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.

Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained hereinherein after receipt of a written request to do so from the Collateral Agent, the Collateral Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Collateral Agent Agent, including, without limitation, the fees and expenses of its counsel, incurred in connection therewith therewith, shall be payable by the Pledgor pursuant to Section 6.4and shall be considered Obligations.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained hereinherein after receipt of a written request to do so from the Collateral Agent, the Collateral Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Collateral Agent 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.

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.

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.

Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained hereinherein after receipt of a written request to do so from the Collateral Agent, the Collateral Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Collateral Agent Agent, including the reasonable fees and expenses of its counsel, incurred in connection therewith shall be payable by the Pledgor pursuant to Section 6.415 hereof.

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).

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.

Collateral Agent May Perform. If the any Pledgor fails to perform any agreement contained herein, the Collateral Agent may may, upon the occurrence and during the continuance of an Event of Default, 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 6.415.

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.

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.

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 agreement, and the expenses of obligation (provided that the Collateral Agent incurred in connection therewith shall be payable not perform such obligations prior to the occurrence of an ongoing Event of Default without first providing the Pledgor written notice of such failure and (as determined by the Pledgor pursuant to Section 6.4.Collateral Agent in its sole discretion) a reasonable 6 SFDOCS01/313128.7Midway — Pledge Agreement ([●])

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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).

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).

Collateral Agent May Perform. If the Pledgor fails to perform any agreement contained herein, the Collateral Agent (acting at the direction of the Lead Lender) 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.

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.

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).