Common use of Performance by ▇▇▇▇▇▇ Clause in Contracts

Performance by ▇▇▇▇▇▇. If Borrowers shall fail to perform any covenant or agreement contained in any of the Loan Documents, Lender may perform or attempt to perform such covenant or agreement on behalf of Borrowers. In such event, Borrowers shall, at the request of ▇▇▇▇▇▇, promptly pay any amount reasonably expended by ▇▇▇▇▇▇ in connection with such performance or attempted performance to ▇▇▇▇▇▇, together with interest thereon at the Default Interest Rate from and including the date of such expenditure to but excluding the date such expenditure is paid in full. Notwithstanding the foregoing, it is expressly agreed that Lender shall not have any liability or responsibility for the performance of any obligation of Borrowers under this Agreement or any other Loan Document.

Appears in 2 contracts

Sources: Fourth Amendment to Credit Agreement (Direct Digital Holdings, Inc.), Credit Agreement (Direct Digital Holdings, Inc.)

Performance by ▇▇▇▇▇▇. If Borrowers Borrower shall fail to perform any covenant or agreement contained in any of the Loan Documents, then Lender may perform or attempt to perform such covenant or agreement on behalf of BorrowersBorrower. In such event, Borrowers Borrower shall, at the request of ▇▇▇▇▇▇, promptly pay to Lender any amount reasonably expended by ▇▇▇▇▇▇ in connection with such performance or attempted performance to ▇▇▇▇▇▇performance, together with interest thereon at the Default Interest Rate from and including the date of such expenditure to but excluding the date such expenditure is paid in full. Notwithstanding the foregoing, it is expressly agreed that Lender shall not have any liability or responsibility for the performance of any covenant, agreement, or other obligation of Borrowers Borrower under this Agreement or any other Loan Document.

Appears in 1 contract

Sources: Credit and Security Agreement (loanDepot, Inc.)

Performance by ▇▇▇▇▇▇. If Borrowers any Obligor shall fail to perform any covenant or agreement contained in any accordance with the terms of the Loan Documents, Lender may perform or attempt to perform such covenant or agreement on behalf of Borrowerssuch Obligor. In such event, Borrowers shall, at the request of ▇▇▇▇▇▇, promptly pay any amount reasonably expended by ▇▇▇▇▇▇ in connection with such performance or attempted performance to ▇▇▇▇▇▇, together with interest thereon at the Default Interest Rate interest rate provided for in Section 2.10(b) from and including the date of such expenditure to but excluding the date such expenditure is paid in full. Notwithstanding the foregoing, it is expressly agreed that Lender shall not have any liability or responsibility for the performance of any obligation of Borrowers such Obligor under this Agreement or any other Loan DocumentDocuments.

Appears in 1 contract

Sources: Credit Agreement (Alico, Inc.)

Performance by ▇▇▇▇▇▇. If Borrowers Borrower shall fail to perform any covenant or agreement contained in any of the Loan Documents, then Lender may perform or attempt to perform such covenant or agreement on behalf of BorrowersBorrower. In such event, Borrowers Borrower shall, at the request of ▇▇▇▇▇▇, promptly pay to Lender any amount reasonably expended by ▇▇▇▇▇▇ in connection with such performance or attempted performance to ▇▇▇▇▇▇performance, together with interest thereon at the Default Interest Rate from and including the date of such expenditure to but excluding the date such expenditure is paid in full. Notwithstanding the foregoing, it is expressly agreed that Lender shall not have any liability or responsibility for the performance of any covenant, agreement, or other obligation of Borrowers Borrower under this Agreement or any other Loan Document.

Appears in 1 contract

Sources: Credit Agreement (ProFrac Holding Corp.)

Performance by ▇▇▇▇▇▇. If Borrowers Borrower shall fail to perform any covenant or agreement contained in any of the Loan Documents, then Lender may perform or attempt to perform such covenant or agreement on behalf of BorrowersBorrower. In such event, Borrowers Borrower shall, at the request of ▇▇▇▇▇▇Administrative Agent, promptly pay to Administrative Agent any amount reasonably 61 expended by ▇▇▇▇▇▇ in connection with such performance or attempted performance to ▇▇▇▇▇▇performance, together with interest thereon at the Default Interest Rate from and including the date of such expenditure to but excluding the date such expenditure is paid in full. Notwithstanding the foregoing, it is expressly agreed that Lender shall not have any liability or responsibility for the performance of any covenant, agreement, or other obligation of Borrowers Borrower under this Agreement or any other Loan Document.

Appears in 1 contract

Sources: Credit and Security Agreement (loanDepot, Inc.)