Common use of Collateral Agent May Perform Clause in Contracts

Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by the Pledgor pursuant to Section 6.4.

Appears in 12 contracts

Samples: Gfi Pledge Agreement (Foamex Fibers Inc), Subsidiary Pledge Agreement (Foamex Fibers Inc), Subsidiary Pledge Agreement (Foamex Fibers Inc)

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Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by the Pledgor pursuant to under Section 6.414.

Appears in 7 contracts

Samples: Credit Agreement (CMS Energy Corp), Cash Collateral Agreement (Consumers Energy Co), Credit Agreement (CMS Energy Corp)

Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained herein, the Collateral Agent may may, but shall not be obligated to, itself perform, perform or cause performance of, of such agreement, and the expenses incurred by or on behalf of the Collateral Agent incurred in connection therewith shall be payable by the Pledgor pursuant to under Section 6.414 hereof.

Appears in 5 contracts

Samples: Pledge and Security Agreement (Onepoint Communications Corp /De), Pledge and Security Agreement (Pac-West Telecomm Inc), Pledge Agreement (Orbital Imaging Corp)

Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained herein, the Collateral Agent may may, as the Collateral Agent deems necessary to protect the security interest granted hereunder in the Collateral or to protect the value thereof, but without any obligation to do so and without notice, itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by the Pledgor pursuant to under Section 6.414.

Appears in 4 contracts

Samples: Collateral Agency Agreement (Puget Sound Energy Inc), Credit Agreement (Puget Energy Inc /Wa), Collateral Agency Agreement (Puget Energy Inc /Wa)

Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Collateral Agent incurred in connection therewith shall be payable by the Pledgor pursuant to under Section 6.414 hereof.

Appears in 3 contracts

Samples: Pledge and Security Agreement (Willcox & Gibbs Inc /De), Pledge Agreement (Gothic Energy Corp), Pledge and Security Agreement (Willcox & Gibbs Inc /De)

Collateral Agent May Perform. If the a Pledgor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by reimbursed in accordance with Section 13.5 of the Pledgor pursuant to Section 6.4Credit Agreement.

Appears in 3 contracts

Samples: Intercreditor Agreement (Canada Goose Holdings Inc.), Intercreditor Agreement (Canada Goose Holdings Inc.), Intercreditor Agreement (Canada Goose Holdings Inc.)

Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained herein, then the Collateral Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Collateral Agent incurred in connection therewith shall be payable by the Pledgor pursuant to Section 6.46.5, and the Collateral Agent may from time to time take any other action which the Collateral Agent reasonably deems necessary for the maintenance, preservation or protection of any of the Collateral or of its security interest therein.

Appears in 3 contracts

Samples: Credit Agreement (U.S. Shipping Partners L.P.), Pledge Agreement (National Energy Group Inc), Pledge Agreement (National Energy Group Inc)

Collateral Agent May Perform. (a) If the Pledgor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and such performance shall not relieve the Pledgor of any default in respect of the Pledgor’s failure and the expenses of the Collateral Agent incurred in connection therewith shall be payable by the Pledgor pursuant to under Section 6.410 hereof.

Appears in 3 contracts

Samples: Indenture (Transocean Ltd.), Account Pledge Agreement (Transocean Ltd.), Share Pledge Agreement (Transocean Ltd.)

Collateral Agent May Perform. If the any Pledgor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by the Pledgor pursuant to Pledgors under Section 6.415.

Appears in 3 contracts

Samples: Credit Agreement (Stellex Industries Inc), Credit Agreement (General Inspection Laboratories Inc), Credit Agreement (General Inspection Laboratories Inc)

Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, of such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by the Pledgor pursuant to under Section 6.4.6B.

Appears in 3 contracts

Samples: Pledge Agreement (Hampshire Group LTD), Pledge Agreement (Hampshire Group LTD), Pledge Agreement (Hampshire Group LTD)

Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent (including the reasonable fees and expenses of its counsel) incurred in connection therewith shall be payable by the Pledgor pursuant to Section 6.413 hereof.

Appears in 3 contracts

Samples: Pledge Agreement (Dayton Power & Light Co), Pledge Agreement (Dayton Power & Light Co), Pledge Agreement (Central Illinois Light Co)

Collateral Agent May Perform. If the any Pledgor fails falls to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by the such Pledgor pursuant to Section 6.46.5 hereof.

Appears in 2 contracts

Samples: Stock Pledge and Security Agreement (Sterling Chemical Inc), Stock Pledge and Security Agreement (Sterling Chemical Inc)

Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained herein, the Price Note Collateral Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Price Note Collateral Agent incurred in connection therewith shall be payable by the Pledgor pursuant to under Section 6.415 hereof.

Appears in 2 contracts

Samples: Pledge Agreement (Excel Legacy Corp), Pledge Agreement (Excel Legacy Corp)

Collateral Agent May Perform. If the Pledgor fails to perform ---------------------------- any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by the Pledgor pursuant to Section 6.46.5 hereof.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Unwired Telecom Corp), Pledge and Security Agreement (Unwired Telecom Corp)

Collateral Agent May Perform. If the any Pledgor fails to perform any agreement contained herein, the then Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by the such Pledgor pursuant to under Section 6.413(b).

Appears in 2 contracts

Samples: Pledge Agreement (Standard Pacific Corp /De/), Pledge Agreement (Standard Pacific Corp /De/)

Collateral Agent May Perform. If Upon the occurrence and during the continuance of an Event of Default, if the Pledgor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Collateral Agent incurred in connection therewith shall be payable by part of the Pledgor pursuant to Section 6.4Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Pacific Ethanol, Inc.), Pledge and Security Agreement (Pacific Ethanol, Inc.)

Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent (including the reasonable fees and expenses of its counsel) incurred in connection therewith shall be payable by the Pledgor pursuant to Section 6.414 hereof.

Appears in 2 contracts

Samples: Pledge Agreement (Ipalco Enterprises, Inc.), Pledge Agreement (Ipalco Enterprises Inc)

Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Collateral Agent incurred in connection therewith shall be payable by the Pledgor pursuant to under Section 6.414 hereof and shall constitute Secured Obligations hereunder.

Appears in 2 contracts

Samples: Indenture (Finlay Enterprises Inc /De), Security and Pledge Agreement (Finlay Enterprises Inc /De)

Collateral Agent May Perform. If the any Pledgor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable jointly and severally by the Pledgor pursuant to Pledgors under Section 6.412 hereof and constitute Secured Obligations secured hereby.

Appears in 2 contracts

Samples: Notes Repurchase and Warrant Purchase Agreement (China Security & Surveillance Technology, Inc.), Pledge and Security Agreement (Tu Guo Shen)

Collateral Agent May Perform. If the any Pledgor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by the such Pledgor pursuant to Section 6.4.

Appears in 1 contract

Samples: Pledge Agreement (Sterling Chemicals Inc)

Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Collateral Agent incurred in connection therewith shall be payable by the Pledgor pursuant to under Section 6.414.

Appears in 1 contract

Samples: Pledge Agreement (Winmark Corp)

Collateral Agent May Perform. If the any Pledgor fails to perform any agreement contained herein, the Collateral Agent may may, as the Collateral Agent deems necessary to protect the security interest granted hereunder in the Collateral or to protect the value thereof, but without any obligation to do so and without notice, itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by the such Pledgor pursuant to under Section 6.414.

Appears in 1 contract

Samples: Credit Agreement (Cracker Barrel Old Country Store, Inc)

Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by the Pledgor pursuant to Section SECTION 6.4.

Appears in 1 contract

Samples: Pledge Agreement (Worthington Industries Inc)

Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained herein, the Collateral Agent or any Lender may itself perform, perform or cause performance of, such agreement, and the expenses of the Collateral Agent or such Lender incurred in connection therewith shall be payable by the Pledgor pursuant to under Section 6.413.

Appears in 1 contract

Samples: Pledge Agreement (JLM Industries Inc)

Collateral Agent May Perform. If the any Pledgor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by the Pledgor pursuant to Pledgors under Section 6.414(b).

Appears in 1 contract

Samples: Pledge Agreement (Artistdirect Inc)

Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained hereinherein after the period in which such performance is required, the Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by the Pledgor pursuant to under Section 6.415(b). SECTION 11.

Appears in 1 contract

Samples: Subsidiary Pledge Agreement (Total Renal Care Holdings Inc)

Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained herein, the Debentures Collateral Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Debentures Collateral Agent incurred in connection therewith shall be payable by the Pledgor pursuant to under Section 6.415 hereof.

Appears in 1 contract

Samples: Pledge Agreement (Excel Legacy Corp)

Collateral Agent May Perform. If the either Pledgor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by the such Pledgor pursuant to Section 6.46.3.

Appears in 1 contract

Samples: Intercreditor Agreement (Boston Chicken Inc)

Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained hereinin this Agreement, the Collateral Agent Agent, for the benefit of Lenders, may itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent Lender incurred in connection therewith shall be payable by the Pledgor pursuant to under Section 6.410(a).

Appears in 1 contract

Samples: Exhibit 5 Pledge Agreement (Newest Mezzaninie Lp)

Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained herein, the Majority Holders may authorize the Collateral Agent may itself to perform, or cause the performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by the Pledgor pursuant to under Section 6.412 hereof and constitute Secured Obligations secured hereby.

Appears in 1 contract

Samples: Pledge Agreement (Mail Com Inc)

Collateral Agent May Perform. If the Pledgor fails to perform any agreement obligation contained hereinin this Agreement, the Collateral Agent may itself perform, or cause performance of, such agreementobligation, and the expenses of the Collateral Agent Secured Party incurred in connection therewith shall be payable by Pledgor; provided that the Pledgor pursuant Collateral Agent shall not be required to Section 6.4perform or discharge any obligation of Pledgor.

Appears in 1 contract

Samples: Stock Pledge Agreement (Chindex International Inc)

Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Collateral Agent incurred in connection therewith shall be payable by the Pledgor pursuant to in accordance with Section 6.412.

Appears in 1 contract

Samples: Pledge and Security Agreement (Dr. Tattoff, Inc.)

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Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by the Pledgor pursuant to under Section 6.417.

Appears in 1 contract

Samples: Securities Pledge Agreement (Medical Technology Systems Inc /De/)

Collateral Agent May Perform. If the Pledgor fails to perform ---------------------------- any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Collateral Agent incurred in connection therewith shall be payable by the Pledgor pursuant to under Section 6.414 hereof.

Appears in 1 contract

Samples: Pledge Agreement (MRS Fields Holding Co Inc)

Collateral Agent May Perform. If Upon the occurrence and during the continuance of an Event of Default, if the Pledgor fails to perform any agreement contained herein, the Collateral Agent may (but shall not be obligated to) itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by part of the Pledgor pursuant to Section 6.4Secured Obligations.

Appears in 1 contract

Samples: Equity Pledge Agreement (Us Geothermal Inc)

Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained herein, the Collateral Agent may may, but shall not be required to, itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by the Pledgor pursuant Pledgor, together with interest thereon at the Default Rate, to Section 6.4the Collateral Agent on demand and shall constitute obligations secured hereby.

Appears in 1 contract

Samples: Intercreditor and Collateral Agency Agreement (Northwest Natural Gas Co)

Collateral Agent May Perform. If the any Pledgor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by such Pledgor under subsection 10.2 of the Pledgor pursuant to Section 6.4Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Alliance HealthCare Services, Inc)

Collateral Agent May Perform. If Subject to the Intercreditor Agreement, as applicable, if any Pledgor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Collateral Agent incurred in connection therewith shall be payable payable, jointly and severally, by the Pledgor pursuant to Section 6.4Pledgor.

Appears in 1 contract

Samples: Patent Security Agreement (Stanadyne Holdings, Inc.)

Collateral Agent May Perform. If the any Pledgor fails to perform any agreement contained herein, then the Collateral Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Collateral Agent incurred in connection therewith shall be payable by the such Pledgor pursuant to Section 6.47.02, and the Collateral Agent may from time to time take any other action which the Collateral Agent reasonably deems necessary for the maintenance, preservation or protection of any of the Pledged Collateral or of its security interest therein.

Appears in 1 contract

Samples: Pledge Agreement (Quicksilver Resources Inc)

Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by the Pledgor pursuant to Section 6.4the terms of paragraph 10 hereof.

Appears in 1 contract

Samples: Shared Collateral Pledge Agreement (Pmi Group Inc)

Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained herein, the Collateral Agent may may, as the Collateral Agent deems necessary to protect the security interest granted hereunder in the Collateral or to protect the value thereof, but without any obligation to do so and without notice, itself perform, or cause performance of, such agreement, and the reasonable expenses of the Collateral Agent incurred in connection therewith shall be payable by the Pledgor pursuant to under Section 6.416.

Appears in 1 contract

Samples: Pledge Agreement (Agilent Technologies Inc)

Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained herein, the then Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by the Pledgor pursuant to under Section 6.413(b).

Appears in 1 contract

Samples: Global Senior Credit Agreement (Prologis)

Collateral Agent May Perform. If the Pledgor fails Pledgors fail to perform any agreement contained herein, the Collateral Agent may may, but shall not be obligated to, itself perform, perform or cause performance ofof such agreement (as agent and attorney-in-fact under Section 6 hereof, such agreementor otherwise), and the expenses incurred by or on behalf of the Collateral Agent incurred in connection therewith shall be payable by the Pledgor pursuant to Pledgors under Section 6.410 hereof.

Appears in 1 contract

Samples: Pledge Agreement (Telehub Communications Corp)

Collateral Agent May Perform. If the Pledgor fails to ---------------------------- perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Collateral Agent incurred in connection therewith shall be payable by the Pledgor pursuant to under Section 6.415 hereof.

Appears in 1 contract

Samples: Collateral Pledge Agreement (Centennial Communications Corp)

Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by the Pledgor pursuant to under Section 6.412 hereof and constitute Secured Obligations secured hereby.

Appears in 1 contract

Samples: Pledge and Security Agreement (China Security & Surveillance Technology, Inc.)

Collateral Agent May Perform. If the any Pledgor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Collateral Agent incurred in connection therewith shall be payable by the Pledgor Issuer pursuant to Section 6.414 hereof.

Appears in 1 contract

Samples: Pledge Agreement (Shop Vac Corp)

Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained hereinherein or in the Security Documents, the Collateral Agent may but under no circumstances shall be obligated to itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent (including the reasonable fees and expenses of its counsel) incurred in connection therewith shall be payable by the Pledgor pursuant to Section 6.411 hereof.

Appears in 1 contract

Samples: Collateral Agency Agreement (Central Illinois Public Service Co)

Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained herein, the Collateral Agent Agent, upon notice to Pledgor, may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Collateral Agent incurred in connection therewith shall be payable by the Pledgor pursuant to Section 6.415 hereof.

Appears in 1 contract

Samples: Contribution Agreement (Dyersburg Corp)

Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained herein, the Collateral Agent may may, but without any obligation to do so and with prior notice to the Pledgor, unless an Event of Default has occurred and is continuing, itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by the Pledgor pursuant to under Section 6.413.

Appears in 1 contract

Samples: Aircraft Security Agreement (Amr Corp)

Collateral Agent May Perform. If the a Pledgor fails to perform any agreement contained herein, the Collateral Agent may (but shall have no obligation to) itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by the Pledgor pursuant to Section 6.4such Pledgor.

Appears in 1 contract

Samples: Pledge Agreement (Offshore Logistics INC)

Collateral Agent May Perform. If the any Pledgor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by the Pledgor pursuant to any Pledgors under Section 6.412 hereof and constitute Obligations secured hereby.

Appears in 1 contract

Samples: Pledge Agreement (Interep National Radio Sales Inc)

Collateral Agent May Perform. If the any Company & Partner Pledgor fails to perform any agreement contained herein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Collateral Agent incurred in connection therewith shall be payable by the such Company & Partner Pledgor pursuant to under Section 6.414 hereof.

Appears in 1 contract

Samples: Partner Pledge Agreement (Northeast Energy Lp)

Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained herein, the Collateral Agent (acting at the direction of the Administrative Agent) may itself perform, or cause performance of, such agreement, and the expenses of the Collateral Agent incurred in connection therewith shall be payable by the Pledgor pursuant to the terms of Section 6.411 hereof.

Appears in 1 contract

Samples: Pledge Agreement (Fifth Street Finance Corp)

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