Common use of Performance of Borrowers’ Obligations Clause in Contracts

Performance of Borrowers’ Obligations. Without having any obligation to do so, upon reasonable prior notice to Borrower, Lender may perform or pay any obligation which Borrower has agreed to perform or pay under this Agreement, including, without limitation, the payment or discharge of taxes or Liens levied or placed on or threatened against the Collateral. In so performing or paying, Lender shall determine the action to be taken and the amount necessary to discharge such obligations. Borrower shall reimburse Lender on demand for any amounts paid by Lender pursuant to this Section, which amounts shall constitute Obligations secured by the Collateral and shall bear interest from the date of demand at the Default Rate.

Appears in 22 contracts

Samples: Loan and Security Agreement (Neutral Tandem Inc), Loan and Security Agreement (Oculus Innovative Sciences, Inc.), Loan and Security Agreement (Lumera Corp)

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Performance of Borrowers’ Obligations. Without having any obligation to do so, upon reasonable prior notice to Borrower, Lender may perform or pay any obligation which Borrower has agreed to perform or pay under this Agreement, including, without limitation, the payment or discharge of taxes or Liens levied or placed on or threatened against the Collateral. In so performing or paying, Lender shall determine the action to be taken and the amount necessary to discharge such obligations. Borrower shall reimburse Lender on demand for any amounts paid by Lender pursuant to this Section, which amounts shall constitute Obligations Indebtedness secured by the Collateral and shall bear interest from the date of demand at the Default Raterate applicable to overdue payments under this Loan Agreement.

Appears in 4 contracts

Samples: Loan and Security Agreement (Adforce Inc), Loan and Security Agreement (Adforce Inc), Loan and Security Agreement (Adforce Inc)

Performance of Borrowers’ Obligations. Without having any obligation to do so, upon reasonable prior notice to Borrower, Lender Agent may perform or pay any obligation which Borrower has agreed to perform or pay under this Agreement, including, without limitation, the payment or discharge of taxes or Liens levied or placed on or threatened against the Collateral. In so performing or paying, Lender Agent shall determine the action to be taken and the amount necessary to discharge such obligations. Borrower shall reimburse Lender Agent on demand for any amounts paid by Lender Agent pursuant to this Section, which amounts shall constitute Obligations secured by the Collateral and shall bear interest from the date of demand at the Default Rate.

Appears in 2 contracts

Samples: Loan and Security Agreement (Athersys, Inc / New), Loan and Security Agreement (BTHC VI Inc)

Performance of Borrowers’ Obligations. Without having any obligation to do so, upon reasonable prior notice to Borrower, Lender may perform or pay any obligation which Borrower has agreed to perform or pay under this AgreementAgreement (but has failed timely to perform or pay), including, without limitation, the payment or discharge of taxes or Liens levied or placed on or threatened against the Collateral. In so performing or paying, Lender shall determine the action to be taken and the amount necessary to discharge such obligations. Borrower shall reimburse Lender on demand for any amounts paid by Lender pursuant to this Section, which amounts shall constitute Obligations secured by the Collateral and shall bear interest from the date of demand at the Default Rate.

Appears in 2 contracts

Samples: Loan and Security Agreement (Rani Therapeutics Holdings, Inc.), Loan and Security Agreement (Rani Therapeutics Holdings, Inc.)

Performance of Borrowers’ Obligations. Without having any obligation to do so, upon reasonable prior notice to BorrowerBorrowers, Lender may perform or pay any obligation which any Borrower has agreed to perform or pay under this Agreement, including, without limitation, the payment or discharge of taxes or Liens levied or placed on or threatened against the Collateral. In so performing or paying, Lender shall determine the action to be taken and the amount necessary to discharge such obligations. Borrower Borrowers shall reimburse Lender on within 10 days after demand for any amounts paid by Lender pursuant to this Section, which amounts shall constitute Obligations secured by the Collateral and shall bear interest from the date of demand at the Default Rate.

Appears in 2 contracts

Samples: Loan and Security Agreement (Digital Caddies, Inc.), Loan and Security Agreement (Virtuix Holdings Inc.)

Performance of Borrowers’ Obligations. Without having any obligation to do so, upon reasonable prior notice to any Borrower, Lender may perform or pay any obligation which such Borrower has have agreed to perform or pay under this Agreement, including, without limitation, the payment or discharge of taxes or Liens levied or placed on or threatened against the Collateral. In so performing or paying, Lender shall determine the action to be taken and the amount necessary to discharge such obligations. Each Borrower shall reimburse Lender on demand for any amounts paid by Lender pursuant to this Section, which amounts shall constitute Obligations secured by the Collateral and shall bear interest from the date of demand at the Default Rate.

Appears in 1 contract

Samples: Loan and Security Agreement (Bacterin International Holdings, Inc.)

Performance of Borrowers’ Obligations. Without having any obligation to do so, upon reasonable prior notice to any Borrower, Lender may perform or pay any obligation which any Borrower has agreed to perform or pay under this Agreement, including, without limitation, the payment or discharge of taxes or Liens levied or placed on or threatened against the Collateral. In so performing or paying, Lender shall determine the action to be taken and the amount necessary to discharge such obligations. Borrower Borrowers shall reimburse Lender on demand for any amounts paid by Lender pursuant to this Section, which amounts shall constitute Obligations secured by the Collateral and shall bear interest from the date of demand at the Default Rate.

Appears in 1 contract

Samples: Loan and Security Agreement (Oculus Innovative Sciences, Inc.)

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Performance of Borrowers’ Obligations. Without having any obligation to do so, upon reasonable prior notice to Borrower, Lender may perform or pay any obligation which Borrower has agreed to perform or pay under this Agreement, including, without limitation, the payment or discharge of taxes or Liens levied or placed on or threatened against the Collateralcollateral. In so performing or paying, Lender shall determine the action to be taken and the amount necessary to discharge such obligations. Borrower shall reimburse Lender on demand for any amounts paid by Lender pursuant to this Section, which amounts shall constitute Obligations secured by the Collateral and shall bear interest from the date of demand at the Default Rate.

Appears in 1 contract

Samples: Loan and Security Agreement (New Focus Inc)

Performance of Borrowers’ Obligations. Without having any obligation to do so, upon reasonable prior notice to Borrower, Lender may perform or pay any obligation which Borrower has agreed to perform or pay under this Agreement, including, without limitation, the payment or discharge of taxes or Liens levied or placed on or threatened against the Collateral. In so performing or paying, Lender shall in good faith determine the reasonable action to be be- taken and the amount necessary to discharge such obligations. Borrower shall reimburse Lender on demand for any amounts paid by Lender pursuant to this Section, which amounts shall constitute Obligations secured by the Collateral and shall bear interest from the date of demand at the Default Rate.

Appears in 1 contract

Samples: Loan and Security Agreement (Nanosphere Inc)

Performance of Borrowers’ Obligations. Without having any obligation to do so, upon reasonable prior notice to Borrower, Lender may perform or pay any obligation which Borrower has agreed to perform or pay under this Agreement, including, without limitation, the payment or discharge of taxes or Liens levied or placed on or threatened against the Collateral. In so performing or paying, Lender shall in good faith determine the reasonable action to be taken and the amount necessary to discharge such obligations. Borrower shall reimburse Lender on demand for any amounts paid by Lender pursuant to this Section, which amounts shall constitute Obligations secured by the Collateral and shall bear interest from the date of demand at the Default Rate.

Appears in 1 contract

Samples: Loan and Security Agreement (Nanosphere Inc)

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