Collateral Agent May Perform. If either Pledgor fails to perform any agreement contained herein after receipt of a written request to do so from Collateral Agent, Collateral Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Collateral Agent, including the reasonable fees and expenses of its counsel, incurred in connection therewith shall be payable by the Pledgors under Section 13 hereof.
Appears in 8 contracts
Sources: Pledge Agreement (O-I Glass, Inc. /DE/), Credit Agreement (Owens-Illinois Group Inc), Pledge Agreement
Collateral Agent May Perform. If either the Pledgor fails to perform any agreement contained herein after receipt of a written request to do so from Collateral Agentherein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Collateral Agent, including the reasonable fees and expenses of its counsel, Agent incurred in connection therewith shall be payable by the Pledgors Pledgor under Section 13 hereof14.
Appears in 7 contracts
Sources: Credit Agreement (CMS Energy Corp), Cash Collateral Agreement (Consumers Energy Co), Credit Agreement (CMS Energy Corp)
Collateral Agent May Perform. If either the Pledgor fails to perform any agreement contained herein after receipt of a written request to do so from Collateral Agentherein, the Collateral Agent may may, but shall not be obligated to, itself perform, perform or cause performance of, of such agreement, and the reasonable expenses incurred by or on behalf of the Collateral Agent, including the reasonable fees and expenses of its counsel, incurred Agent in connection therewith shall be payable by the Pledgors Pledgor under Section 13 14 hereof.
Appears in 5 contracts
Sources: Pledge Agreement (Orbital Imaging Corp), Pledge and Security Agreement (Onepoint Communications Corp /De), Pledge Agreement (Orbital Imaging Corp)
Collateral Agent May Perform. If either any Pledgor fails to perform any agreement or obligation contained herein after receipt of a written request to do so from Collateral Agentherein, the Collateral Agent itself may itself perform, or cause performance of, such agreementagreement or obligation, and the reasonable expenses of the Collateral Agent, Agent (including the reasonable attorneys’ fees and expenses of its counsel, expenses) incurred in connection therewith shall be payable by the Pledgors on a joint and several basis under Section 13 hereofArticle XV.
Appears in 4 contracts
Sources: Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc)
Collateral Agent May Perform. If either the Pledgor fails to perform any agreement contained herein after receipt of a written request to do so from Collateral Agentherein, the Collateral Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of the Collateral Agent, including the reasonable fees and expenses of its counsel, Agent incurred in connection therewith shall be payable by the Pledgors Pledgor under Section 13 16 hereof.
Appears in 3 contracts
Sources: Borrower Pledge Agreement (Hughes Electronics Corp), Borrower Pledge Agreement (Geotek Communications Inc), Pledge Agreement (United International Holdings Inc)
Collateral Agent May Perform. If either the Pledgor fails to perform any agreement contained herein 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, including the reasonable fees and expenses of its counsel, incurred in connection therewith shall be payable by the Pledgors Pledgor under Section 13 hereof.
Appears in 2 contracts
Sources: Credit Agreement (Owens Illinois Inc /De/), Credit Agreement (Owens Illinois Inc /De/)
Collateral Agent May Perform. If either the Pledgor fails to perform any agreement contained herein 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, including the reasonable fees and expenses of its counsel, incurred in connection therewith shall be payable by the Pledgors Pledgor under Section 13 SECTION 14 hereof.
Appears in 2 contracts
Sources: Limited Partner Pledge and Security Agreement (Tenaska Georgia Partners Lp), General Partner Pledge and Security Agreement (Tenaska Georgia Partners Lp)
Collateral Agent May Perform. If either Pledgor fails to perform any agreement contained herein after receipt of a written request to do so from Collateral Agent, Collateral Agent may itself act reasonably to perform, or cause performance of, such agreement, and the reasonable expenses of Collateral Agent, including the reasonable fees and expenses of its counsel, Agent incurred in connection therewith shall be payable by the Pledgors Pledgor under Section 13 hereof11.
Appears in 2 contracts
Sources: Collateralized Note Indenture (Huntway Partners L P), Collateralized Note Indenture (Huntway Partners L P)
Collateral Agent May Perform. If either any Pledgor fails to perform any agreement contained herein 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, including the reasonable fees and expenses of its counsel, incurred in connection therewith shall be payable by the Pledgors under Section 13 hereof.
Appears in 2 contracts
Sources: Credit Agreement (Owens Illinois Inc /De/), Credit Agreement (Owens Illinois Inc /De/)
Collateral Agent May Perform. If either Pledgor fails to perform any material agreement contained herein after receipt of a written request to do so from Collateral Agentherein, Collateral Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Collateral Agent, including the reasonable fees and expenses of its counsel, so incurred in connection therewith shall be payable by the Pledgors under Pledgor pursuant to Section 13 hereof15(b).
Appears in 2 contracts
Sources: Collateralized Note Indenture (Huntway Partners L P), Collateralized Note Indenture (Huntway Partners L P)
Collateral Agent May Perform. If either Pledgor fails to perform any agreement contained herein after receipt of a written request to do so from Collateral Agentherein, Collateral Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Collateral Agent, including the reasonable fees and expenses of its counsel, Agent incurred in connection therewith shall be payable by the Pledgors under Section 13 hereof19.
Appears in 2 contracts
Sources: Collateralized Note Indenture (Huntway Partners L P), Collateralized Note Indenture (Huntway Partners L P)
Collateral Agent May Perform. If either the Pledgor fails to perform any agreement contained herein within a reasonable time 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, including including, without limitation, the reasonable fees and expenses of its counsel, incurred in connection therewith therewith, shall be payable by the Pledgors under Section 13 hereofPledgor and shall be considered Obligations.
Appears in 1 contract
Collateral Agent May Perform. If either Pledgor fails to perform any agreement contained herein 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, including the reasonable fees and expenses of its counsel, incurred in connection therewith shall be payable by the Pledgors under Section 13 hereof.
Appears in 1 contract
Collateral Agent May Perform. If either the Pledgor fails to perform ---------------------------- any agreement contained herein after receipt of a written request to do so from Collateral Agentherein, the Collateral Agent may may, but shall not be obligated to, itself perform, perform or cause performance of, of such agreement, and the reasonable expenses incurred by or on behalf of the Collateral Agent, including the reasonable fees and expenses of its counsel, incurred Agent in connection therewith shall be payable by the Pledgors Pledgor under Section 13 14 hereof.
Appears in 1 contract
Sources: Pledge and Security Agreement (Amsc Acquisition Co Inc)
Collateral Agent May Perform. If either Pledgor fails to perform any agreement contained herein promptly after receipt of a written request to do so from Collateral Agent, Collateral Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Collateral Agent, including the reasonable fees and expenses of its counsel, Agent incurred in connection therewith shall be payable by the Pledgors Pledgor under Section 13 hereof16(b).
Appears in 1 contract
Sources: Credit Agreement (Blue Bird Corp)
Collateral Agent May Perform. If either Pledgor fails to perform any agreement contained herein 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, including the reasonable fees and expenses of its counsel, incurred in connection therewith shall be payable by the Pledgors under Section SECTION 13 hereof.
Appears in 1 contract
Collateral Agent May Perform. If either Pledgor fails to ---------------------------- perform any agreement contained herein after receipt of a written request to do so from Collateral Agentthe period in which such performance is required, Collateral Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Collateral Agent, including the reasonable fees and expenses of its counsel, Agent incurred in connection therewith shall be payable by the Pledgors Pledgor under Section 13 hereof15(b).
Appears in 1 contract
Sources: Borrower Pledge Agreement (Total Renal Care Holdings Inc)
Collateral Agent May Perform. If either the Pledgor fails to perform any agreement contained herein after receipt of a written request to do so from Collateral Agentin accordance with the terms hereof, 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 those of its agents and counsel, ) incurred in connection therewith shall be payable by the Pledgors Pledgor under Section 13 hereof.
Appears in 1 contract
Sources: Collateral Pledge and Security Agreement (Advanced Radio Telecom Corp)
Collateral Agent May Perform. If either Pledgor fails to perform any agreement contained herein after receipt of a written request to do so from Collateral Agentherein, Collateral Agent may itself perform, or cause performance of, such agreement, and the reasonable expenses of Collateral Agent, including the reasonable fees and expenses of its counsel, Agent incurred in connection therewith shall be payable by the Pledgors Pledgor under Section 13 hereof14(b).
Appears in 1 contract