The Agent May Perform. If the Borrower fails to perform any agreement contained in this Agreement, the Agent may itself perform (but shall not be obligated to perform), or cause performance of, such agreement, and the expenses of the Agent incurred in connection therewith shall be payable by the Borrower under Section 11.06.
Appears in 3 contracts
Samples: Mortgage Warehousing Loan and Security Agreement (American Home Mortgage Holdings Inc), Credit and Security Agreement (Cityscape Financial Corp), Revolving Credit and Security Agreement (Cityscape Financial Corp)
The Agent May Perform. If the Borrower fails to perform any agreement contained in this Agreementherein, the Agent may itself perform (but shall not be obligated take reasonable action to perform), or cause performance of, such agreement, and the reasonable expenses of the Agent incurred in connection therewith shall be payable by the Borrower under Section 11.0613; provided, that, the Agent shall exercise commercially reasonable efforts to notify Borrower prior to taking any such action (although the failure to so notify Agent shall not limit the Agent's rights hereunder).
Appears in 3 contracts
Samples: Intercreditor Agreement (Avondale Inc), Intercreditor Agreement (Avondale Inc), Borrower Pledge Agreement (Avondale Inc)
The Agent May Perform. If the Borrower fails to perform any agreement contained in this Agreementherein, the Agent may itself perform (but shall not be obligated to perform), or cause performance of, such agreement, and the expenses of the Agent incurred in connection therewith shall be payable by the Borrower under Section 11.0610; provided, that, the Agent shall exercise commercially reasonable efforts to notify the Borrower prior to taking any such action (although the failure to so notify the Borrower shall not limit the Agent's rights hereunder).
Appears in 1 contract
The Agent May Perform. If the Borrower fails to perform any agreement contained in this Agreementherein, the Agent may may, without notice to the Borrower, itself perform (but shall not be obligated to perform), or cause performance of, such agreement, and the expenses of the Agent incurred in connection therewith shall be payable by the Borrower under Section 11.06Borrower.
Appears in 1 contract
Samples: Credit Agreement (Trion Inc)
The Agent May Perform. If the Borrower fails to perform any agreement contained in this Agreementherein, the Agent may itself perform (but shall not be obligated to perform), or cause performance of, such agreement, and the expenses of the Agent incurred in connection therewith shall be payable by the Borrower under Section 11.0611; provided, that, the Agent shall exercise commercially reasonable efforts to notify the Borrower prior to taking any such action (although the failure to so notify the Borrower shall not limit the Agent's rights hereunder).
Appears in 1 contract
The Agent May Perform. If the Borrower fails to perform any agreement contained in this Agreementherein, the Agent may may, without notice to the Borrower, itself perform (but shall not be obligated to perform), or cause performance of, such agreement, and the expenses of the Agent incurred in connection therewith shall be promptly payable by the Borrower under Section 11.06Borrower.
Appears in 1 contract
Samples: Credit Agreement (Culp Inc)
