Secured Party May Perform. If the Grantor fails to perform any obligation contained in this Agreement, the Secured Party may itself perform, or cause performance of, such obligation, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the Grantor.
Appears in 41 contracts
Samples: Security Agreement (1847 Goedeker Inc.), Canadian Security Agreement (TILT Holdings Inc.), Security Agreement (Cardiff Lexington Corp)
Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantors under Section 18(b) hereof.
Appears in 15 contracts
Samples: Security Agreement (Quidel Corp /De/), Credit Agreement (FTD Group, Inc.), Credit Agreement (Quidel Corp /De/)
Secured Party May Perform. If the a Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party Party, at its option, may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantors under Section 8.4.
Appears in 12 contracts
Samples: Security Agreement (Q BioMed Inc.), Security Agreement (Cantabio Pharmaceuticals Inc.), Security Agreement (Carbonics Capital Corp)
Secured Party May Perform. If the a Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party Party, at its option, may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the Grantorsuch Grantor under Section 8.3.
Appears in 12 contracts
Samples: Security Agreement (Neomedia Technologies Inc), Security Agreement (Ir Biosciences Holdings Inc), Securities Purchase Agreement (Infinity Resources Holdings Corp.)
Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantors.
Appears in 11 contracts
Samples: Intercreditor Agreement (Manchester Financial Group, LP), Intercreditor Agreement (NextWave Wireless Inc.), Intercreditor Agreement (NextWave Wireless Inc.)
Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party so incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 13(b) hereof.
Appears in 11 contracts
Samples: Security Agreement (Neptune Society Inc/Fl), Security Agreement (Neptune Society Inc/Fl), Security Agreement (Neptune Society Inc/Fl)
Secured Party May Perform. If the Grantor fails Grantors fail to perform any obligation agreement contained in this Agreementherein, the Secured Party Party, at its option, may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantors under Section 8.3.
Appears in 10 contracts
Samples: Security Agreement (Us Fuel Corp), Security Agreement (Bitzio, Inc.), Security Agreement (Premier Beverage Group Corp)
Secured Party May Perform. If the a Grantor fails to perform any obligation contained in this Agreement, the Secured Party may itself perform, or cause performance of, such obligation, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the any Grantor.
Appears in 7 contracts
Samples: Junior Security Agreement (TILT Holdings Inc.), Security Agreement, Security Agreement (TILT Holdings Inc.)
Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself may, in its discretion, perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by Grantor together with interest at the Grantor; provided that the Late Charge Rate upon demand by Secured Party and such expenses and interest shall not constitute Obligations and be required to perform or discharge any obligation of the Grantorsecured by this Security Agreement.
Appears in 7 contracts
Samples: Security Agreement, Purpose Security Agreement, Public Purpose Security Agreement
Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party Party, at its option, may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 8.4.
Appears in 7 contracts
Samples: Security Agreement (Seedo Corp.), Security Agreement (Generation Alpha, Inc.), Security Agreement (Kona Gold Beverage, Inc.)
Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 16.
Appears in 7 contracts
Samples: Credit Agreement (Enstar Income Program Iv-1 Lp), Credit Agreement (Enstar Income Program Iv-2 Lp), Security Agreement (Santa Fe Gaming Corp)
Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantors under Section 19(b).
Appears in 6 contracts
Samples: Security Agreement (Ackerley Group Inc), Credit Agreement (Planvista Corp), Credit Agreement (Integrated Defense Technologies Inc)
Secured Party May Perform. If the Grantor any of Grantors fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the reasonable expenses of the Secured Party incurred in connection therewith shall be payable payable, jointly and severally, by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantors.
Appears in 6 contracts
Samples: Security Agreement (Implant Sciences Corp), Security Agreement (Blast Energy Services, Inc.), Patent Security Agreement (Pedevco Corp)
Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the reasonable expenses of the Secured Party incurred in connection therewith shall be payable payable, jointly and severally, by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantors.
Appears in 5 contracts
Samples: Guaranty and Security Agreement (Emmis Communications Corp), Security Agreement (Loud Technologies Inc), Security Agreement (Loud Technologies Inc)
Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the Grantorsuch Grantor under Section 15.
Appears in 4 contracts
Samples: Credit Agreement (Aurora Foods Inc /De/), Security Agreement (Outsourcing Solutions Inc), Security Agreement (MBW Foods Inc)
Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 19.
Appears in 4 contracts
Samples: Credit Agreement (Dominicks Supermarkets Inc), Security Agreement (Diamond Brands Operating Corp), Credit Agreement (FWT Inc)
Secured Party May Perform. If the Grantor fails to perform and/or observe any obligation term, covenant or condition contained herein or in this the Funding Agreement, the Secured Party may itself may, in its discretion, perform, or cause performance and/or observance of, such obligationterm, covenant or condition, and the expenses of the Secured Party incurred in connection therewith shall be payable by Grantor together with interest at the Grantor; provided that the Late Charge Rate upon demand by Secured Party and such expenses and interest shall not constitute Obligations and be required to perform or discharge any obligation of the Grantorsecured by this Security Agreement.
Appears in 4 contracts
Samples: City Purpose Security Agreement, Public Purpose Security Agreement, Purpose Security Agreement
Secured Party May Perform. (a) If the any Grantor fails to perform any obligation agreement contained in this Agreementherein after receipt of written notice thereof from the Secured Party, the Secured Party may may, but without any obligation to do so, itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the Grantorsuch Grantor under Section 17 hereof.
Appears in 4 contracts
Samples: Security Agreement (Gap Inc), Security Agreement (Gap Inc), Security Agreement (Gap Inc)
Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 20.
Appears in 4 contracts
Samples: Security Agreement (Eldorado Resorts LLC), Guarantor Security Agreement (Eldorado Resorts LLC), Company Security Agreement (Players International Inc /Nv/)
Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required Grantor pursuant to perform or discharge any obligation of the GrantorSection 6.2 hereof.
Appears in 4 contracts
Samples: Borrower Copyright Security Agreement (Surebeam Corp), Borrower Copyright Security Agreement (Surebeam Corp), Borrower Copyright Security Agreement (Titan Corp)
Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required such Grantor pursuant to perform or discharge any obligation of the GrantorSection 6.2 hereof.
Appears in 4 contracts
Samples: Borrower Copyright Security Agreement (Titan Corp), Borrower Copyright Security Agreement (Surebeam Corp), Borrower Copyright Security Agreement (Surebeam Corp)
Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the Grantorsuch Grantor under Section 19(b).
Appears in 4 contracts
Samples: Security Agreement (Aurora Foods Inc /Md/), Credit Agreement (Aurora Foods Inc /De/), Security Agreement (Outsourcing Solutions Inc)
Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the each Grantor under Section 5.6. Secured Party shall endeavor to provide Grantor with notice of any action by Secured Party pursuant to the preceding sentence; provided, any failure to provide any such notice shall not be required to perform impair any right or discharge action of Secured Party or any obligation of the GrantorSecured Creditor.
Appears in 3 contracts
Samples: Credit Agreement (Powersecure International, Inc.), Credit Agreement (Powersecure International, Inc.), Security Agreement (Powersecure International, Inc.)
Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 15.
Appears in 3 contracts
Samples: Credit Agreement (FWT Inc), Security Agreement (Diamond Brands Operating Corp), Company Trademark Collateral Security Agreement (FWT Inc)
Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, upon the occurrence and during the continuance of an Event of Default, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the reasonable expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the Grantor.
Appears in 3 contracts
Samples: Security Agreement (Resonant Inc), Security Agreement (Resonant Inc), Security Agreement (Resonant Inc)
Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required Borrower pursuant to perform or discharge any obligation Section 10.3 of the GrantorCredit Agreement.
Appears in 3 contracts
Samples: Pledge and Security Agreement (Alliqua BioMedical, Inc.), Pledge and Security Agreement (Vbi Vaccines Inc.), Patent Security Agreement (Paulson Capital (Delaware) Corp.)
Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantors under Section 18(b).
Appears in 3 contracts
Samples: Security Agreement (Panolam Industries International Inc), Credit Agreement (Urs Corp /New/), Credit Agreement (Sybron Dental Specialties Inc)
Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 14(b).
Appears in 2 contracts
Samples: Security Agreement (Synthetic Industries Inc), Subsidiary Security Agreement (Doughties Foods Inc)
Secured Party May Perform. If the Grantor Grantors fails to perform any obligation contained in this Agreement, the Secured Party may itself perform, or cause performance of, such obligation, and the expenses of the Secured Party incurred in connection therewith shall be payable by the GrantorGrantors; provided that the Secured Party shall not be required to perform or discharge any obligation of the Grantor.Grantors. CONFIDENTIAL AND RESTRICTED
Appears in 2 contracts
Samples: Guaranty Agreement (Boxlight Corp), Guaranty Agreement (Boxlight Corp)
Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party Party, at its option, may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the Grantorsuch Grantor under Section 8.3.
Appears in 2 contracts
Samples: Amended and Restated Security Agreement (Homeland Security Capital CORP), Amended and Restated Security Agreement (Homeland Security Capital CORP)
Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party Party, with prior written notice to Grantor, may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 13 hereof.
Appears in 2 contracts
Samples: Security Agreement (Findex Com Inc), Security Agreement (Save on Energy Inc)
Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantors under Section 15(b).
Appears in 2 contracts
Samples: Credit Agreement (Sunrise Medical Inc), Security Agreement (Wolverine Tube Inc)
Secured Party May Perform. If the Grantor fails to perform any obligation contained in this Agreement, the Secured Party may itself perform, or cause performance of, such obligation, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the Grantor.
Appears in 2 contracts
Samples: Security Agreement (Pacific Ethanol, Inc.), Security Agreement (Acer Therapeutics Inc.)
Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party Party, upon notice to Grantor, may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantors under Section 19(b).
Appears in 2 contracts
Samples: Security Agreement (Autotote Corp), Security Agreement (Autotote Corp)
Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the reasonable expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 13 hereof.
Appears in 2 contracts
Samples: Membership Interest Security Agreement (Players International Inc /Nv/), Partnership Interest Security Agreement (Players International Inc /Nv/)
Secured Party May Perform. If Upon the occurrence and during the continuation of an Event of Default, if any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantors in accordance with Section 18(b) hereof.
Appears in 2 contracts
Samples: Security Agreement (United Online Inc), Credit Agreement (United Online Inc)
Secured Party May Perform. If the Grantor fails to perform any obligation contained in this Agreement, the during an Event of Default, Secured Party may itself perform, or cause performance of, such obligation, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the Grantor.
Appears in 2 contracts
Samples: Revolving Credit Agreement (TCW Direct Lending LLC), Security Agreement (TCW Direct Lending LLC)
Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantors under Section 17(b) hereof.
Appears in 2 contracts
Samples: Pledge and Security Agreement (Levi Strauss & Co), Pledge and Security Agreement (Levi Strauss & Co)
Secured Party May Perform. If the a Grantor fails to perform any obligation contained in this Agreement, the Secured Party may itself perform, or cause performance of, such obligationobligation (solely to the extent necessary to preserve the existence of its security interest in the Collateral), and the expenses of the Secured Party incurred in connection therewith shall be payable by the such Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the a Grantor.
Appears in 2 contracts
Samples: Guaranty and Security Agreement (Augusta Gold Corp.), Guaranty and Security Agreement (Augusta Gold Corp.)
Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party Party, at its option, may itself perform, or cause performance of, such obligationagreement, and the reasonable expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 8.4.
Appears in 2 contracts
Samples: Security Agreement (Kraig Biocraft Laboratories, Inc), Security Agreement (Kraig Biocraft Laboratories, Inc)
Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein after having a reasonable opportunity therefor, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 11(b).
Appears in 2 contracts
Samples: Reimbursement and Security Agreement (Southwall Technologies Inc /De/), Reimbursement and Security Agreement (Southwall Technologies Inc /De/)
Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required Grantor pursuant to perform or discharge any obligation Clause 15.3 of the GrantorLoan Agreement.
Appears in 1 contract
Samples: Patent Security Agreement (Affimed Therapeutics B.V.)
Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the reasonable expenses of the Secured Party incurred in connection therewith shall be payable payable, jointly and severally, by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantors.
Appears in 1 contract
Samples: Security Agreement (Workstream Inc)
Secured Party May Perform. If the either Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Grantors under Section 20. Nothing contained herein shall obligate Secured Party shall not be required to perform or discharge take any obligation of the Grantorsuch action.
Appears in 1 contract
Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the reasonable expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 14 hereof.
Appears in 1 contract
Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantors under Section 12(b) hereof.
Appears in 1 contract
Secured Party May Perform. If the Grantor fails to perform or comply with any obligation of its agreements contained in herein, the Secured Party, as provided for by the terms of this Agreement, the Secured Party may may, but shall not be obligated to, itself performperform or comply, or otherwise cause performance ofor compliance, with such obligationagreement, and the reasonable expenses of the Secured Party incurred in connection therewith with such performance or compliance, together with interest thereon at the highest rate then in effect in respect of the Loans, shall be payable by the Grantor; provided that Grantor to the Secured Party on demand and shall not be required to perform or discharge any obligation of the Grantorconstitute Obligations secured hereby.
Appears in 1 contract
Samples: Security Agreement (Covad Communications Group Inc)
Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the reasonable out-of-pocket expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the Grantor.
Appears in 1 contract
Secured Party May Perform. If the such Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that such Grantors and be part of the Secured Party shall not be required to perform or discharge any obligation of the GrantorObligations.
Appears in 1 contract
Samples: Pledge and Security Agreement (Fruehauf Trailer Corp)
Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may may, but without any obligation to do so and without notice, itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 15.
Appears in 1 contract
Secured Party May Perform. If the a Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party Party, at its option, may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 8.3.
Appears in 1 contract
Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained herein, or any act which the Grantor fails to perform after being requested in this Agreementwriting by the Secured Party to perform (it being understood that no such request need be given after the occurrence and during the continuation of an Event of Default), the Secured Party may itself perform, or cause performance of, such obligationagreement or such act, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation Grantor within fifteen (15) days of the Grantorwritten demand.
Appears in 1 contract
Samples: Pledge and Security Agreement (Airtran Holdings Inc)
Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the Grantorsuch Grantor under Section 14 hereof.
Appears in 1 contract
Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the reasonable expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantors under Section 21(a).
Appears in 1 contract
Samples: Security Agreement (Green Plains Renewable Energy, Inc.)
Secured Party May Perform. If the a Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party Party, at its option, may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 8.4.
Appears in 1 contract
Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may may, but shall not be obligated to, itself perform, or cause performance of, such obligationagreement, and the reasonable expenses of the Secured Party incurred in connection therewith shall be payable payable, jointly and severally, by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantors.
Appears in 1 contract
Samples: Security and Pledge Agreement (Gelesis Holdings, Inc.)
Secured Party May Perform. If the Grantor fails to perform any obligation contained in this Security Agreement, the Secured Party may itself perform, or cause performance of, such obligation, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the Grantor.
Appears in 1 contract
Samples: Security Agreement (American Cannabis Company, Inc.)
Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may may, but without any obligation to do so and without notice, itself perform, perform or cause performance of, such obligationagreement, and the expenses of the Secured Party reasonably incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 13.
Appears in 1 contract
Samples: Security Agreement (Flagstone Reinsurance Holdings LTD)
Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the reasonable and documented expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the such Grantor under Section 5.7. Secured Party shall provide such Grantor with notice of any action by Secured Party pursuant to the preceding sentence; provided, any failure to provide any such notice shall not be required to perform impair any right or discharge action of Secured Party or any obligation of the Grantorother Secured Creditor.
Appears in 1 contract
Samples: Credit Agreement (BG Staffing, Inc.)
Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that such Grantor to the Secured Party shall not be required to perform or discharge any obligation of upon demand by the GrantorSecured Party.
Appears in 1 contract
Secured Party May Perform. If the Grantor any of Grantors fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the reasonable out-of-pocket expenses of the Secured Party incurred in connection therewith shall be payable payable, jointly and severally, by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantors.
Appears in 1 contract
Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 12(b).
Appears in 1 contract
Samples: Security Agreement (National Manufacturing Technologies)
Secured Party May Perform. If the Grantor fails to perform perform, or cause to be performed, any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the reasonable expenses of the Secured Party incurred in connection therewith therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 12(b).
Appears in 1 contract
Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the after notice to each Grantor, Secured Party may itself perform, or cause performance of, such obligation, agreement and the expenses of the Secured Party Party, incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantors under Section 16 hereof.
Appears in 1 contract
Samples: Cash Collateral Account Agreement (Ugly Duckling Corp)
Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 13 hereof.
Appears in 1 contract
Samples: Put/Call Agreement (Planetout Inc)
Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the Grantorsuch Grantor under Section 15(b).
Appears in 1 contract
Samples: Guaranty and Security Agreement (Ascent Assurance Inc)
Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the reasonable expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 12 hereof.
Appears in 1 contract
Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may may, but without any obligation to do so and without notice, itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 15(b).
Appears in 1 contract
Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of (but shall not be obligated to perform or cause the performance of), such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantors under Section 19(b).
Appears in 1 contract
Secured Party May Perform. If the any Grantor fails to perform any obligation contained in this AgreementAgreement after such demand therefor from Secured Party as is reasonable under the then-existing circumstances, the Secured Party may itself perform, or cause performance of, such obligation, and the expenses of the Secured Party incurred in connection therewith shall be payable by the any Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the any Grantor.
Appears in 1 contract
Secured Party May Perform. If the any Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the such Grantor.
Appears in 1 contract
Secured Party May Perform. If the Grantor fails to perform any obligation contained in this Agreement, the Secured Party may itself perform, or cause performance of, such obligation, and the expenses of the Secured Party incurred in connection therewith shall will be payable by the Grantor; , provided that the Secured Party shall will not be required to perform or discharge any obligation of the Grantor.
Appears in 1 contract
Secured Party May Perform. If the Grantor fails to perform any obligation contained in this Agreement, the Secured Party may itself perform, or cause performance of, such obligation, and the expenses of the Secured Party incurred in connection therewith shall be is payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the Grantor.
Appears in 1 contract
Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may after reasonable notice to Grantor itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by Grantor in accordance with the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation terms of the GrantorCredit Agreement.
Appears in 1 contract
Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under SECTION 14(b).
Appears in 1 contract
Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation Grantor under SECTION 16.13 of the GrantorLoan Agreement.
Appears in 1 contract
Secured Party May Perform. If the Grantor fails to perform any obligation agreement or covenant contained in this Agreementherein, the Secured Party may itself perform, perform or cause the performance of, of such obligationagreement or covenant, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Grantor under Section 11. However, nothing in this Agreement shall obligate Secured Party shall not be required to perform or discharge any obligation act. Table of the Grantor.Contents
Appears in 1 contract
Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this herein, under the Purchase Agreement, or the Note, then the Secured Party may itself perform, or cause the performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the Grantor.
Appears in 1 contract
Samples: Security Agreement (Cinemastar Luxury Theaters Inc)
Secured Party May Perform. If the Grantor fails to perform any obligation of its obligations contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationobligations, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor pursuant to Section 6.2. The Secured Party agrees to provide 30 days’ written notice to the Grantor before performing any such obligations of the Grantor; provided that , unless the Secured Party shall not be required to perform reasonably believes that such performance is necessary or discharge any obligation desirable for the preservation or protection of the GrantorCollateral in which event no such notice shall be required.
Appears in 1 contract
Samples: Security Agreement (Tucows Inc /Pa/)
Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may may, but shall not be obligated to, itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Grantor under Section 14 hereof and constitute Secured Party shall not be required to perform or discharge any obligation of the GrantorObligations secured hereby.
Appears in 1 contract
Samples: Intellectual Property Security Agreement (Covad Communications Group Inc)
Secured Party May Perform. If the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may itself perform, or cause performance of, such obligationagreement, and the reasonable expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the Grantor.
Appears in 1 contract
Samples: Security Agreement (S&W Seed Co)
Secured Party May Perform. If Subject to the Intercreditor Agreement, if the Grantor fails to perform any obligation agreement contained in this Agreementherein, the Secured Party may may, but without any obligation to do so and without notice, itself perform, or cause performance of, such obligationagreement, and the expenses of the Secured Party incurred in connection therewith shall be payable by the Grantor; provided that the Secured Party shall not be required to perform or discharge any obligation of the GrantorGrantor under Section 15.
Appears in 1 contract
Samples: Security Agreement (Health Enhancement Products Inc)
