Common use of Right to Perform Clause in Contracts

Right to Perform. If the Borrower shall fail to make any payment or to otherwise perform, observe or comply with the provisions of this Agreement or any of the other Financing Documents, then and in each such case, the Bank may (but shall be under no obligation whatsoever to) without notice to or demand upon the Borrower remedy any such failure by advancing funds or taking such action as it deems appropriate for the account and at the expense of the Borrower. The advance of any such funds or the taking of any such action by the Bank shall not be deemed or construed to cure a Default or waive performance by the Borrower of any provisions of this Agreement. The Borrower shall pay to the Bank on demand, together with interest thereon from the date advanced or incurred until paid in full at a per annum rate of interest equal at all times to the Default Rate, any such funds so advanced by the Bank and any costs and expenses advanced or incurred by or on behalf of the Bank in taking any such action, all of which shall be a part of the Obligations hereunder.

Appears in 5 contracts

Samples: Credit Agreement (Donegal Group Inc), Credit Agreement (Donegal Group Inc), Credit Agreement (Donegal Group Inc)

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Right to Perform. If the Borrower shall fail to make any payment or to otherwise perform, observe or comply with the provisions of this Agreement or any of the other Financing Documents, then and in each such case, the Bank Lender may (but shall be under no obligation whatsoever to) without notice to or demand upon the Borrower remedy any such failure by advancing funds or taking such action as it deems appropriate for the account and at the expense of the Borrower. The advance of any such funds or the taking of any such action by the Bank Lender shall not be deemed or construed to cure a an Event of Default or waive performance by the Borrower of any provisions of this Agreement. The Borrower shall pay to the Bank Lender on demand, together with interest thereon from the date advanced or incurred of such demand until paid in full at a per annum rate of interest equal at all times to the Default Rate, any such funds so advanced by the Bank Lender and any costs and expenses advanced or incurred by or on behalf of the Bank Lender in taking any such action, all of which shall be a part of the Obligations hereunder.

Appears in 2 contracts

Samples: Credit Agreement (International Assets Holding Corp), Credit and Security Agreement (International Assets Holding Corp)

Right to Perform. If the Borrower shall fail to make any payment or to otherwise perform, observe or comply with the provisions of this Agreement or any of the other Financing Documents, including applicable cure periods, if any, then and in each such case, the Bank Lender may (but shall be under no obligation whatsoever to) without notice to or demand upon the Borrower remedy any such failure by advancing funds or taking such action as it deems appropriate for the account and at the expense of the Borrower. The advance of any such funds or the taking of any such action by the Bank Lender shall not be deemed or construed to cure a an Event of Default or waive performance by the Borrower of any provisions of this Agreement. The Borrower shall pay to the Bank Lender on demand, together with interest thereon from the date advanced or incurred until paid in full at a per annum rate of interest equal at all times to the Default Rate, any such funds so advanced by the Bank Lender and any costs and expenses advanced or incurred by or on behalf of the Bank Lender in taking any such action, all of which shall be a part of the Obligations hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Optical Cable Corp), Special Project Loan Agreement (Optical Cable Corp)

Right to Perform. If the Borrower Borrowers shall fail to make any payment or to otherwise perform, observe or comply with the provisions of this Agreement or any of the other Financing Documents, then and in each such case, the Bank Lender may (but shall be under no obligation whatsoever to) without notice to or demand upon the Borrower Borrowers remedy any such failure by advancing funds or taking such action as it deems appropriate for the account and at the expense of the BorrowerBorrowers. The advance of any such funds or the taking of any such action by the Bank Lender shall not be deemed or construed to cure a an Event of Default or waive performance by the Borrower Borrowers of any provisions of this Agreement. The Borrower Borrowers shall pay to the Bank Lender on demand, together with interest thereon from the date advanced or incurred of such demand until paid in full at a per annum rate of interest equal at all times to the Default Rate, any such funds so advanced by the Bank Lender and any costs and expenses advanced or incurred by or on behalf of the Bank Lender in taking any such action, all of which shall be a part of the Obligations hereunder.

Appears in 1 contract

Samples: Credit Agreement (International Assets Holding Corp)

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Right to Perform. If the Borrower Borrowers shall fail to make any payment or to otherwise perform, observe or comply with the provisions of this Agreement or any of the other Financing Documents, then and in each such case, the Bank may (but shall be under no obligation whatsoever to) without notice to or demand upon the Borrower Borrowers remedy any such failure by advancing funds or taking such action as it deems appropriate for the account and at the expense of the BorrowerBorrowers. The advance of any such funds or the taking of any such action by the Bank shall not be deemed or construed to cure a an Event of Default or waive performance by the Borrower Borrowers of any provisions of this Agreement. The Borrower Borrowers shall jointly and severally pay to the Bank on demand, together with interest thereon from the date advanced or incurred until paid in full at a per annum rate of interest equal at all times to the Default Rate, any such funds so advanced by the Bank and any costs and expenses advanced or incurred by or on behalf of the Bank in taking any such action, all of which shall be a part of the Obligations hereunder.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Gse Systems Inc)

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