Common use of Performance by the Agent Clause in Contracts

Performance by the Agent. If any Debtor shall fail to perform any covenant or agreement contained in this Agreement, the Agent may (but shall not be obligated to) perform or attempt to perform such covenant or agreement on behalf of the Debtors, in which case Agent shall exercise good faith and make diligent efforts to give Debtors prompt prior written notice of such performance or attempted performance. In such event, the Debtors shall, at the request of the Agent, promptly pay any reasonable amount expended by the Agent in connection with such performance or attempted performance to the Agent, together with interest thereon at the interest rate set forth in the Credit Agreement, from and including the date of such expenditure to but excluding the date such expenditure is paid in full. Notwithstanding the foregoing, it is expressly agreed that the Agent shall not have any liability or responsibility for the performance (or non-performance) of any obligation of the Debtors under this Agreement.

Performance by the Agent. If any Debtor the Borrower shall fail to perform any covenant or agreement contained in this Agreementaccordance with the terms of the Loan Documents, the Agent may (but shall not be obligated to) may, at the direction of Required Lenders, perform or attempt to perform such covenant or agreement on behalf of the Debtors, in which case Agent shall exercise good faith and make diligent efforts to give Debtors prompt prior written notice of such performance or attempted performanceBorrower. In such event, the Debtors Borrower shall, at the request of the Agent, promptly pay any reasonable amount reasonably expended by the Agent or the Lenders in connection with such performance or attempted performance to the AgentAgent at the Principal Office, together with interest thereon at the interest rate set forth in the Credit Agreement, Default Rate from and including the date of such expenditure to but excluding the date such expenditure is paid in full. Notwithstanding the foregoing, it is expressly agreed that neither the Agent nor any Lender shall not have any liability or responsibility for the performance (or non-performance) of any obligation of the Debtors Borrower under this AgreementAgreement or any of the other Loan Documents.

Performance by the Agent. If any Debtor the Borrower shall fail to perform any covenant or agreement contained in this Agreementaccordance with the terms of the Loan Documents, the Agent may (but shall not be obligated to) may, at the direction of Required Lenders, perform or attempt to perform such covenant or agreement on behalf of the Debtors, in which case Agent shall exercise good faith and make diligent efforts to give Debtors prompt prior written notice of such performance or attempted performanceBorrower. In such event, the Debtors Borrower shall, at the request of the Agent, promptly pay any reasonable amount reasonably expended by the Agent or the Lenders in connection with such performance or attempted performance to the AgentAgent at the Principal Office, together with interest thereon at the interest rate set forth in the Credit Agreement, Default Rate from and including the date of such expenditure to but excluding the date such expenditure is paid in full. Notwithstanding the foregoing, it is expressly agreed that neither the Agent nor any Lender shall not have any liability or responsibility for the performance (or non-performance) of any obligation of the Debtors Borrower under this Agreement.Agreement or any of the other Loan Documents. The Agent

Performance by the Agent. If any Debtor shall fail to perform any covenant or agreement contained in this Agreement, the Agent may (but shall not be obligated to) perform or attempt to perform such covenant or agreement on behalf of the Debtors, in which case Agent shall exercise good faith and make diligent efforts to give the Debtors prompt prior written notice of such performance or attempted performance. In such event, the Debtors shall, at the request of the Agent, promptly pay any reasonable amount expended by the Agent in connection with such performance or attempted performance to the Agent, together with interest thereon at the interest rate set forth in the Credit Agreement, from and including the date of such expenditure to but excluding the date such expenditure is paid in full. Notwithstanding the foregoing, it is expressly agreed that the Agent shall not have any liability or responsibility for the performance (or non-performance) of any obligation of the Debtors under this Agreement.

Performance by the Agent. If any Debtor shall fail to perform any covenant or agreement contained in this AgreementAgreement after demand from Agent to so perform, the Agent may (but shall not be obligated to) perform or attempt to perform such covenant or agreement on behalf of the Debtors, in which case Agent shall exercise good faith and make diligent efforts to give Debtors prompt prior written notice of such performance or attempted performance. In such event, the Debtors shall, at the request of the Agent, promptly pay any reasonable amount expended by the Agent in connection with such performance or attempted performance to the Agent, together with interest thereon at the interest rate set forth in the Credit Agreement, from and including the date of such expenditure to but excluding the date such expenditure is paid in full. Notwithstanding the foregoing, it is expressly agreed that the Agent shall not have any liability or responsibility for the performance (or non-performance) of any obligation of the Debtors under this Agreement.

Performance by the Agent. If any Debtor shall fail to perform any covenant or agreement contained in this Agreement, the Agent may (but shall not be obligated to) perform or attempt to perform such covenant or agreement on behalf of the Debtors, in which case Agent shall exercise good faith and make diligent efforts to give Debtors prompt prior written notice of such performance or attempted performance. In such event, the Debtors shall, at the request of the Agent, promptly pay any reasonable amount expended by the Agent in connection with such performance or attempted performance to the Agent, together with interest thereon at the interest rate set forth in the Credit Agreement, from and including the date of such expenditure to but excluding the date such expenditure is paid in full. Notwithstanding the foregoing, it is expressly agreed that the Agent shall not have any liability 119 or responsibility for the performance (or non-performance) of any obligation of the Debtors under this Agreement.