Common use of Performance by Lender Clause in Contracts

Performance by Lender. If the Pledgor shall fail to perform, observe or comply with any of the conditions, covenants, terms, stipulations or agreements contained in this Agreement or any of the other Financing Documents, the Lender without notice to or demand upon the Pledgor and without waiving or releasing any of the Obligations or any Default or Event of Default, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act for the account and at the expense of the Pledgor, and may enter upon the premises of the Pledgor for that purpose and take all such action thereon as the Lender may consider necessary or appropriate for such purpose and the Pledgor hereby irrevocably appoints the Lender as its attorney-in-fact to do so, with power of substitution, in the name of the Lender or in the name of the Pledgor or otherwise, for the use and benefit of the Lender, but at the cost and expense of the Pledgor and without notice to the Pledgor. All sums so paid or advanced by the Lender together with interest thereon from the date of payment, advance or incurring until paid in full at the Post-Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costs, shall be paid by the Pledgor to the Lender on demand, and shall constitute and become a part of the Obligations.

Performance by Lender. If the Pledgor Borrowers shall fail to pay the Obligations or otherwise fail to perform, observe or comply with any of the conditions, covenants, terms, stipulations or agreements contained in this Agreement or any of the other Financing Documents, the Lender without notice to or demand upon the Pledgor Borrowers and without waiving or releasing any of the Obligations or any Default or Event of Default, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act for the account and at the expense of the PledgorBorrowers, and may enter upon the premises of the Pledgor Borrowers for that purpose and take all such action thereon as the Lender may consider necessary or appropriate for such purpose and each of the Pledgor Borrowers hereby irrevocably appoints the Lender as its attorney-in-fact to do so, with power of substitution, in the name of the Lender or Lender, in the name of any or all of the Pledgor Borrowers or otherwise, for the use and benefit of the Lender, but at the cost and expense of the Pledgor Borrowers and without notice to the PledgorBorrowers. All sums so paid or advanced by the Lender together with interest thereon from the date of payment, advance or incurring until paid in full at the Post-Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costs, shall be paid by the Pledgor Borrowers to the Lender on demand, and shall constitute and become a part of the Obligations.

Performance by Lender. If Upon the Pledgor shall fail to perform, observe or comply with any occurrence and continuation of the conditions, covenants, terms, stipulations or agreements contained in this Agreement or any an Event of the other Financing DocumentsDefault, the Lender without notice to or demand upon the Pledgor Borrower and without waiving or releasing any of the Obligations or any Default or Event of Default, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act for the account and at the expense of the PledgorBorrower, and may enter upon the premises of the Pledgor Borrower for that purpose and take all such action thereon as the Lender may consider necessary or appropriate for such purpose and the Pledgor Borrower hereby irrevocably appoints the Lender as its attorney-in-fact to do so, with power of substitution, in the name of the Lender or in the name of the Pledgor Borrower or otherwise, for the use and benefit of the Lender, but at the cost and expense of the Pledgor Borrower and without notice to the PledgorBorrower. All sums so paid or advanced by the Lender together with interest thereon from the date of payment, advance or incurring until paid in full at the Post-Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costs, shall be paid by the Pledgor Borrower to the Lender on demand, and shall constitute and become a part of the Obligations.

Performance by Lender. If the Pledgor shall fail fails to perform, observe observe, or comply with any of the conditions, covenants, terms, stipulations or agreements covenants contained in this Agreement or any of the other Financing DocumentsAgreement, the Lender Lender, without notice to or demand upon the Pledgor and without waiving or releasing any of the Obligations Pledgor's Liabilities or any Default or Event of Default, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act conditions, terms, or covenants for the account and at the expense of the Pledgor, and may enter upon the any place of business or other premises of the Pledgor for that purpose and take all such action thereon as the Lender may consider necessary or appropriate for such purpose and the Pledgor hereby irrevocably appoints the Lender as its attorney-in-fact to do so, with power of substitution, in the name of the Lender or in the name of the Pledgor or otherwise, for the use and benefit of the Lender, but at the cost and expense of the Pledgor and without notice to the Pledgorpurpose. All sums so paid or advanced by the Lender in connection with the foregoing and all costs and expenses (including, without limitation, reasonable attorneys' fees actually incurred and expenses) incurred in connection therewith (collectively, the "Expense Payments") together with interest thereon at the post-default rate of interest provided for in the Note (but in no event higher than the maximum interest rate permitted by applicable law), from the date of payment, advance or incurring payment until paid repaid in full at the Post-Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costsfull, shall be paid by the Pledgor to the Lender on demand, demand and shall constitute and become a part of the ObligationsPledgor's Liabilities secured hereby.

Performance by Lender. If the Pledgor shall fail fails to perform, observe observe, or comply with any of the conditions, covenants, terms, stipulations or agreements covenants contained in this Agreement or any of the other Financing DocumentsAgreement, the Lender Lender, without notice to or demand upon the Pledgor and without waiving or releasing any of the Obligations Pledgor's Liabilities or any Default or Event of Default, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act conditions, terms, or covenants for the account and at the expense of the Pledgor, and may enter upon the any place of business or other premises of the Pledgor for that purpose and take all such action thereon as the Lender may consider necessary or appropriate for such purpose and the Pledgor hereby irrevocably appoints the Lender as its attorney-in-fact to do so, with power of substitution, in the name of the Lender or in the name of the Pledgor or otherwise, for the use and benefit of the Lender, but at the cost and expense of the Pledgor and without notice to the Pledgorpurpose. All sums so paid or advanced by the Lender in connection with the foregoing and all costs and expenses (including, without limitation, reasonable attorneys' fees actually incurred and expenses) incurred in connection therewith (collectively, the "Expense Payments") together with interest thereon at the post-default rate of interest provided for in the Restated Note (but in no event higher than the maximum interest rate permitted by applicable law), from the date of payment, advance or incurring payment until paid repaid in full at the Post-Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costsfull, shall be paid by the Pledgor to the Lender on demand, demand and shall constitute and become a part of the ObligationsPledgor's Liabilities secured hereby.

Performance by Lender. If the Pledgor Obligors shall fail to pay the Obligations or otherwise fail to perform, observe or comply with any of the conditions, covenants, terms, stipulations or agreements contained in this Agreement or any of the other Financing Documents, the Lender without notice to or demand upon the Pledgor Obligors and without waiving or releasing any of the Obligations or any Default or Event of Default, may following the occurrence and during the continuation of a Default (but shall be under no obligation to) at any time thereafter make such payment or perform such act for the account and at the expense of the PledgorObligors, and may enter upon the premises of the Pledgor Obligors for that purpose and take all such action thereon as the Lender may reasonably consider necessary or appropriate for such purpose and each of the Pledgor Obligors hereby irrevocably appoints appoint the Lender as its attorney-in-fact to do so, with power of substitution, in the name of the Lender Lender, or in the name of any or all of the Pledgor Obligors or otherwise, for the use and benefit of the Lender, Lender but at the cost and expense of the Pledgor Obligors and without notice to the PledgorObligors. All sums so paid or advanced by the Lender Lender, together with interest thereon from the date of payment, advance or incurring until paid in full at the Post-Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costs, shall be paid by the Pledgor Obligors to the Lender on demand, and shall constitute and become a part of the Obligations.

Performance by Lender. If After an Event of Default hereunder which has not been cured within any applicable cure period and during the continuance of such uncured default, if the Pledgor shall fail fails to perform, observe observe, or comply with any of the conditions, covenants, terms, stipulations or agreements covenants contained in this Agreement or any of the other Financing DocumentsAgreement, the Lender Lender, without notice to or demand upon the Pledgor and without waiving or releasing any of the Obligations Pledgor's Liabilities or any Default or Event of Default, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act conditions, terms, or covenants for the account and at the expense of the Pledgor, and may enter upon the any place of business or other premises of the Pledgor for that purpose and take all such action thereon as the Lender may consider necessary or appropriate for such purpose and the Pledgor hereby irrevocably appoints the Lender as its attorney-in-fact to do so, with power of substitution, in the name of the Lender or in the name of the Pledgor or otherwise, for the use and benefit of the Lender, but at the cost and expense of the Pledgor and without notice to the Pledgorpurpose. All sums so paid or advanced by the Lender in connection with the foregoing and all costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) incurred in connection therewith (collectively, the "EXPENSE PAYMENTS") together with interest thereon at a simple per annum rate of interest which is equal to the then highest rate of interest charged on the principal of any of the Pledgor's Liabilities, plus one percent (1%) per annum (but in no event higher than the maximum interest rate permitted by applicable law), from the date of payment, advance or incurring payment until paid repaid in full at the Post-Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costsfull, shall be paid by the Pledgor to the Lender on demand, demand and shall constitute and become a part of the ObligationsPledgor's Liabilities secured hereby.

Performance by Lender. If any of the Pledgor Borrowers or any of the Property Owners shall fail to pay the Obligations or otherwise fail to perform, observe or comply with any of the conditions, covenants, terms, stipulations or agreements contained in this Agreement or any of the other Financing Documents, the Lender without notice to or demand upon any of the Pledgor Borrowers or any of the Property Owners and without waiving or releasing any of the Obligations or any Default or Event of Default, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act for the account and at the expense of the PledgorBorrowers, and may enter upon the premises of any of the Pledgor Borrowers or any of the Property Owners for that purpose and take all such action thereon as the Lender may consider necessary or appropriate for such purpose and each of the Pledgor Borrowers and each of the Property Owners hereby irrevocably appoints the Lender as its attorney-in-fact to do so, with power of substitution, in the name of the Lender or in the name of any of the Pledgor Borrowers or any of the Property Owners or otherwise, for the use and benefit of the Lender, but at the cost and expense of the Pledgor Borrowers and without notice to any of the PledgorBorrowers or any of the Property Owners. All sums so paid or advanced by the Lender Lender, together with interest thereon from the date of payment, advance or incurring until paid in full at the Post-Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costs, shall be paid by the Pledgor Borrowers to the Lender on demand, and shall constitute and become a part of the Obligations.

Performance by Lender. If the Pledgor Borrower shall fail to pay the Obligations or otherwise fail to perform, observe or comply with any of the conditions, covenants, terms, stipulations or agreements contained in this Agreement or any of the other Financing Documents, the Lender without notice to or demand upon the Pledgor Borrower and without waiving or releasing any of the Obligations or any Default or Event of Default, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act for the account and at the expense of the PledgorBorrower, and may enter upon the premises of the Pledgor Borrower for that purpose and take all such action thereon as the Lender may consider necessary or appropriate for such purpose and the Pledgor Borrower hereby irrevocably appoints the Lender as its attorney-in-fact to do so, with power of substitution, in the name of the Lender or in the name of the Pledgor Borrower or otherwise, for the use and benefit of the Lender, but at the cost and expense of the Pledgor Borrower and without notice to the PledgorBorrower. All sums so paid or advanced by the Lender together with interest thereon from the date of payment, advance or incurring until paid in full at a per annum rate of interest equal at all times to the Post-Default Rate default rate of interest permitted under any promissory note at any time evidencing any of the Obligations and designated by the Lender, and all costs and expenses, shall be deemed part of the Enforcement Costs, shall be paid by the Pledgor Borrower to the Lender on demand, and shall constitute and become a part of the Obligations.

Performance by Lender. If the Pledgor Debtor shall fail to pay the Obligations or otherwise fail to perform, observe or comply with any of the conditions, covenants, terms, stipulations or agreements contained in this Agreement or any of the other Financing Documents, the Lender without notice to or demand upon the Pledgor Debtor and without waiving or releasing any of the Obligations or any Default or Event of Default, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act for the account and at the expense of the PledgorDebtor, and may enter upon the premises of the Pledgor Debtor for that purpose and take all such action thereon as the Lender may consider necessary or appropriate for such purpose and the Pledgor Debtor hereby irrevocably appoints the Lender as its attorney-in-fact to do so, with power of substitution, in the name of the Lender or Lender, in the name of the Pledgor Debtor or otherwise, for the use and benefit of the Lender, but at the cost and expense of the Pledgor Debtor and without notice to the PledgorDebtor. All sums so paid or advanced by the Lender together with interest thereon from the date of payment, advance or incurring until paid in full at the Post-Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costs, shall be paid by the Pledgor Debtor to the Lender on demand, and shall constitute and become a part of the Obligations.

Performance by Lender. If the Pledgor Borrowers shall fail to pay the Obligations or otherwise fail to perform, observe or comply with any of the conditions, covenants, terms, stipulations or agreements contained in this Agreement or any of the other Financing Documents, the Lender without notice to or demand upon the Pledgor Borrowers and without waiving or releasing any of the Obligations or any Default or Event of Default, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act for the account and at the expense of the PledgorBorrowers, and may enter upon the premises of the Pledgor Borrowers for that purpose and take all such action thereon as the Lender may consider necessary or appropriate for such purpose and each of the Pledgor Borrowers hereby irrevocably appoints the Lender as its attorney-in-fact to do so, with power of substitution, in the name of the Lender or in the name of the Pledgor Borrower or otherwise, for the use and benefit of the Lender, but at the cost and expense of the Pledgor Borrowers and without notice to the PledgorBorrowers. All sums so paid or advanced by the Lender together with interest thereon from the date of payment, advance or incurring until paid in full at the Post-Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costs, shall be paid by the Pledgor Borrowers to the Lender on demand, and shall constitute and become a part of the Obligations.

Performance by Lender. If the Pledgor Borrower shall fail to perform, observe or comply with any of the conditions, covenants, terms, stipulations or agreements contained in this Agreement or any of the other Financing Documents, the Lender without notice to or demand upon the Pledgor Borrower and without waiving or releasing any of the Obligations or any Default or Event of Default, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act for the account and at the expense of the PledgorBorrower, and may enter upon the premises of the Pledgor Borrower for that purpose and take all such action thereon as the Lender may consider necessary or appropriate for such purpose and the Pledgor Borrower hereby irrevocably appoints the Lender as its attorney-in-fact to do so, with power of substitution, in the name of the Lender or in the name of the Pledgor Borrower or otherwise, for the use and benefit of the Lender, but at the cost and expense of the Pledgor Borrower and without notice to the PledgorBorrower. All sums so paid or advanced by the Lender together with interest thereon from the date of payment, advance or incurring until paid in full at the Post-Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costs, shall be paid by the Pledgor Borrower to the Lender on demand, and shall constitute and become a part of the Obligations.

Performance by Lender. If the Pledgor Borrower shall fail to pay the Obligations or otherwise fail to perform, observe or comply with any of the conditions, covenants, terms, stipulations or agreements contained in this Agreement or any of the other Financing Documents, the Lender without notice to or demand upon the Pledgor Borrower and without waiving or releasing any of the Obligations or any Default or Event of Default, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act for the account and at the expense of the PledgorBorrower, and may enter upon the premises of the Pledgor Borrower for that purpose and take all such action thereon as the Lender may consider necessary or appropriate for such purpose and the Pledgor Borrower hereby irrevocably appoints the Lender as its attorney-in-fact to do so, with power of substitution, in the name of the Lender or Lender, in the name of the Pledgor Borrower or otherwise, for the use and benefit of the Lender, but at the cost and expense of the Pledgor Borrower and without notice to the PledgorBorrower. All sums so paid or advanced by the Lender together with interest thereon from the date of payment, advance or incurring until paid in full at the Post-Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costs, shall be paid by the Pledgor Borrower to the Lender on demand, and shall constitute and become a part of the Obligations.

Performance by Lender. If the Pledgor shall fail fails to perform, observe observe, or comply with any of the conditions, covenants, terms, stipulations or agreements covenants contained in this Agreement or any of the other Financing DocumentsAgreement, the Lender Lender, without notice to or demand upon the Pledgor and without waiving or releasing any of the Obligations Pledgor's liabilities or any Default or Event of Default, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act conditions, terms, or covenants for the account and at the expense of the Pledgor, and may enter upon the any place of business or other premises of the Pledgor for that purpose and take all such action thereon as the Lender may consider necessary or appropriate for such purpose and the Pledgor hereby irrevocably appoints the Lender as its attorney-in-fact to do so, with power of substitution, in the name of the Lender or in the name of the Pledgor or otherwise, for the use and benefit of the Lender, but at the cost and expense of the Pledgor and without notice to the Pledgorpurpose. All sums so paid or advanced by the Lender in connection with the foregoing and all costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) incurred in connection therewith (collectively, the "Expense Payments") together with interest thereon at a simple per annum rate of interest which is equal to the then highest rate of interest charged on the principal of any of the Pledgor's liabilities, plus one percent (1%) per annum (but in no event higher than the maximum interest rate permitted by applicable law), from the date of payment, advance or incurring payment until paid repaid in full at the Post-Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costsfull, shall be paid by the Pledgor to the Lender on demand, demand and shall constitute and become a part of the ObligationsPledgor's liabilities secured hereby.

Performance by Lender. If the Pledgor Borrowers shall fail to pay the Obligations or otherwise fail to perform, observe or comply with any of the conditions, covenants, terms, stipulations or agreements contained in this Agreement or any of the other Financing Documents, the Lender without notice to or demand upon the Pledgor Borrowers and without waiving or releasing any of the Obligations or any Default or Event of Default, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act for the account and at the expense of the PledgorBorrowers, and may enter upon the premises of the Pledgor Borrowers for that purpose and take all such action thereon as the Lender may consider necessary or appropriate for such purpose and the Pledgor each Borrower hereby irrevocably appoints the Lender as its the Borrower's attorney-in-fact to do so, with power of substitution, in the name of the Lender or in the name of the Pledgor Borrower or otherwise, for the use and benefit of the Lender, but at the cost and expense of the Pledgor Borrowers and without notice to the PledgorBorrowers. All sums so paid or advanced by the Lender together with interest thereon from the date of payment, advance or incurring until paid in full at the Post-Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costs, shall be paid by the Pledgor Borrowers to the Lender on demand, and shall constitute and become a part of the Obligations.

Performance by Lender. If the any Pledgor shall fail fails to perform, observe observe, or comply with any of the conditions, covenants, terms, stipulations or agreements covenants contained in this Agreement or any of the other Financing DocumentsAgreement, the Lender Lender, without notice to or demand upon the such Pledgor and without waiving or releasing any of the Obligations Pledgors' Liabilities or any Default or Event of Default, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act conditions, terms, or covenants for the account and at the expense of the such Pledgor, and may enter upon the any place of business or other premises of the such Pledgor for that purpose and take all such action thereon as the Lender may consider necessary or appropriate for such purpose and the Pledgor hereby irrevocably appoints the Lender as its attorney-in-fact to do so, with power of substitution, in the name of the Lender or in the name of the Pledgor or otherwise, for the use and benefit of the Lender, but at the cost and expense of the Pledgor and without notice to the Pledgorpurpose. All sums so paid or advanced by the Lender in connection with the foregoing and all costs and expenses (including, without limitation, reasonable attorneys' fees actually incurred and expenses) incurred in connection therewith (collectively, the "Expense Payments") together with interest thereon at the post-default rate of interest provided for in the Note (but in no event higher than the maximum interest rate permitted by applicable law), from the date of payment, advance or incurring payment until paid repaid in full at the Post-Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costsfull, shall be paid by the such Pledgor to the Lender on demand, demand and shall constitute and become a part of the ObligationsPledgors' Liabilities secured hereby.

Performance by Lender. If the Pledgor shall fail fails to perform, observe observe, or comply with any of the conditions, covenants, terms, stipulations or agreements covenants contained in this Agreement or any of the other Financing DocumentsAgreement, the Lender without Lender, after twenty (20) days prior written notice to or demand upon the Pledgor and but without waiving or releasing any of the Obligations Pledgor's Liabilities or any Default or Event of Default, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act conditions, terms, or covenants for the account and at the expense of the Pledgor, and may enter upon the any place of business or other premises of the Pledgor for that purpose and take all such action thereon as the Lender may consider necessary or appropriate for such purpose and the Pledgor hereby irrevocably appoints the Lender as its attorney-in-fact to do so, with power of substitution, in the name of the Lender or in the name of the Pledgor or otherwise, for the use and benefit of the Lender, but at the cost and expense of the Pledgor and without notice to the Pledgorpurpose. All sums so paid or advanced by Lender in connection with the Lender foregoing and all costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) incurred in connection therewith (collectively, the "Expense Payments") together with interest thereon at a simple per annum rate of interest which is equal to the then highest rate of interest charged on the principal of any of Pledgor's Liabilities, plus one percent (1%) per annum, (but in no event higher than the maximum interest rate permitted by applicable law) from the date of payment, advance or incurring payment until paid repaid in full at the Post-Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costsfull, shall be paid by the Pledgor to the Lender on demand, demand and shall constitute and become a part of the ObligationsPledgor's Liabilities secured hereby.

Performance by Lender. If the Pledgor Borrowers shall fail to pay the Obligations or otherwise fail to perform, observe or comply with any of the conditions, covenants, terms, stipulations or agreements contained in this Agreement or any of the other Financing Documents, the Lender without notice to or demand upon the Pledgor Borrowers and without waiving or releasing any of the Obligations or any Default or Event of Default, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act for the account and at the expense of the PledgorBorrowers, and may enter upon the premises of the Pledgor Borrowers for that purpose and take all such action thereon as the Lender may consider necessary or appropriate for such purpose and each of the Pledgor Borrowers hereby irrevocably appoints the Lender as its attorney-in-fact to do so, with power of substitution, in the name of the Lender Lender, or in the name of any or all of the Pledgor Borrowers or otherwise, for the use and benefit of the Lender, but at the cost and expense of the Pledgor Borrowers and without notice to the PledgorBorrowers. All sums so paid or advanced by the Lender together with interest thereon from the date of payment, advance or incurring until paid in full at the Post-Post- Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costs, shall be paid by the Pledgor Borrowers to the Lender on demand, and shall constitute and become a part of the Obligations.

Performance by Lender. If After the Pledgor occurrence of any Event of Default, if the Borrowers shall fail to pay the Obligations or otherwise fail to perform, observe or comply with any of the conditions, covenants, terms, stipulations or agreements contained in this Agreement or any of the other Financing Documents, the Lender without notice to or demand upon the Pledgor Borrowers and without waiving or releasing any of the Obligations or any Default or Event of Default, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act for the account and at the expense of the PledgorBorrowers, and may enter upon the premises of the Pledgor each Borrower for that purpose and take all such action thereon as the Lender may consider necessary or appropriate for such purpose and the Pledgor Borrowers hereby irrevocably appoints appoint the Lender as its each of their attorney-in-fact to do so, with power of substitution, in the name of the Lender or in the name of the Pledgor each Borrower or otherwise, for the use and benefit of the Lender, but at the cost and expense of the Pledgor Borrowers and without notice to the PledgorBorrowers. All sums so paid or advanced by the Lender together with interest thereon from the date of payment, advance or incurring until paid in full at the Post-Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costs, shall be paid by the Pledgor Borrowers to the Lender on demand, and shall constitute and become a part of the Obligations.

Performance by Lender. If the any Pledgor shall fail fails to perform, observe observe, or comply with any of the conditions, covenants, terms, stipulations or agreements covenants contained in this Agreement or any of the other Financing DocumentsAgreement, the Lender Lender, without notice to or demand upon the such Pledgor and without waiving or releasing any of the Obligations Pledgors' Liabilities or any Default or Event of Default, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act conditions, terms, or covenants for the account and at the expense of the such Pledgor, and may enter upon the any place of business or other premises of the such Pledgor for that purpose and take all such action thereon as the Lender may consider necessary or appropriate for such purpose and the Pledgor hereby irrevocably appoints the Lender as its attorney-in-fact to do so, with power of substitution, in the name of the Lender or in the name of the Pledgor or otherwise, for the use and benefit of the Lender, but at the cost and expense of the Pledgor and without notice to the Pledgorpurpose. All sums so paid or advanced by the Lender in connection with the foregoing and all costs and expenses (including, without limitation, reasonable attorneys' fees actually incurred and expenses) incurred in connection therewith (collectively, the "Expense Payments") together with interest thereon at the post-default rate of interest provided for in the Restated Note (but in no event higher than the maximum interest rate permitted by applicable law), from the date of payment, advance or incurring payment until paid repaid in full at the Post-Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costsfull, shall be paid by the such Pledgor to the Lender on demand, demand and shall constitute and become a part of the ObligationsPledgors' Liabilities secured hereby.

Performance by Lender. If Upon the Pledgor shall fail to perform, observe or comply with any occurrence and continuation of the conditions, covenants, terms, stipulations or agreements contained in this Agreement or any an Event of the other Financing DocumentsDefault, the Lender without notice to or demand upon the Pledgor Borrowers and without waiving or releasing any of the Obligations or any Default or Event of Default, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act for the account and at the expense of the PledgorBorrowers, pay or satisfy (in whole or in part) Liens on the Collateral (whether or not such Liens are Permitted Liens), and may enter upon the premises of the Pledgor any Borrower for that purpose and take all such action thereon as the Lender may consider necessary or appropriate for such purpose and the Pledgor each Borrower hereby irrevocably appoints the Lender as its attorney-in-fact to do so, with power of substitution, in the name of the Lender or in the name of any of the Pledgor Borrowers or otherwise, for the use and benefit of the Lender, but at the cost and expense of the Pledgor Borrowers and without notice to the PledgorBorrowers. All sums so paid or advanced by the Lender together with interest thereon from the date of payment, advance or incurring until paid in full at the Post-Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costs, shall be paid by the Pledgor Borrowers to the Lender on demand, and shall constitute and become a part of the Obligations.

Performance by Lender. If the Pledgor Borrower shall fail to perform, observe or comply with any of the conditions, covenants, terms, stipulations or agreements contained in this Agreement or any of the other Financing Documents, the Lender without notice to or demand upon the Pledgor Borrower and without waiving or releasing any of the Obligations or any Default or Event of Default, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act for the account and at the expense of the PledgorBorrower, and may enter upon the premises of the Pledgor Borrower for that purpose and take all such action thereon as the Lender may consider necessary or appropriate for such purpose and the Pledgor Borrower hereby irrevocably appoints the Lender as its attorney-in-fact to do so, with power of substitution, in the name of the Lender or in the name of the Pledgor Borrower or otherwise, for the use and benefit of the Lender, but at the cost and expense of the Pledgor Borrower and without notice to the PledgorBorrower. All sums so paid or advanced by the Lender together with interest thereon from the date of payment, advance or incurring until paid in full at the Post-Default Rate highest rate of interest charged under the Note and all costs and expenses, shall be deemed part of the Enforcement Costs, shall be paid by the Pledgor Borrower to the Lender on demand, and shall constitute and become a part of the Obligations.

Performance by Lender. If the Pledgor Borrower shall fail to pay the Obligations or otherwise fail to perform, ,observe or comply with any of the conditions, covenants, terms, stipulations or agreements contained in this Agreement or any of the other Financing Documents, ,the Lender without notice to or demand upon the Pledgor Borrower and without waiving or releasing any of the Obligations or any Default or Event of Default, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act for the account and at the expense of the PledgorBorrower, and may enter upon the premises of the Pledgor Borrower for that purpose and take all such action thereon as the Lender may consider necessary or appropriate for such purpose and the Pledgor Borrower hereby irrevocably appoints the Lender as its attorney-in-fact to do so, with power of substitution, in the name of the Lender Lender, or in the name of the Pledgor Borrower or otherwise, for the use and benefit of the Lender, but at the cost and expense of the Pledgor Borrower and without notice to the PledgorBorrower. All sums so paid or advanced by the Lender together with interest thereon from the date of payment, advance or incurring until paid in full at the Post-Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costs, shall be paid by the Pledgor Borrower to the Lender on demand, and shall constitute and become a part of the Lender's Obligations.

Performance by Lender. If Upon the Pledgor shall fail to perform, observe or comply with any occurrence and continuation of the conditions, covenants, terms, stipulations or agreements contained in this Agreement or any an Event of the other Financing DocumentsDefault, the Lender without notice to or demand upon the Pledgor Borrowers and without waiving or releasing any of the Obligations or any Default or Event of Default, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act for the account and at the joint and several expense of the PledgorBorrowers, and may enter upon the premises of the Pledgor any Borrower for that purpose and take all such action thereon as the Lender may consider necessary or appropriate for such purpose and the Pledgor each Borrower hereby irrevocably appoints the Lender as its attorney-in-fact to do so, with power of substitution, in the name of the Lender or in the name of any or all of the Pledgor Borrowers or otherwise, for the use and benefit of the Lender, but at the joint and several cost and expense of the Pledgor Borrowers and without notice to the PledgorBorrowers. All sums so paid or advanced by the Lender Lender, together with interest thereon from the date of payment, advance or incurring until paid in full at the Post-Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costs, shall be paid by the Pledgor Borrowers to the Lender on demand, and shall constitute and become a part of the Obligations.