Common use of Right to Perform Obligations Clause in Contracts

Right to Perform Obligations. If the Mortgagor fails to pay or perform any of its obligations hereunder or under any other Finance Document, the Mortgagee may, but without any obligation to do so and without notice, itself to pay or perform, or cause payment or performance of, such obligation, provided the Mortgagor is not contesting payment or performance in accordance with Section 2.05 and further provided that no such payment or performance shall be construed to be a cure of any Default or constitute as waiver of any Default. If pursuant to this Section 4.02, the Mortgagee shall make any payment on behalf of the Mortgagor or shall incur hereunder any expense for which the Mortgagee is entitled to reimbursement pursuant to the provisions of the Finance Documents, such Secured Obligation shall be repayable on demand and shall bear interest from the date incurred at the Default Rate. Such interest, and any other interest on the Secured Obligations payable at the Default Rate pursuant to the terms of the Finance Documents, shall accrue through the date paid notwithstanding any intervening judgment of foreclosure or sale. All such interest shall be part of the Secured Obligations and shall be secured by this Mortgage.

Right to Perform Obligations. If an Event of Default arises as a result of the failure by Mortgagor fails to pay or perform any of its obligations hereunder under Section 2.03 or under any other Finance Documentif an Actionable Event of Default shall have occurred and is continuing or upon an acceleration of the Loans in accordance with the terms of the Credit Agreement, the Mortgagee mayshall have the right, but without any obligation (i) with simultaneous notice if such payment or performance is necessary in the reasonable opinion of the Mortgagee to do so and without noticepreserve the Mortgagee’s rights under this Mortgage or with respect to the Mortgaged Property, itself or (ii) after notice given reasonably in advance to allow the Mortgagor an opportunity to cure, to pay or perform, or cause payment or performance of, perform such obligation, provided the Mortgagor is not contesting payment or performance in accordance with Section 2.05 the Credit Agreement, and further provided that no such payment or performance shall be construed to be a cure of any Default or constitute as waiver of any DefaultDefault or Secured Obligation. If pursuant to this Section 4.024.07, the Mortgagee shall make any payment on behalf of the Mortgagor or shall incur hereunder any expense for which the Mortgagee is entitled to reimbursement pursuant to the provisions of the Finance Loan Documents, such Secured Obligation shall be repayable on demand and shall bear interest from the date incurred at the Post-Default Rate. Such interest, and any other interest on the Secured Obligations payable at the Post-Default Rate pursuant to the terms of the Finance Loan Documents, shall accrue through the date paid notwithstanding any intervening judgment of foreclosure or sale. All such interest shall be part of the Secured Obligations and shall be secured by this Mortgage.

Right to Perform Obligations. If an Event of Default arises as a result of the failure by Mortgagor fails to pay or perform any of its obligations hereunder under Section 2.03 or under any other Finance Documentif an Actionable Event of Default shall have occurred and is continuing or upon an acceleration of the Loans in accordance with the terms of the Credit Agreement, the Mortgagee mayshall have the right, but without any obligation (i) with simultaneous notice if such payment or performance is necessary in the reasonable opinion of the Mortgagee to do so and without noticepreserve the Mortgagee's rights under this Mortgage or with respect to the Mortgaged Property, itself or (ii) after notice given reasonably in advance to allow the Mortgagor an opportunity to cure, to pay or perform, or cause payment or performance of, perform such obligation, provided the Mortgagor is not contesting payment or performance in accordance with Section 2.05 the Credit Agreement, and further provided that no such payment or performance shall be construed to be a cure of any Default or constitute as waiver of any DefaultDefault or Secured Obligation. If pursuant to this Section 4.024.07, the Mortgagee shall make any payment on behalf of the Mortgagor or shall incur hereunder any expense for which the Mortgagee is entitled to reimbursement pursuant to the provisions of the Finance Loan Documents, such Secured Obligation shall be repayable on demand and shall bear interest from the date incurred at the Post-Default Rate. Such interest, and any other interest on the Secured Obligations payable at the Post-Default Rate pursuant to the terms of the Finance Loan Documents, shall accrue through the date paid notwithstanding any intervening judgment of foreclosure or sale. All such interest shall be part of the Secured Obligations and shall be secured by this Mortgage.

Right to Perform Obligations. If an Event of Default arises as a result of the Mortgagor fails failure by Grantor to pay or perform any of its obligations hereunder under Section 2.03 or under any other Finance Documentif an Actionable Event of Default shall have occurred and is continuing or upon an acceleration of the Loans in accordance with the terms of the Credit Agreement, the Mortgagee mayBeneficiary shall have the right, but without any obligation (i) with simultaneous notice if such payment or performance is necessary in the reasonable opinion of the Beneficiary to do so and without noticepreserve the Beneficiary’s rights under this Deed of Trust or with respect to the Trust Property, itself or (ii) after notice given reasonably in advance to allow the Grantor an opportunity to cure, to pay or perform, or cause payment or performance of, perform such obligation, provided the Mortgagor Grantor is not contesting payment or performance in accordance with Section 2.05 the Credit Agreement, and further provided that no such payment or performance shall be construed to be a cure of any Default or constitute as waiver of any DefaultDefault or Secured Obligation. If pursuant to this Section 4.02, the Mortgagee Beneficiary shall make any payment on behalf of the Mortgagor Grantor or shall incur hereunder any expense for which the Mortgagee Beneficiary is entitled to reimbursement pursuant to the provisions of the Finance Loan Documents, such Secured Obligation shall be repayable on demand and shall bear interest from the date incurred at the Post-Default Rate. Such interest, and any other interest on the Secured Obligations payable at the Post-Default Rate pursuant to the terms of the Finance Loan Documents, shall accrue through the date paid notwithstanding any intervening judgment of foreclosure or sale. All such interest shall be part of the Secured Obligations and shall be secured by this MortgageDeed of Trust.

Right to Perform Obligations. If the Mortgagor Grantor fails to pay or perform any obligation of its obligations the Grantor hereunder or under any other Finance Security Document, the Mortgagee mayBeneficiary or the Trustee and the representatives of such Person shall have the right, but (i) without any obligation notice if an Event of Default is continuing or such payment or performance is necessary in the reasonable opinion of the Beneficiary to do so and without noticepreserve the Beneficiary's rights under this Deed of Trust or with respect to the Trust Property, itself or (ii) after reasonable notice if no Event of Default is continuing, to pay or perform, or cause payment or performance of, perform such obligation, provided the Mortgagor is not contesting payment or performance in accordance with Section 2.05 and further provided that no such payment or performance shall be construed to be a cure of any Default or constitute as waiver of any DefaultDefault or Secured Obligation. If If, pursuant to the terms of this Section 4.02Deed of Trust, the Mortgagee Beneficiary shall make any payment on behalf of the Mortgagor or Grantor, the amount so paid shall incur hereunder any expense for which be reimbursable by the Mortgagee is entitled to reimbursement pursuant Grantor immediately upon such payment together with interest accrued thereon at the Post-Default Rate to the provisions date of reimbursement. The obligation of the Finance DocumentsGrantor to reimburse the Beneficiary for such payment, such Secured Obligation shall be repayable on demand and shall bear as well as interest from the date incurred at the Default Rate. Such interestaccrued thereon, and any other interest on the Secured Obligations payable at the Default Rate pursuant to the terms of the Finance Documents, shall accrue through the date paid notwithstanding any intervening judgment of foreclosure or sale. All such interest shall be part of the Secured Obligations and shall be secured by this MortgageDeed of Trust.

Right to Perform Obligations. If the Mortgagor fails to pay or perform any obligation of its obligations the Mortgagor hereunder or under any other Finance Security Document, the Mortgagee mayand the representatives of the Mortgagee shall have the right, but (i) without any obligation notice if an Event of Default is continuing or such payment or performance is necessary in the reasonable opinion of the Mortgagee to do so and without noticepreserve the Mortgagee's rights under this Mortgage or with respect to the Mortgaged Property, itself or (ii) after reasonable notice if no Event of Default is continuing, to pay or perform, or cause payment or performance of, perform such obligation, provided the Mortgagor is not contesting payment or performance in accordance with Section 2.05 and further provided that no such payment or performance shall be construed to be a cure of any Default or constitute as waiver of any DefaultDefault or Secured Obligation. If If, pursuant to the terms of this Section 4.02Mortgage, the Mortgagee shall make any payment on behalf of the Mortgagor, the amount so paid shall be reimbursable by the Mortgagor or shall incur hereunder any expense for which immediately upon such payment together with interest accrued thereon at the Post- Default Rate to the date of reimbursement. The obligation of the Mortgagor to reimburse the Mortgagee is entitled to reimbursement pursuant to the provisions of the Finance Documentsfor such payment, such Secured Obligation shall be repayable on demand and shall bear as well as interest from the date incurred at the Default Rate. Such interestaccrued thereon, and any other interest on the Secured Obligations payable at the Default Rate pursuant to the terms of the Finance Documents, shall accrue through the date paid notwithstanding any intervening judgment of foreclosure or sale. All such interest shall be part of the Secured Obligations and shall be secured by this Mortgage.