Performance by the Lenders. Each Lender shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Lenders at or prior to the Closing Date.
Performance by the Lenders. If Debtor fails to perform any material covenant, agreement, duty or obligation of Debtor under this Agreement, Lenders may, after any applicable cure period, at any time or times in its discretion, take action to effect performance of such obligation. All reasonable expenses of the Lenders incurred in connection with the foregoing authorization shall be payable by Debtor as provided in Paragraph 12.1 hereof. No discretionary right, remedy or power granted to the Lenders under any part of this Agreement shall be deemed to impose any obligation whatsoever on the Lenders with respect thereto, such rights, remedies and powers being solely for the protection of the Lenders.
Performance by the Lenders. Should Borrower or any Subsidiary fail to perform any covenant, duty or agreement contained herein or in any of the other Loan Documents or in any Subsidiary Document, any Lender or Agent may perform or attempt to perform such covenant, duty or agreement on behalf of Borrower. In such event, Borrower shall, at the request of any Lender or Agent, promptly pay any amount reasonably expended by any Lender or Agent in such performance or attempted performance to any Lender or Agent at its principal office, together with interest thereon, at the interest rate specified in the Debenture, from the date of such expenditure until paid. Notwithstanding the foregoing, it is expressly understood that any Lender or Agent assumes no liability or responsibility for the performance of any duties of Borrower or any Subsidiary hereunder or under any of the other Loan Documents or under any Subsidiary Document.
Performance by the Lenders. If any Debtor shall fail to perform any covenant or agreement contained in this Agreement, the Lenders may (but shall not be obligated to) perform or attempt to perform such covenant or agreement on behalf of the Debtors, in which case the Lenders 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 Lenders, promptly pay any reasonable amount expended by the Lenders in connection with such performance or attempted performance to the Lender, together with interest thereon at the interest rate set forth in the Purchase 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 Lenders 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 Lenders. If at any time either of the Borrowers fails or refuses to pay or perform any material obligation or duty to any third Person, except for payments that are the subject of bona fide disputes in the ordinary course of business, the Lenders may, in their sole and absolute discretion, but shall not be obligated to, pay or perform the same on behalf of such Borrower, and such Borrower shall promptly repay all amounts so paid, and all costs and expenses so incurred. This repayment obligation shall become one of the Obligations and shall bear interest at the Default Interest Rate as if such obligation were a Base Rate Loan.
Performance by the Lenders. AGREEMENT (CONTINUED) Should Borrower fail to perform any covenant, duty or agreement contained herein or in any of the other Loan Documents, any Lender or Agent may perform or attempt to perform such covenant, duty or agreement on behalf of Borrower. In such event, Borrower shall, at the request of any Lender or Agent, promptly pay any amount reasonably expended by any Lender or Agent in such performance or attempted performance to any Lender or Agent at its principal office, together with interest thereon, at the interest rate specified in the Debenture, from the date of such expenditure until paid. Notwithstanding the foregoing, it is expressly understood that any Lender or Agent assumes no liability or responsibility for the performance of any duties of Borrower hereunder or under any of the other Loan Documents.
Performance by the Lenders. If the Loan Parties shall fail to perform any covenant or agreement in accordance with the terms of any of the Loan Documents, the Lenders may (with the concurrence of the Required Lender and, if directed by the Required Lender, shall), perform or attempt to perform such covenant or agreement on behalf of the Loan Parties. In such event, the Obligated Parties shall, at the request of any of the Lenders, promptly pay any amount reasonably expended by the Lenders in connection with such performance or attempted performance, together with interest thereon at the Default Rate from and including the date of such expenditure to but excluding the date such expenditure is paid in full. The foregoing notwithstanding, it is expressly agreed that none of the Lenders shall have any liability or responsibility for the performance of any obligation of the Loan Parties under this Agreement or any of the other Loan Documents.
Performance by the Lenders. If at any time any Loan Party fails or refuses to pay or perform any material obligation or duty to any third Person, except for payments which are the subject of bona fide disputes in the ordinary course of business, during the continuance of the resulting Event of Default the Administrative Agent or the Lenders may, in their sole discretion, but shall not be obligated to, pay or perform the same on behalf of such Loan Party, and the Borrower shall promptly repay all amounts so paid, and all costs and expenses so incurred. This repayment obligation shall become one of the Obligations of the Borrower hereunder and shall bear interest at the Default Interest Rate.
Performance by the Lenders. If Borrower shall fail to perform any of its obligations pursuant to this Loan Agreement or the Loan Documents, the Lenders may perform or cause the performance of such obligation, and Borrower shall pay the Fees and Expenses incurred by the Lenders in connection therewith, plus interest at the Default Rate. Notwithstanding the foregoing, nothing in this Loan Agreement shall obligate the Lenders to perform any of the obligations of Borrower pursuant to this Loan Agreement or the Loan Documents.
Performance by the Lenders. If any Obligated Party fails to perform any covenant, duty, or agreement in accordance with the terms of the Loan Documents, or other document relating to same, the Lender may (but in no circumstance is obligated to), at its election but at the Borrower's expense, perform, or attempt to perform, such covenant, duty, or agreement on behalf of such Obligated Party in the sole discretion of the Lender. The Lender or any of its representatives may, in the name or on behalf of any Obligated Party or any Subsidiary of an Obligated Party, sign, execute, or endorse the name of such Obligated Party or Subsidiary upon, and acknowledge, witness, deliver, file, and record, any notices, assignments, financing statements, claims, instruments, receipts, checks, drafts, or orders and demand, sue xxx, collect, or receive the Collateral or any money or property at any time payable or receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to, any of the Collateral. Each Obligated Party hereby appoints the Lender and its representatives as attorney-in-fact for each Obligated Party to do any of the foregoing, and this power, being coupled with an interest, is irrevocable so long as this Agreement remains in effect.
