Affirmative Covenant. So long as the Note shall remain unpaid, the Borrower will, unless the Lender shall otherwise consent in writing:
Affirmative Covenant. The Company shall use the proceeds of the sale of the Purchase Shares pursuant to this Agreement for market expansion, working capital or other general corporate purposes, subject to any required approval by the Board and Shareholders in accordance with the Amended Articles and the Amended XXX.
Affirmative Covenant. The Guarantor hereby covenants and agrees that, until payment in full of the Guaranteed Obligations and termination of all commitments with respect thereto, the Guarantor shall comply with all of the covenants and other provisions of the Debentures which apply to it (if any).
Affirmative Covenant. Each of the Shareholders covenants and agrees that, prior to the Closing Date, such Shareholder will take all commercially reasonable actions necessary to ensure that the Company complies with Articles V and VII hereof.
Affirmative Covenant. (a) Each Grantor covenants and agrees with the Purchaser that, from and after the date of this Agreement until this Agreement is terminated and the security interests created hereby are released if such Grantor shall, as a result of its ownership of the Pledged Stock or Pledged Indebtedness or otherwise become entitled to receive or shall receive any stock certificate (including, without limitation, any certificate representing a stock dividend or a distribution in connection with any reclassification, increase or reduction of capital or any certificate issued in connection with any reorganization), option or rights, whether in addition to, in substitution of, as a conversion of, or in exchange for any shares of or other interests in the Pledged Stock, or otherwise in respect thereof or any note or Instrument of any Issuer or promissory notes or Instruments required to be pledged to the Purchaser pursuant to Section 4.1 hereof or any other Note Document, such Grantor shall accept the same as the agent of the Purchaser, hold the same in trust for the Purchaser and deliver the same forthwith to the Purchaser in the exact form received, together with in the case of Pledged Stock an undated stock power or other suitable transfer document covering such certificate duly executed in blank by such Grantor and with, if the Purchaser so requests, signature guaranteed and together with in the case of any Pledged Indebtedness an allonge or other endorsement duly executed in blank by such Grantor, to be held by the Purchaser, subject to the terms hereof, as additional collateral security for the Secured Obligations. Any sums paid upon or in respect of the Pledged Stock or Pledged Indebtedness upon the liquidation or dissolution of any Issuer shall be paid over to the Purchaser to be held by it hereunder as additional collateral security for the Secured Obligations, and in case any distribution of capital shall be made on or in respect of the Pledged Stock or any property shall be distributed upon or with respect to the Pledged Stock or Pledged Indebtedness pursuant to the recapitalization or reclassification of the capital of any Issuer or pursuant to the reorganization thereof or otherwise, the property so distributed shall be delivered to the Purchaser to be held by it hereunder as additional collateral security for the Secured Obligations. If any sums of money or property so paid or distributed in respect of the Pledged Stock shall be received by any Grantor, such G...
Affirmative Covenant. So long as the Note shall remain unpaid, the Borrower will, unless the Lender shall otherwise consent in writing:
(A) COMPLIANCE WITH LAWS, ETC. Comply, and cause each of its subsidiaries to comply, in all material respects, with all applicable laws, rules, regulations and orders, such compliance to include, without limitation, paying before the same become delinquent all taxes, assessments and governmental charges imposed upon it or upon its property except to the extent contested in good faith.
Affirmative Covenant. The Borrower hereby agrees that, so long as the Commitments remain in effect or any Loan or other amount is owing to any Lender or the Administrative Agent hereunder, the Borrower shall furnish to the Administrative Agent and each Lender:
(a) as soon as available, but in any event within 90 days after the end of each fiscal year of the Borrower commencing with the fiscal year ended December 31, 2017, a copy of the audited consolidated balance sheet of the Borrower and its consolidated subsidiaries as at the end of such year and the related audited consolidated statements of income and of cash flows for such year, reported on without a “going concern” or like qualification or exception, or qualification arising out of the scope of the audit, by an independent certified public accountants of nationally recognized standing; and
(b) as soon as available, but in any event not later than 45 days after the end of each of the first three quarterly periods of each fiscal year of the Borrower (commencing with the fiscal quarter ended September 30, 2017), the unaudited consolidated balance sheet of the Borrower and its consolidated subsidiaries as at the end of such quarter and the related unaudited consolidated statements of income and of cash flows for such quarter and the portion of the fiscal year through the end of such quarter. All such financial statements shall be complete and correct in all material respects and shall be prepared in accordance with GAAP. Timely filing of such statements with the Securities and Exchange Commission shall constitute compliance with this Article V; provided that the Borrower agrees to provide hard copies of such statements to any Lender upon the reasonable request of such Lender made to the address provided in Section 8.01(b).
Affirmative Covenant. The Customer expressly covenants with the Bank that at all times during the continuance of the Facility, the Customer shall ensure that:-
(a) Ranking
(i) liabilities which are subject to liens or rights of set off arising in the normal course of trading and the aggregate amount of which is not material to the Bank;
(ii) liabilities which are preferred solely by the laws of Malaysia and not by reason of any Security Interest; and
(iii) any Security Interest created which is disclosed to the Bank prior to the date hereof
Affirmative Covenant. If any Applicable Action is required to be approved pursuant to Section 4(e) of the Series E Certificate of Designation and is approved pursuant to Section 4(e) of the Series E Certificate of Designation, then Oak and any other Stockholder who owns, beneficially or of record, shares of Series C Preferred Stock shall (a) provide an affirmative vote or written consent (with respect to all shares of Series C Preferred Stock held of record or beneficially by them or over which they exercise voting control) for such Applicable Action pursuant to Section 4(d) of the Series C Certificate of Designation, or (b) in lieu of the affirmative vote or written consent contemplated by the foregoing clause (a), provide an affirmative vote or written consent (with respect to all shares of Series C Preferred Stock held of record or beneficially by them or over which they exercise voting control) to waive the provisions of Section 4(d) of the Series C Certificate of Designation (pursuant to Section 11 of the Series C Certificate of Designation) with respect to such Applicable Action. As used herein, the term “Applicable Action” means any action with respect to which the Company is required to obtain the affirmative vote or written consent of any holders Series C Preferred Stock pursuant to Section 4(d) of the Series C Certificate of Designation (whether together as a single class with the holders of Series D Preferred Stock and Series D-1 Preferred Stock or acting on their own due to the Series D Preferred Stock and Series D-1 Preferred Stock not being entitled to participate in such affirmative vote or written consent for any reason).
Affirmative Covenant. Until all of the Secured Obligations have been Paid in Full, each Loan Party executing this Agreement covenants and agrees, jointly and severally with all of the other Loan Parties, with the Lenders that:
