Common use of Performance of Covenants by Warrant Agent Clause in Contracts

Performance of Covenants by Warrant Agent. If the Warrant Agent is made aware of the failure of WorldHeart to perform any of its obligations under this Indenture, the Warrant Agent may notify the Warrantholders of such failure or may itself perform any of such obligations capable of being performed by it, but, subject to Section 10.3, will not be bound to do so or to notify the Warrantholders that it is so doing. All sums expended or advanced by the Warrant Agent in so doing will be repayable as provided in Section 6.2. No such performance, expenditure or advance by the Warrant Agent will relieve WorldHeart of any default or of its continuing obligations hereunder.