Additional Affirmative Covenants of the Company. Subject to the terms and conditions hereof, for the duration of the Restructuring Support Period, the Company shall:
(i) to the extent permitted by the Bankruptcy Court and applicable law, cause the signature pages attached to this Agreement to be redacted to the extent this Agreement is filed on the docket maintained in the Chapter 11 Cases, posted on the Company’s website, or otherwise made publicly available;
(ii) to the extent not otherwise paid in connection with the Chapter 11 Cases (including pursuant to any debtor-in-possession financing or the Cash Collateral Stipulation), promptly pay in cash (A) upon the execution of this Agreement by the Company, all accrued First Lien Fees and Expenses for which invoices or receipts are furnished by the First Lien Professionals and/or Consenting Creditors, (B) following the execution of this Agreement by the Company and prior to the Petition Date, all First Lien Fees and Expenses for which invoices or receipts are furnished by the First Lien Professionals and/or Consenting Creditors, and (C) after the Petition Date, subject to the Bankruptcy Court’s approval of the Company’s use of Cash Collateral, all unpaid First Lien Fees and Expenses incurred after the date of this Agreement from time to time, in any event within ten (10) Business Days of delivery to the Company of any applicable invoice or receipt, which shall be in compliance with any order of the Bankruptcy Court and payment of which shall be authorized pursuant to the Cash Collateral Stipulation. For the avoidance of doubt, invoices on account of First Lien Professional Fees shall contain summary detail of services performed to enable the Company to determine the reasonableness of such First Lien Professional Fees. The Company’s obligations to pay the First Lien Professional Fees shall not be affected or reduced by the payment of any First Lien Professional Fees by any holder of First Xxxx Xxxx Debt, irrespective of whether such holder remains a holder of First Xxxx Xxxx Debt as of the date of this Agreement or is a Consenting Creditor; and
(iii) within five (5) Business Days after satisfaction of the conditions to effectiveness of this Agreement set forth in Section 15 hereof, the Company shall enter into amended account control agreements with respect to the Deposit Accounts preventing the withdrawal of funds outside of the ordinary course of business from such Deposit Accounts, and the Company agrees that during such five (5) Business Day period, it...
Additional Affirmative Covenants of the Company. The Company agrees that, during the period beginning on the Execution Date and ending on the Termination Date, the Company shall, and to the extent legally permitted, shall cause the Company Subsidiaries to:
(a) maintain its corporate existence in good standing;
(b) comply with all material Governmental Requirements applicable to the operation of its business in all material respects;
(c) comply with all material agreements, documents and instruments binding on it or affecting its Properties or business, including, without limitation, all material contracts, in all material respects; and
(d) maintain commercially reasonable insurance coverage (including D&O insurance) for the Company and each Company Subsidiary.
Additional Affirmative Covenants of the Company. Subject to the terms and conditions hereof, for the duration of the Restructuring Support Period, the Company shall enforce, and not waive or delay the enforcement of, its rights either (a) as a third-party beneficiary under the Merger Agreement and the Sponsor Voting Agreements or (b) pursuant to the CIE Proceeds Agreement, provided that the Company can waive or delay the enforcement of such rights with the reasonable consent of the Requisite Consenting Creditors.
Additional Affirmative Covenants of the Company. The Company hereby covenants and agrees, so long as any share of Series G Preferred Stock remains outstanding, as follows:
Additional Affirmative Covenants of the Company. The Company covenants and agrees that on and after the Closing Date and until the consummation of a Qualified Public Offering it will:
Additional Affirmative Covenants of the Company. During the period beginning on the Execution Date and ending on the Termination Date, the Company shall, and shall cause each of its Material Subsidiaries to:
(a) maintain its corporate existence in good standing;
(b) provide each Investor with copies of all materials sent to its shareholders at the same time as such materials are delivered to such shareholders; and
(c) if such entity was required by the Exchange Act to file reports with the Commission at any time while Notes are outstanding, timely file all reports required to be filed pursuant to the Exchange Act and refrain from terminating its status as an issuer required by the Exchange Act to file reports thereunder even if the Exchange Act or the rules or regulations thereunder would permit such termination.
Additional Affirmative Covenants of the Company. Subject to the terms and conditions hereof, for the duration of the Restructuring Support Period, the Company shall to the extent permitted by the Bankruptcy Court and applicable law, cause the signature pages attached to this Agreement to be redacted to the extent this Agreement is filed on the docket maintained in the Chapter 11 Cases, posted on the Company’s website, or otherwise made publicly available;
Additional Affirmative Covenants of the Company. Unless such covenant is waived by the Majority Bank Creditors, the Company shall use reasonable efforts to obtain an opinion of Company counsel to the Consenting Bank Creditors that all CPLV and Non-CPLV leases are “true” and “unitary” on or before the Effective Date of the CEOC Plan. Without limiting the rights of the Consenting Bank Creditors as described in the preceding sentence, in the event that the Company is unable to provide such an opinion and the Consenting Bank Creditors do not waive such covenant, then the Consenting Bank Creditors shall be provided reasonable opportunity to identify other nationally recognized counsel to issue such opinions (at the Company’s expense).
Additional Affirmative Covenants of the Company. On and after the date hereof and until the payment in full of the Purchasers’ Notes and the performance of all other obligations of the Company hereunder, the Company agrees that, unless the Purchasers shall otherwise consent in writing:
Additional Affirmative Covenants of the Company. During the period from the date of this Agreement and continuing until the earlier of Closing or the termination of this Agreement, except as otherwise permitted by this Agreement:
(a) the Company and each Company Subsidiary shall carry on its business in the usual, regular and ordinary course in substantially the same manner as heretofore conducted (including, without limitation, collection of accounts receivables and payment of accounts payables); and
(b) the Company and each Company Subsidiary shall use commercially reasonable efforts to (i) preserve the assets of the Company and each Company Subsidiary, (ii) retain the services of the Company’s and each Company Subsidiary’s employees (subject to performance and other standards), (iii) preserve its relationships with customers under the Customer Contracts and suppliers and others having business dealings with the Company and each Company Subsidiary, (iv) maintain supplies and inventories of the business in quantities consistent with its customary business practice, (v) keep in effect insurance insuring the business of the Company and each Company Subsidiary and the assets of the Company and each Company Subsidiary comparable in amount and scope of coverage to that currently maintained, and (vi) maintain in effect all existing material Permits.
