Administrative Agent or the Lenders be deemed to create a partnership arrangement with any Credit Party, or any related Person.

Performance by the Administrative Agent. Should any Credit Party with respect to a Fund Group fail to perform any applicable covenant, duty, or agreement contained herein or in any of the Loan DocumentsDocuments to which it is a party, and such failure continues beyond any applicable cure period, the Administrative Agent maymay (pursuant to such Loan Documents, including any collateral assignments therein to the Administrative Agent), but shall not be obligated to, perform or attempt to perform such covenant, duty, or agreement on behalf of such Person. In such event, the Credit Parties in such Fund Group Borrowers shall, at the request of the Administrative Agent, promptly pay any amount expended by the Administrative Agent in such performance or attempted performance to the Administrative Agent at its designated Agency Services Address, together with interest thereon at the Default Rate from the date of such expenditure until paid. Notwithstanding the foregoing, it is expressly understood that neither the Administrative Agent Agent, the other Agents nor the Lenders assume any liability or responsibility for the performance of any duties of the any Credit Parties in such Fund GroupParty, or any related Person hereunder or under any of the Loan Documents or other control over the management and affairs of any Credit Party, or any related Person, nor by any such action shall the Administrative Agent, any other Agent or the Lenders be deemed to create a partnership arrangement with any Credit Party, or any related Person.

Performance by the Administrative Agent. Should any Credit Party with respect to a Fund Group Obligor fail to perform any applicable covenant, duty, or agreement contained herein or in any of the other Loan Documents, and such failure continues beyond any applicable cure periodresults in an Event of Default, the Administrative Agent may, but shall is not be obligated to, perform or attempt to perform such covenant, duty, or agreement on behalf of such PersonObligor as long as such Event of Default is continuing. In such event, the Credit Parties in such Fund Group shallObligors will, at the request of the Administrative Agent, Agent promptly pay any amount expended by the Administrative Agent in such performance or attempted performance to the Administrative Agent at its designated Agency Services Addressthe Administrative Agent’s Account, together with interest thereon at the Default Rate as specified in Section 2.10(de) from the date of such expenditure until paid. Notwithstanding the foregoing, it is expressly understood that neither the Administrative Agent nor the Lenders assume any other Secured Party assumes any liability or responsibility for the performance of any duties of the Credit Parties in such Fund Groupany Obligor, or any related Person hereunder or under any of the other Loan Documents or other control over the management and affairs of any Credit PartyObligor, or any related Person, nor by any such action shall will the Administrative Agent or the Lenders any other Secured Party be deemed to create a partnership arrangement with any Credit Party, Obligor or any related Person.

Performance by the Administrative Agent. Should any Credit Party with respect to a Fund Group or Managing Entity fail to perform any applicable covenant, duty, or agreement contained herein or in any of the Loan Documents, and such failure continues beyond any applicable cure period, the Administrative Agent may, but shall not be obligated to, perform or attempt to perform such covenant, duty, or agreement on behalf of such Person. In such event, the Credit Parties in such Fund Group shall, at the request of the Administrative Agent, promptly pay any amount expended by the Administrative Agent in such performance or attempted performance to the Administrative Agent at its designated Agency Services Address, together with interest thereon at the Default Rate from the date of such expenditure until paid. Notwithstanding the foregoing, it is expressly understood that neither the Administrative Agent nor the Lenders assume any liability or responsibility for the performance of any duties of the Credit Parties in such Fund GroupParties, the Managing Entities or any related Person hereunder or under any of the Loan Documents or other control over the management and affairs of any Credit Party, any Managing Entity or any related Person, nor by any such action shall the Administrative Agent or the Lenders be deemed to create a partnership arrangement with any Credit Party, any Managing Entity or any related Person.

Performance by the Administrative Agent. Should any Credit Party with respect to a Fund Group Borrower fail to perform any applicable covenant, duty, or agreement contained herein or in any of the Loan DocumentsDocuments to which it is a party, and such failure continues beyond any applicable cure period, the Administrative Agent may, may (pursuant to such Loan Documents) but shall not be obligated to, perform or attempt to perform such covenant, duty, or agreement on behalf of such Person. In such event, the Credit Parties in such Fund Group Borrowers shall, at the request of the Administrative Agent, promptly pay any amount expended by the Administrative Agent in such performance or attempted performance to the Administrative Agent at its designated Agency Services Address, together with interest thereon at the Default Rate from the date of such expenditure until paid. Notwithstanding the foregoing, it is expressly understood that neither the Administrative Agent nor the Lenders assume any liability or responsibility for the performance of any duties of the Credit Parties in such Fund GroupParties, or any related Person hereunder or under any of the Loan Documents or other control over the management and affairs of any Credit Partythe Borrowers, or any related Person, nor by any such action shall the Administrative Agent or the Lenders be deemed to create a partnership arrangement with any Credit Party, or any related Person.

Performance by the Administrative Agent. Should any Credit Party with respect to a Fund Group fail to perform any applicable covenant, duty, or agreement contained herein or in any of the Loan Documents, and such failure continues beyond any applicable cure period, the Administrative Agent may, but shall not be obligated to, perform or attempt to perform such covenant, duty, or agreement on behalf of such Person. In such event, the Credit Parties in such Fund Group shall, at the request of the Administrative Agent, promptly pay any amount expended by the Administrative Agent in such performance or attempted performance to the Administrative Agent at its designated Agency Services Address, together with interest thereon at the Default Rate from the date of such expenditure until paid. Notwithstanding the foregoing, it is expressly understood that neither the Administrative Agent nor the Lenders assume any liability or responsibility for the performance of any duties of the Credit Parties in such Fund GroupParties, or 109 any related Person hereunder or under any of the Loan Documents or other control over the management and affairs of any Credit Party, or any related Person, nor by any such action shall the Administrative Agent or the Lenders be deemed to create a partnership arrangement with any Credit Party, or any related Person.

Performance by the Administrative Agent. Should any Credit Party with respect to a Fund Group fail to perform any applicable covenant, duty, or agreement contained herein or in any of the Loan Documents, and such failure continues beyond any applicable cure period, the Administrative Agent may, but shall not be obligated to, perform or attempt to perform such covenant, duty, or agreement on behalf of such Person. In such event, the Credit Parties in such Fund Group shall, at the request of the Administrative Agent, promptly pay any amount expended by the Administrative Agent in such performance or attempted performance to the Administrative Agent at its designated Agency Services Address, together with interest thereon at the Default Rate from the date of such expenditure until paid. Notwithstanding the foregoing, it is expressly understood that neither the Administrative Agent nor the Lenders 703041399 12410180 85 assume any liability or responsibility for the performance of any duties of the Credit Parties in such Fund GroupParties, or any related Person hereunder or under any of the Loan Documents or other control over the management and affairs of any Credit Party, or any related Person, nor by any such action shall the Administrative Agent or the Lenders be deemed to create a partnership arrangement with any Credit Party, or any related Person.