Common use of Right to Cure Clause in Contracts

Right to Cure. Agent may, at its option, upon written notice to Administrative Borrower, (a) cure any default by any Borrower or Guarantor under any material agreement with a third party that materially and adversely affects the Collateral, its value or the ability of Agent to collect, sell or otherwise dispose of the Collateral or the rights and remedies of Agent or any Lender therein or the ability of any Borrower or Guarantor to perform its obligations hereunder or under any of the other Financing Agreements, (b) pay or bond on appeal any judgment entered against any Borrower or Guarantor, (c) discharge taxes, liens, security interests or other encumbrances at any time levied on or existing with respect to the Collateral and (d) pay any amount, incur any expense or perform any act which, in Agent’s reasonable judgment, is necessary or appropriate to preserve, protect, insure or maintain the Collateral and the rights of Agent and Lenders with respect thereto. Agent may add any amounts so expended to the Obligations and charge any Borrower’s account therefor, such amounts to be repayable by Borrowers on demand. Agent and Lenders shall be under no obligation to effect such cure, payment or bonding and shall not, by doing so, be deemed to have assumed any obligation or liability of any Borrower or Guarantor. Any payment made or other action taken by Agent or any Lender under this Section shall be without prejudice to any right to assert an Event of Default hereunder and to proceed accordingly.

Appears in 8 contracts

Samples: Loan and Security Agreement (Franchise Group, Inc.), Loan and Security Agreement (Franchise Group, Inc.), Loan and Security Agreement (Franchise Group, Inc.)

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Right to Cure. Upon and during the continuance of an Event of Default, Agent may, at in its option, upon written notice to Administrative Borrowerdiscretion, (a) cure any default by any Borrower Loan Party under this Agreement, any other Loan Document or Guarantor under any material agreement with a third party Material Contract that materially and adversely affects the Collateral, its value or the ability of Agent to collect, sell or otherwise dispose of the any Collateral or the rights and remedies of Agent or any Lender and the Lenders therein or the ability of any Borrower or Guarantor Loan Party to perform its obligations hereunder or under any of the other Financing AgreementsLoan Documents, (b) pay or bond on appeal discharge any judgment entered against any Borrower or Guarantorcharges, (c) discharge taxes, liensLiens, security interests or other encumbrances at any time levied on or existing with respect to the Collateral and (dc) pay any amount, incur any expense or perform any act whichwhich Agent, in Agent’s reasonable judgmentits discretion, determines is necessary or appropriate to preserve, protect, insure or maintain the Collateral and the rights of Agent and the Lenders with respect thereto. Agent may add any amounts so expended to the Obligations and charge the Loan Account or any Borrower’s other account thereforof Borrowers with Agent or the amounts thereof, such amounts to be repayable by Borrowers on demanddemand and bear interest until paid in full at the highest rate then applicable to the Loans. Agent and Lenders shall be under no obligation to effect such cure, payment or bonding and shall not, by doing so, be deemed to have assumed any obligation or liability of any Borrower or GuarantorLoan Party. Any payment made or other action taken by Agent or any Lender under this Section shall be without prejudice to any right to assert an Event of Default hereunder and to proceed accordingly.

Appears in 4 contracts

Samples: Credit Agreement (Adit EdTech Acquisition Corp.), Credit Agreement (Adit EdTech Acquisition Corp.), Credit Agreement (Adit EdTech Acquisition Corp.)

Right to Cure. Administrative Agent may, at its option, upon written notice to Administrative Lead Borrower, (a) cure any default by any Borrower or Guarantor under any material agreement with a third party that materially and adversely affects the Collateral, its value or the ability of Administrative Agent to collect, sell or otherwise dispose of the Collateral or the rights and remedies of Administrative Agent or any Lender therein or the ability of any Borrower or Guarantor to perform its obligations hereunder or under any of the other Financing Agreements, (b) pay or bond on appeal any judgment entered against any Borrower or Guarantor, (c) discharge taxes, liens, security interests or other encumbrances at any time levied on or existing with respect to the Collateral and (d) pay any amount, incur any expense or perform any act which, in Administrative Agent’s reasonable good faith judgment, is necessary or appropriate to preserve, protect, insure or maintain the Collateral and the rights of Administrative Agent and Lenders with respect thereto. Administrative Agent may add any amounts so expended to the Obligations and charge any Borrower’s account therefor, such amounts to be repayable by Borrowers on demand. Administrative Agent and Lenders shall be under no obligation to effect such cure, payment or bonding and shall not, by doing so, be deemed to have assumed any obligation or liability of any Borrower or Guarantor. Any payment made or other action taken by Administrative Agent or any Lender under this Section shall be without prejudice to any right to assert an Event of Default hereunder and to proceed accordingly.

Appears in 4 contracts

Samples: Loan and Security Agreement (Nash Finch Co), Loan and Security Agreement (Spartan Stores Inc), Loan and Security Agreement (SpartanNash Co)

Right to Cure. Agent Lender may, at its option, upon written notice to Administrative Borrower, (a) upon notice to Borrower ------------- cure any default by any Borrower or Guarantor under any material agreement with a third party that materially and adversely which affects the any Collateral, its the value of such Collateral or the ability of Collateral Agent or Lender to collect, sell or otherwise dispose of the such Collateral or the rights and remedies of Agent Lender hereunder or under any Lender therein of the other Financing Agreements or the ability of any Borrower or Guarantor to perform its obligations hereunder or under any of the other Financing Agreements, (b) pay or bond on appeal any judgment entered against any Borrower or Guarantor, (c) discharge taxes, liens, security interests or other encumbrances at any time levied on or existing with respect to the Collateral and (d) pay any amount, incur any expense or perform any act which, in Agent’s reasonable Lender's good faith judgment, is reasonably necessary or appropriate to preserve, protect, insure or maintain the Collateral and the rights of Collateral Agent and Lenders or Lender with respect thereto. Agent Lender may add any amounts so expended to the Obligations and charge any Borrower’s 's account therefor, such amounts to be repayable by Borrowers Borrower on demand. Agent and Lenders Lender shall be under no obligation to effect such cure, payment or bonding and shall not, by doing so, be deemed to have assumed any obligation or liability of any Borrower or GuarantorBorrower. Any payment made or other action taken by Agent or any Lender under this Section shall be without prejudice to any right to assert an Event of Default hereunder and to proceed accordingly.

Appears in 3 contracts

Samples: Loan Agreement (RBX Corp), Loan Agreement (RBX Corp), Loan Agreement (RBX Industries Inc)

Right to Cure. Agent may, at in its option, upon written notice to Administrative Borrowerdiscretion, (a) cure any default by any Borrower Loan Party under this Agreement, any other Loan Document or Guarantor under any material agreement with a third party Material Contract that materially and adversely affects the Collateral, its value or the ability of Agent to collect, sell or otherwise dispose of the any Collateral or the rights and remedies of Agent or any Lender and the Lenders therein or the ability of any Borrower or Guarantor Loan Party to perform its obligations hereunder or under any of the other Financing AgreementsLoan Documents, (b) pay or bond on appeal any judgment entered against any Borrower or GuarantorLoan Party, (c) discharge taxesany charges, liensLiens, security interests or other encumbrances at any time levied on or existing with respect to the Collateral and (d) pay any amount, incur any expense or perform any act whichwhich Agent, in Agent’s reasonable judgmentits discretion, determines is necessary or appropriate to preserve, protect, insure or maintain the Collateral and the rights of Agent and the Lenders with respect thereto. Agent may add any amounts so expended to the Obligations and charge the Loan Account or any Borrower’s other account thereforof Borrowers with Agent or the amounts thereof, such amounts to be repayable by Borrowers on demanddemand and bear interest until paid in full at the highest rate then applicable to the Loans. Agent and Lenders shall be under no obligation to effect such cure, payment or bonding and shall not, by doing so, be deemed to have assumed any obligation or liability of any Borrower or GuarantorLoan Party. Any payment made or other action taken by Agent or any Lender under this Section shall be without prejudice to any right to assert an Event of Default hereunder and to proceed accordingly.

Appears in 3 contracts

Samples: Credit Agreement (Team Inc), Credit Agreement (Team Inc), Credit Agreement (Stitch Fix, Inc.)

Right to Cure. An Agent (and all persons designated by such Agent) may, at its option, upon written notice to the Administrative Borrower, (a) cure any default by any Borrower or Guarantor under any material agreement with a third party that materially and adversely affects the Collateral, its value or the ability of an Agent to collect, sell or otherwise dispose of the Collateral or the rights and remedies of such Agent or any Lender therein or the ability of any Borrower or Guarantor to perform its obligations hereunder or under any of the other Financing AgreementsLoan Documents, (b) pay or bond on appeal any judgment entered against any Borrower or Guarantor, (c) discharge taxes, liens, security interests or other encumbrances at any time levied on or existing with respect to the Collateral and (d) pay any amount, incur any expense or perform any act which, in such Agent’s reasonable 's judgment, is necessary or appropriate to preserve, protect, insure or maintain the Collateral and the rights of Agent the Agents and the Lenders with respect thereto. Agent The Agents may add any amounts so expended to the Obligations and charge any Borrower’s 's account therefor, such amounts to be repayable by Borrowers on demand. Agent The Agents and the Lenders shall be under no obligation to effect such cure, payment or bonding and shall not, by doing so, be deemed to have assumed any obligation or liability of any Borrower or Guarantor. Any payment made or other action taken by any Agent or any Lender under this Section shall be without prejudice to any right to assert an Event of Default hereunder and to proceed accordingly.

Appears in 2 contracts

Samples: Credit Agreement (Winn Dixie Stores Inc), Credit Agreement (Winn Dixie Stores Inc)

Right to Cure. Agent may, at its option, upon written not less than three (3) Business Days’ prior notice to Administrative Borrower, (a) cure any default by any Borrower or Guarantor under any material agreement with a third party that materially and adversely affects the CollateralCollateral having a value in excess of $75,000, its value or the ability of Agent to collect, sell or otherwise dispose of the Collateral or the rights and remedies of Agent or any Lender therein or the ability of any Borrower or Guarantor to perform its obligations hereunder or under any of the other Financing Agreements, (b) pay or bond on appeal any judgment entered against any Borrower or GuarantorBorrower, (c) discharge taxes, liens, security interests or other encumbrances at any time levied on or existing with respect to the Collateral Collateral, except as to taxes the validity of which are being contested in good faith by appropriate proceedings diligently pursued and available to Borrower and with respect to which adequate reserves have been set aside on its books, so long as all rights or remedies of the taxing authority with respect thereto are at all times effectively stayed, and (d) pay any amount, incur any expense or perform any act which, in Agent’s reasonable good faith judgment, is necessary or appropriate to preserve, protect, insure or maintain the Collateral and the rights of Agent and Lenders with respect thereto. Agent may add any amounts so expended to the Obligations and charge any Borrower’s account therefor, such amounts to be repayable by Borrowers Borrower on demand. Agent and Lenders shall be under no obligation to effect such cure, payment or bonding and shall not, by doing so, be deemed to have assumed any obligation or liability of any Borrower or GuarantorBorrower. Any payment made or other action taken by Agent or any Lender under this Section shall be without prejudice to any right to assert an Event of Default hereunder and to proceed accordingly.

Appears in 2 contracts

Samples: Loan and Security Agreement (Aep Industries Inc), Loan and Security Agreement (Aep Industries Inc)

Right to Cure. Agent Lender may, at its option, upon written notice to Administrative Borrower, (a) upon notice to any Borrower (or Waxman Industries), cure any default by any Borrower or Guarantor under any material agreement with a third party that materially and adversely which affects the any Collateral, its the value of such Collateral or the ability of Agent Lender to collect, sell or otherwise dispose of the such Collateral or the rights and remedies of Agent Lender hereunder or under any Lender therein of the other Financing Agreements or the ability of any Borrower or Guarantor to perform its obligations hereunder or under any of the other Financing Agreements, (b) pay or bond on appeal any judgment entered against any Borrower or Guarantor, (c) discharge taxes, liens, security interests or other encumbrances at any time levied on or existing with respect to the Collateral and (d) pay any amount, incur any expense or perform any act which, in Agent’s reasonable Lender's good faith judgment, is reasonably necessary or appropriate to preserve, protect, insure or maintain the Collateral and the rights of Agent and Lenders Lender with respect thereto. Agent Lender may add any amounts so expended to the Obligations and charge any Borrower’s 's account therefor, such amounts to be repayable by Borrowers any Borrower on demand. Agent and Lenders Lender shall be under no obligation to effect such cure, payment or bonding and shall not, by doing so, be deemed to have assumed any obligation or liability of any Borrower or GuarantorBorrowers. Any payment made or other action taken by Agent or any Lender under this Section shall be without prejudice to any right to assert an Event of Default hereunder and to proceed accordingly.

Appears in 2 contracts

Samples: Loan and Security Agreement (Waxman Industries Inc), Loan and Security Agreement (Waxman Industries Inc)

Right to Cure. Agent (and all persons designated by Agent) may, at its option, upon written notice to the Administrative Borrower, (a) cure any default by any Borrower or Guarantor under any material agreement with a third party that materially and adversely affects the Collateral, its value or the ability of Agent to collect, sell or otherwise dispose of the Collateral or the rights and remedies of Agent or any Lender therein or the ability of any Borrower or Guarantor to perform its obligations hereunder or under any of the other Financing AgreementsLoan Documents, (b) pay or bond on appeal any judgment entered against any Borrower or Guarantor, (c) discharge taxes, liens, security interests or other encumbrances at any time levied on or existing with respect to the Collateral and (d) pay any amount, incur any expense or perform any act which, in Agent’s reasonable good faith judgment, is necessary or appropriate to preserve, protect, insure or maintain the Collateral and the rights of Agent and the Lenders with respect thereto. Agent may add any amounts so expended to the Obligations and charge any Borrower’s account therefor, such amounts to be repayable by Borrowers on demand. Agent and the Lenders shall be under no obligation to effect such cure, payment or bonding and shall not, by doing so, be deemed to have assumed any obligation or liability of any Borrower or Guarantor. Any payment made or other action taken by Agent or any Lender under this Section shall be without prejudice to any right to assert an Event of Default hereunder and to proceed accordingly.

Appears in 2 contracts

Samples: Credit Agreement (Winn Dixie Stores Inc), Credit Agreement (Winn Dixie Stores Inc)

Right to Cure. Agent may, at its option, upon written notice to Administrative Borrower, (a) cure any default by any Borrower or Guarantor under any material agreement with a third party that materially and adversely affects the Collateral, its value or the ability of Agent to collect, sell or otherwise dispose of the Collateral or the rights and remedies of Agent or any Lender therein or the ability of any Borrower or Guarantor to perform its obligations hereunder or under any of the other Financing Agreements, (b) pay or bond on appeal any judgment entered against any Borrower or Guarantor, (c) discharge taxes, liens, security interests or other encumbrances at any time levied on or existing with respect to the Collateral (except those permitted by the terms of this Agreement) and (d) pay any amount, incur any expense or perform any act which, in Agent’s 's reasonable judgment, is necessary or appropriate to preserve, protect, insure or maintain the Collateral and the rights of Agent and Lenders with respect thereto. Agent may add any amounts so expended to the Obligations and charge any Borrower’s 's account therefor, such amounts to be repayable by Borrowers on demand. Agent and Lenders shall be under no obligation to effect such cure, payment or bonding and shall not, by doing so, be deemed to have assumed any obligation or liability of any Borrower or Guarantor. Any payment made or other action taken by Agent or any Lender under this Section shall be without prejudice to any right to assert an Event of Default hereunder and to proceed accordingly.

Appears in 1 contract

Samples: Loan and Security Agreement (Keystone Consolidated Industries Inc)

Right to Cure. Working Capital Agent may, at its option, upon written notice to Administrative Borrower, (a) cure any default by any Borrower or Guarantor under any material agreement with a third party that materially and adversely affects the Collateral, its value or the ability of Working Capital Agent to collect, sell or otherwise dispose of the Collateral or the rights and remedies of Working Capital Agent or any Lender therein or the ability of any Borrower or Guarantor to perform its obligations hereunder or under any of the other Financing Agreements, (b) pay or bond on appeal any judgment entered against any Borrower or Guarantor, (c) discharge taxes, liens, security interests or other encumbrances at any time levied on or existing with respect to the Collateral and (d) pay any amount, incur any expense or perform any act which, in Working Capital Agent’s reasonable judgment, is necessary or appropriate to preserve, protect, insure or maintain the Collateral and the rights of Agent Agents and Lenders with respect thereto. Working Capital Agent may add any amounts so expended to the Obligations and charge any Borrower’s account therefor, such amounts to be repayable by Borrowers on demand. Agent Agents and Lenders shall be under no obligation to effect such cure, payment or bonding and shall not, by doing so, be deemed to have assumed any obligation or liability of any Borrower or Guarantor. Any payment made or other action taken by Agent Agents or any Lender under this Section shall be without prejudice to any right to assert an Event of Default hereunder and to proceed accordingly.

Appears in 1 contract

Samples: Loan and Security Agreement (Hancock Fabrics Inc)

Right to Cure. Agent may, at its option, upon written notice to Administrative Borrower, (a) upon three (3) Business Days prior notice to Huffy, cure any default by any such Borrower or Guarantor under any material agreement with a third party that materially and adversely which affects the any Collateral, its the value of such Collateral or the ability of Agent or any Lender to collect, sell or otherwise dispose of the such Collateral or the rights and remedies of Agent or any Lender therein or the ability of any Borrower or Guarantor to perform its obligations hereunder or under any of the other Financing Agreements, (b) pay or bond on appeal any judgment entered against any Borrower or Guarantor, (c) upon three (3) Business Days prior notice to Huffy, discharge taxes, liens, security interests or other encumbrances at any time levied on or existing with respect to the Collateral and (d) pay any amount, incur any expense or perform any act which, in Agent’s reasonable 's good faith judgment, is reasonably necessary or appropriate to preserve, protect, insure or maintain the Collateral and the rights of Agent and Lenders with respect thereto. Agent and Lenders may add any amounts so expended to the Obligations and charge any Borrower’s loan account therefor, such amounts with respect to be repayable a Borrower maintained by Borrowers on demandAgent so as to increase the amount of Loans outstanding. Agent and Lenders shall be under no obligation to effect such cure, payment or bonding and shall not, by doing so, be deemed to have assumed any obligation or liability of any Borrower or Guarantor. Any payment made or other action taken by Agent or any Lender under this Section shall be without prejudice to any right to assert an Event of Default hereunder and to proceed accordingly.any

Appears in 1 contract

Samples: Loan and Security Agreement (Huffy Corp)

Right to Cure. Agent may, at its option, upon written notice to Administrative BorrowerBorrower Agent, (a) cure any default by any Borrower or Guarantor under any material agreement with a third party that materially and adversely affects the CollateralCollateral in any material respect having a value of more than $5,000,000, its value or the ability of Agent to collect, sell or otherwise dispose of the Collateral or adversely affects in any material respect the rights and remedies of Agent or any Lender therein or the ability of any Borrower or Guarantor to perform its obligations hereunder or under any of the other Financing Agreements, (b) pay or bond on appeal any judgment entered against any Borrower or Guarantor, and/or (c) discharge taxes, liens, security interests or other encumbrances at any time levied on or existing with respect to the Collateral and (d) pay any amount, incur any expense or perform any act which, in Agent’s reasonable judgment, is necessary or appropriate to preserve, protect, insure or maintain the Collateral and the rights of Agent and Lenders with respect thereto. Agent may add any amounts so expended to the Obligations and charge any Borrower’s account therefor, such amounts to be repayable by Borrowers on demand. Agent and Lenders shall be under no obligation to effect such cure, payment or bonding and shall not, by doing so, be deemed to have assumed any obligation or liability of any Borrower or Guarantor. Any payment made or other action taken by Agent or any Lender under this Section shall be without prejudice to any right to assert an Event of Default hereunder and to proceed accordingly.

Appears in 1 contract

Samples: Loan and Security Agreement (Perry Ellis International Inc)

Right to Cure. Agent may, at its option, upon written notice to Administrative Borrower, (a) upon three (3) Business Days prior notice to Huffy, cure any default by any such Borrower or Guarantor under any material agreement with a third party that materially and adversely which affects the any Collateral, its the value of such Collateral or the ability of Agent or any Lender to collect, sell or otherwise dispose of the such Collateral or the rights and remedies of Agent or any Lender therein or the ability of any Borrower or Guarantor to perform its obligations hereunder or under any of the other Financing Agreements, (b) pay or bond on appeal any judgment entered against any Borrower or Guarantor, (c) upon three (3) Business Days prior notice to Huffy, discharge taxes, liens, security interests or other encumbrances at any time levied on or existing with respect to the Collateral and (d) pay any amount, incur any expense or perform any act which, in Agent’s reasonable 's good faith judgment, is reasonably necessary or appropriate to preserve, protect, insure or maintain the Collateral and the rights of Agent and Lenders with respect thereto. Agent and Lenders may add any amounts so expended to the Obligations and charge any Borrower’s loan account therefor, such amounts with respect to be repayable a Borrower maintained by Borrowers on demandAgent so as to increase the amount of Loans outstanding. Agent and Lenders shall be under no obligation to effect such cure, payment or bonding and shall not, by doing so, be deemed to have assumed any obligation or liability of any Borrower or GuarantorBorrowers. Any payment made or other action taken by Agent or any Lender under this Section shall be without prejudice to any right to assert an Event of Default hereunder and to proceed accordingly.

Appears in 1 contract

Samples: Loan and Security Agreement (Huffy Corp)

Right to Cure. Collateral Agent may, but is not required to, at its option, upon written notice to Administrative Borrower, any time an Event of Default exists or has occurred and is continuing (a) upon notice to any Debtor, cure any material default by any Borrower or Guarantor such Debtor under any material agreement with a third party that materially and adversely affects the Collateral, its value or the ability of Collateral Agent to collect, sell or otherwise dispose of the Collateral or the rights and remedies of Collateral Agent or any Lender therein or the ability of any Borrower or Guarantor such Debtor to perform its obligations hereunder or under any of the other Financing Noteholder Agreements, (b) pay or bond on appeal any judgment entered against any Borrower or GuarantorDebtor, (c) discharge taxes, liens, security interests or other encumbrances at any time levied on or existing with respect to the Collateral and (d) pay any amount, incur any expense or perform any act which, in Collateral Agent’s reasonable 's judgment, is necessary or appropriate to preserve, protect, insure or maintain the Collateral and the rights of Collateral Agent and Lenders with respect thereto. Collateral Agent may add any amounts so expended to the Obligations Noteholder Debt and charge any Borrower’s the applicable Debtor's account therefor, such amounts to be repayable by Borrowers such Debtor on demand. Collateral Agent and Lenders shall be under no obligation to effect such cure, payment or bonding and shall not, by doing so, be deemed to have assumed any obligation or liability of any Borrower or GuarantorDebtor. Any payment made or other action taken by Collateral Agent or any Lender under this Section shall be without prejudice to any right to assert an Event of Default hereunder and to proceed accordingly.

Appears in 1 contract

Samples: Security Agreement (Block 7932 Inc)

Right to Cure. Administrative Agent may, at its option, upon written reasonable notice to Administrative Borrower, (a) cure any default by any Borrower or Guarantor Credit Party under any material agreement with a third party that materially and adversely affects the Collateral, its value or the ability of Administrative Agent to collect, sell or otherwise dispose of the Collateral or the rights and remedies of Administrative Agent or any Lender therein or the ability of any Borrower or Guarantor Credit Party to perform its obligations hereunder or under any of the other Financing Agreements, (b) pay or bond on appeal any judgment entered against any Borrower or GuarantorCredit Party, (c) discharge taxes, liens, security interests or other encumbrances at any time levied on or existing with respect to the Collateral Collateral, other than Permitted Liens and (d) pay any amount, incur any expense or perform any act which, in Administrative Agent’s reasonable judgment, is necessary or appropriate to preserve, protect, insure or maintain the Collateral and the rights of Collateral Agent, Administrative Agent and Lenders with respect thereto. Administrative Agent may add any amounts so expended to the Obligations and charge any Borrower’s account therefor, such amounts to be repayable by Borrowers Borrower on demand. Administrative Agent and Lenders shall be under no obligation to effect such cure, payment or bonding and shall not, by doing so, be deemed to have assumed any obligation or liability of any Borrower or GuarantorCredit Party. Any payment made or other action taken by Administrative Agent or any Lender under this Section shall be without prejudice to any right to assert an Event of Default hereunder and to proceed accordingly.

Appears in 1 contract

Samples: Loan and Security Agreement (Newark Group, Inc)

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Right to Cure. Agent may, at its option, upon written notice to Administrative BorrowerBorrower Agent, (a) cure any default by any Borrower or Guarantor under any material agreement with a third party that materially and adversely affects the CollateralCollateral in any material respect having a value of more than $2,000,000, its value or the ability of Agent to collect, sell or otherwise dispose of the Collateral or adversely affects in any material respect the rights and remedies of Agent or any Lender therein or the ability of any Borrower or Guarantor to perform its obligations hereunder or under any of the other Financing Agreements, (b) pay or bond on appeal any judgment entered against any Borrower or Guarantor, (c) discharge taxes, liens, security interests or other encumbrances at any time levied on or existing with respect to the Collateral and (d) pay any amount, incur any expense or perform any act which, in Agent’s reasonable 's judgment, is necessary or appropriate to preserve, protect, insure or maintain the Collateral and the rights of Agent and Lenders with respect thereto. Agent may add any amounts so expended to the Obligations and charge any Borrower’s 's account therefor, such amounts to be repayable by Borrowers on demand. Agent and Lenders shall be under no obligation to effect such cure, payment or bonding and shall not, by doing so, be deemed to have assumed any obligation or liability of any Borrower or Guarantor. Any payment made or other action taken by Agent or any Lender under this Section shall be without prejudice to any right to assert an Event of Default hereunder and to proceed accordingly.

Appears in 1 contract

Samples: Loan and Security Agreement (Perry Ellis International Inc)

Right to Cure. Agent Lender may, at its option, upon written notice to Administrative Borrower, (a) upon notice to any Borrower, cure any default by any Borrower or Guarantor under any material agreement with a third party that materially and adversely which affects the any Collateral, its the value of such Collateral or the ability of Agent Lender to collect, sell or otherwise dispose of the such Collateral or the rights and remedies of Agent Lender hereunder or under any Lender therein of the other Financing Agreements or the ability of any Borrower or Guarantor to perform its obligations hereunder or under any of the other Financing Agreements, (b) pay or bond on appeal any judgment entered against any Borrower or Guarantor, (c) discharge taxes, liens, security interests or other encumbrances at any time levied on or existing with respect to the Collateral and (d) pay any amount, incur any expense or perform any act which, in Agent’s reasonable Lender's good faith judgment, is necessary or appropriate to preserve, protect, insure or maintain the Collateral and the rights of Agent and Lenders Lender with respect thereto. Agent Lender may add any amounts so expended to the Obligations and charge any a Borrower’s 's account therefor, such amounts to be repayable by Borrowers such Borrower on demand. Agent and Lenders Lender shall be under no obligation to effect such cure, payment or bonding and shall not, by doing so, be deemed to have assumed any obligation or liability of any Borrower or GuarantorBorrowers. Any payment made or other action taken by Agent or any Lender under this Section 7.6 shall be without prejudice to any right to assert an Event of Default hereunder and to proceed accordingly.

Appears in 1 contract

Samples: Loan and Security Agreement (Safety Components International Inc)

Right to Cure. Agent may, at its option, upon written prior notice to Administrative BorrowerBorrower (and so long as Borrowers and Guarantors have not taken such action within five (5) days after such notice, unless Agent determines in good faith that under the circumstances it must act sooner), (a) cure any material default by any Borrower or Guarantor under any material agreement with a third party that materially and adversely affects the Collateral, its value or the ability of Agent to collect, sell or otherwise dispose of the Collateral or the rights and remedies of Agent or any Lender therein or the ability of any Borrower or Guarantor to perform its obligations hereunder or under any of the other Financing AgreementsAgreements to the extent Agent determines in good faith that such action is necessary or appropriate to protect, preserve or enforce the interests of Agent or any Lender, (b) pay or bond on appeal any judgment entered against any Borrower or Guarantor, (c) discharge taxes, liens, security interests or other encumbrances at any time levied on or existing with respect to the Collateral and (d) pay any amount, incur any expense or perform any act which, in Agent’s reasonable judgment, is necessary or appropriate to preserve, protect, insure or maintain the Collateral and the rights of Agent and Lenders with respect thereto. Agent may add any amounts so expended to the Obligations and charge any Borrower’s account therefor, such amounts to be repayable by Borrowers on demand. Agent and Lenders shall be under no obligation to effect such cure, payment or bonding and shall not, by doing so, be deemed to have assumed any obligation or liability of any Borrower or Guarantor. Any payment made or other action taken by Agent or any Lender under this Section shall be without prejudice to any right to assert an Event of Default hereunder and to proceed accordingly.

Appears in 1 contract

Samples: Loan and Security Agreement (Spirit Realty Capital, Inc.)

Right to Cure. Agent may, at its option, upon written prior notice to Administrative BorrowerBorrower (and so long as Borrowers or Guarantors have not taken such action within five (5) days after such notice, unless Agent determines in good faith that under the circumstances it must act sooner), (a) cure any default by any Borrower or Guarantor under any material agreement with a third party that materially and adversely affects the Collateral, its value or the ability of Agent to collect, sell or otherwise dispose of the Collateral or the rights and remedies of Agent or any Lender therein or the ability of any Borrower or Guarantor to perform its obligations hereunder or under any of the other Financing AgreementsLoan Documents, (b) pay or bond on appeal any judgment entered against any Borrower or Guarantor, (c) discharge taxes, liens, security interests or other encumbrances at any time levied on or existing with respect to the Collateral and (d) pay any amount, incur any expense or perform any act which, in Agent’s reasonable judgment, is necessary or appropriate to preserve, protect, insure or maintain the Collateral and the rights of Agent and Lenders with respect thereto. Agent may add any amounts so expended to the Obligations and charge any Borrower’s account therefor, such amounts to be repayable by Borrowers on demandtherefor or may demand immediate payment thereof. Agent and Lenders shall be under no obligation to effect such cure, payment or bonding and shall not, by doing so, be deemed to have assumed any obligation or liability of any Borrower or Guarantor. Any payment made or other action taken by Agent or any Lender under this Section shall be without prejudice to any right to assert an Event of Default hereunder and to proceed accordinglyexercise any rights and remedies with respect thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Nu Horizons Electronics Corp)

Right to Cure. Agent may, at its option, upon written notice to Administrative BorrowerBorrower given at any time a Default or an Event of Default exists or has occurred and is continuing, (a) cure any default by any Borrower or Guarantor under any material agreement with a third party that materially and adversely affects the Collateral, its value or the ability of Agent to collect, sell or otherwise dispose of the Collateral or the rights and remedies of Agent or any Lender therein or the ability of any Borrower or Guarantor to perform its obligations hereunder or under any of the other Financing Agreements, (b) pay or bond on appeal any judgment entered against any Borrower or Guarantor, (c) discharge taxes, liens, security interests or other encumbrances at any time levied on or existing with respect to the Collateral and (d) pay any amount, incur any expense or perform any act which, in Agent’s reasonable judgment, is necessary or appropriate to preserve, protect, insure or maintain the Collateral and the rights of Agent and Lenders with respect thereto. Agent may add any amounts so expended to the Obligations and charge any Borrower’s account therefor, such amounts to be repayable by Borrowers on demand. Agent and Lenders shall be under no obligation to effect such cure, payment or bonding and shall not, by doing so, be deemed to have assumed any obligation or liability of any Borrower or Guarantor. Any payment made or other action taken by Agent or any Lender under this Section shall be without prejudice to any right to assert an Event of Default hereunder and to proceed accordingly.

Appears in 1 contract

Samples: Loan and Security Agreement (Merix Corp)

Right to Cure. Agent may, at its option, upon written notice to Administrative Borrower, (a) upon three (3) Business Days prior notice to Huffy, cure any default by any a Borrower or Guarantor under any material agreement with a third party that materially and adversely which affects the any Collateral, its the value of such Collateral or the ability of Agent or any Lender to collect, sell or otherwise dispose of the such Collateral or the rights and remedies of Agent or any Lender therein or the ability of any Borrower or Guarantor to perform its obligations hereunder or under any of the other Financing Agreements, (b) pay or bond on appeal any judgment entered against any Borrower or Guarantor, (c) upon three (3) Business Days prior notice to Huffy, discharge taxes, liens, security interests or other encumbrances at any time levied on or existing with respect to the Collateral and (d) pay any amount, incur any expense or perform any act which, in Agent’s reasonable good faith judgment, is reasonably necessary or appropriate to preserve, protect, insure or maintain the Collateral and the rights of Agent and Lenders with respect thereto. Agent and Lenders may add any amounts so expended to the Obligations and charge any Borrower’s loan account therefor, such amounts with respect to be repayable a Borrower maintained by Borrowers on demandAgent so as to increase the amount of Loans outstanding. Agent and Lenders shall be under no obligation to effect such cure, payment or bonding and shall not, by doing so, be deemed to have assumed any obligation or liability of any Borrower or Guarantor. Any payment made or other action taken by Agent or any Lender under this Section shall be without prejudice to any right to assert an Event of Default hereunder and to proceed accordingly.

Appears in 1 contract

Samples: Loan and Security Agreement (Huffy Corp)

Right to Cure. Agent Lender may, at its option, upon written at any time after the occurrence of an Event of Default and notice to Administrative the Borrower, (a) cure any default by any Borrower or any Guarantor under any material agreement Material Contract with a third party that materially and adversely affects the Collateral, its value or the ability of Agent Lender to collect, sell or otherwise dispose of the Collateral or the rights and remedies of Agent or any Lender therein or the ability of any Borrower or any Guarantor to perform its obligations hereunder or under any of the other Financing Agreements, (b) pay or bond on appeal any judgment entered against any Borrower or any Guarantor, (c) discharge taxes, liens, security interests or other encumbrances at any time levied on or existing with respect to the Collateral and (d) pay any amount, incur any expense or perform any act which, in Agent’s reasonable Lender's judgment, is necessary or appropriate to preserve, protect, insure or maintain the Collateral and the rights of Agent and Lenders Lender with respect thereto. Agent Lender may add any amounts so expended to the Obligations and charge any Borrower’s 's account therefor, such amounts to be repayable by Borrowers Borrower on demand. Agent and Lenders Lender shall be under no obligation to effect such cure, payment or bonding and shall not, by doing so, be deemed to have assumed any obligation or liability of any Borrower or any Guarantor. Any payment made or other action taken by Agent or any Lender under this Section shall be without prejudice to any right to assert an Event of Default hereunder and to proceed accordingly.

Appears in 1 contract

Samples: Loan and Security Agreement (Us Lec Corp)

Right to Cure. Agent may, at its option, upon written notice to Administrative Borrower, (a) upon notice to any Borrower (or Administrative Borrower), cure any default by any such Borrower or Guarantor under any material agreement with a third party that materially and adversely which affects the any Collateral, its the value of such Collateral or the ability of Agent or any Lender to collect, sell or otherwise dispose of the such Collateral or the rights and remedies of Agent or any Lender therein or the ability of any Borrower or Guarantor to perform its obligations hereunder or under any of the other Financing Agreements, (b) pay or bond on appeal any judgment entered against any Borrower or any Guarantor, (c) discharge taxes, liens, security interests or other encumbrances at any time levied on or existing with respect to the Collateral (other than those whose existence is permitted by this Agreement) and (d) pay any amount, incur any expense or perform any act which, in Agent’s reasonable good faith judgment, is reasonably necessary or appropriate to preserve, protect, insure or maintain the Collateral and the rights of Agent and Lenders with respect thereto. Agent and Lenders may add any amounts so expended to the Obligations and charge any Borrower’s loan account therefor, such amounts with respect to be repayable a Borrower maintained by Borrowers on demandAgent so as to increase the amount of Loans outstanding. Agent and Lenders shall be under no obligation to effect such cure, payment or bonding and shall not, by doing so, be deemed to have assumed any obligation or liability of any Borrower or GuarantorBorrowers. Any payment made or other action taken by Agent or any Lender under this Section shall be without prejudice to any right to assert an Event of Default hereunder and to proceed accordingly.

Appears in 1 contract

Samples: Loan and Security Agreement (Bell Microproducts Inc)

Right to Cure. Agent Lender may, at its option, upon written notice to Administrative Borrower, in good faith (a) cure any default by any Borrower or Guarantor under any material agreement with a third party that materially and adversely affects the Collateral, its value or the ability of Agent to collect, sell or otherwise dispose of the Collateral or the rights and remedies of Agent or any Lender therein or the ability of any Borrower or Guarantor to perform its obligations hereunder or under any of the other Financing Agreements, (b) pay or bond on appeal any judgment entered against any Borrower Borrower, if, in Lender's commercially reasonable judgment, such action is necessary or Guarantorappropriate to preserve, protect, insure or maintain the Collateral and the rights of Lender with respect thereto, (cb) discharge taxes, liens, security interests or other encumbrances at any time levied on or existing with respect to the Collateral Collateral, except any of the foregoing the validity of which is being contested in good faith by appropriate proceedings, diligently pursued by Borrower and as to which no enforcement action has been commenced or taken against any Collateral, and (dc) pay any amount, incur any expense or perform any act which, in Agent’s Lender's commercially reasonable judgment, is necessary or appropriate to preserve, protect, insure or maintain the Collateral and the rights of Agent and Lenders Lender with respect thereto. Agent Lender may add any amounts so expended to the Obligations and charge any Borrower’s 's account therefor, such amounts to be repayable by Borrowers Borrower on demand. Agent and Lenders Lender shall be under no obligation to effect such cure, payment or bonding and shall not, by doing so, be deemed to have assumed any obligation or liability of any Borrower or GuarantorBorrower. Any payment made or other action taken by Agent or any Lender under this Section shall be without prejudice to any right to assert an Event of Default hereunder and to proceed accordingly.

Appears in 1 contract

Samples: Loan and Security Agreement (Stuart Entertainment Inc)

Right to Cure. The Agent (and all persons designated by Agent) may, at its option, upon written notice to the Administrative Borrower, (a) cure any default by any Borrower or Guarantor under any material agreement with a third party that materially and adversely affects the Collateral, its value or the ability of the Agent to collect, sell or otherwise dispose of the Collateral or the rights and remedies of Agent or any Lender therein or the ability of any Borrower or Guarantor to perform its obligations hereunder or under any of the other Financing AgreementsLoan Documents, (b) pay or bond on appeal any judgment entered against any Borrower or Guarantor, (c) discharge taxes, liens, security interests or other encumbrances at any time levied on or existing with respect to the Collateral and (d) pay any amount, incur any expense or perform any act which, in Agent’s reasonable judgment, is necessary or appropriate to preserve, protect, insure or maintain the Collateral and the rights of the Agent and the Lenders with respect thereto. The Agent may add any amounts so expended to the Obligations and charge any Borrower’s account therefor, such amounts to be repayable by Borrowers on demand. The Agent and the Lenders shall be under no obligation to effect such cure, payment or bonding and shall not, by doing so, be deemed to have assumed any obligation or liability of any Borrower or Guarantor. Any payment made or other action taken by the Agent or any Lender under this Section shall be without prejudice to any right to assert an Event of Default hereunder and to proceed accordingly.

Appears in 1 contract

Samples: Credit Agreement (Winn Dixie Stores Inc)

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