AFFIRMATIVE COVENANTS 49 Sample Clauses

AFFIRMATIVE COVENANTS 49. Section 6.1 Information as to Issuer 49 Section 6.2 Compliance with Laws 49 Section 6.3 Conduct of Business and Maintenance of Existence and Assets 49 Section 6.4 Books and Records 49 Section 6.5 Payment of Taxes 49 Section 6.6 Insurance 50 Section 6.7 CP Insurance Policy 51 Section 6.8 Intellectual Property Assignments 51 Section 6.9 Anti-Terrorism Laws 51 Section 6.10 Additional Collateral; Additional Guarantors 52 Section 6.11 Deposit Accounts 52 Section 6.12 Further Assurances; Post-Closing Obligations 52 ARTICLE VII. NEGATIVE COVENANTS 53 Section 7.1 Merger, Consolidation, Acquisition and Sale of Assets 53 Section 7.2 Creation of Liens 54 Section 7.3 Use of Proceeds 54 Section 7.4 Investments 54 Section 7.5 Restricted Payments 55 Section 7.6 Indebtedness 55 Section 7.7 Nature of Business 58 Section 7.8 Transactions with Affiliates 59 Section 7.9 Subsidiaries 59 Section 7.10 Fiscal Year and Accounting Changes 59 Section 7.11 Pledge of Credit 59 Section 7.12 Changes in Name, Legal Form, Etc 59 Section 7.13 Modifications of Terms of Junior Financing or Organizational Documents 60 Section 7.14 CP Insurance Policy 60 Section 7.15 Intellectual Property 61 Section 7.16 Anti-Terrorism Laws 61 ARTICLE VIII. CONDITIONS PRECEDENT 61 Section 8.1 Closing Date Conditions 61 Section 8.2 Delayed Draw Conditions 65 ARTICLE IX. INFORMATION AS TO ISSUER 66 Section 9.1 Financial Statements and Other Information 66 Section 9.2 Collateral Reporting 68 Section 9.3 Liquidity Threshold Reporting 68 Section 9.4 IP Security Agreements 69 Section 9.5 Quarterly Note Purchaser Calls 69 ARTICLE X. EVENTS OF DEFAULT 69 Section 10.1 Events of Default 69 ARTICLE XI. SECURED PARTIES’ RIGHTS AND REMEDIES AFTER DEFAULT 72 Section 11.1 Rights and Remedies 72 Section 11.2 Collateral Agent’s Discretion 73 Section 11.3 Setoff 73 Section 11.4 Intellectual Property License 73 Section 11.5 Rights and Remedies not Exclusive 74 Section 11.6 Allocation of Payments After Event of Default 74 ARTICLE XII. XXXXXXX AND JUDICIAL PROCEEDINGS 74 Section 12.1 Waiver of Notice 74 Section 12.2 Delay 74 Section 12.3 Jury Waiver 75 ARTICLE XIII. EFFECTIVE DATE AND TERMINATION 75 Section 13.1 Term 75 Section 13.2 Termination 75 ARTICLE XIV. MISCELLANEOUS 76 Section 14.1 Governing Law 76 Section 14.2 Entire Understanding; Amendments 76 Section 14.3 Successors and Assigns 77 Section 14.4 Application of Payments 78 Section 14.5 Indemnity 79 Section 14.6 Notices 79 Section 14.7 Survival 81 Section 14.8 Severability...
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AFFIRMATIVE COVENANTS 49. Section 5.1. Financial Statements and Other Reports 49 Section 5.2. Corporate Existence 55 Section 5.3. Payment of Taxes and Claims; Tax Consolidation 55 Section 5.4. Maintenance of Properties; Insurance 55 Section 5.5. Inspection 56 Section 5.6. Compliance With Laws, Etc 56 Section 5.7. Hazardous Materials 56 Section 5.8. Contractual Obligations 57 Section 5.9. Employee Benefit Plans 57 Section 5.10. FAA Matters; Citizenship 57 Section 5.11. Lower-Tier Covered Transaction 57 Section 5.12. Comptroller General Audits and Reviews 58 Section 5.13. Appraisal Reports; Additional Collateral 58 Section 5.14. Additional Subsidiaries 58 Section 5.15. Control of Deposit Accounts and Securities Accounts 59 Section 5.16. Further Assurances 59 Section 5.17. Credit Rating of Loan 59 Section 5.18. Payments Under Air Mobility Command Agreement 59
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AFFIRMATIVE COVENANTS 49. Section 6.01 Financial Statements and Other Information 49 Section 6.02 Notices of Material Events 51 Section 6.03 Existence; Conduct of Business 51 Section 6.04 Payment of Obligations 51 Section 6.05 Maintenance of Properties; Insurance 51
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AFFIRMATIVE COVENANTS 49. Section 7.1. Preservation of Existence and Similar Matters. 49 Section 7.2. Compliance with Applicable Law. 49 Section 7.3. Maintenance of Property. 49 Section 7.4. Conduct of Business. 50 Section 7.5. Insurance. 50 Section 7.6. Payment of Taxes and Claims. 50 Section 7.7. Visits and Inspections. 50 Section 7.8. Use of Proceeds. 50 Section 7.9. Environmental Matters. 51 Section 7.10. Books and Records. 51 Section 7.11. Further Assurances. 51 Section 7.12. New Subsidiaries/Guarantors. 52 Section 7.13. REIT Status. 52 Section 7.14. Exchange Listing. 52 ARTICLE VIII. INFORMATION 52 Section 8.1. Quarterly Financial Statements. 52 Section 8.2. Year-End Statements. 53 Section 8.3. Compliance Certificate; Other Reports. 53 Section 8.4. Other Information. 53 Section 8.5. Electronic Delivery of Certain Information. 55 Section 8.6. Public/Private Information. 57
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AFFIRMATIVE COVENANTS 49. Section 5.01Financial Statements and Other Information 49 (a)Annual Audited Financial Statements 49 (b)Quarterly Financial Statements 49 (c)Compliance Statements 50 (d)Accountant No Default Certificate 50 (e)Other Reports 50 (f)Other Information 50 Section 5.02Notices of Material Events 50 Section 5.03Existence; Conduct of Business 51 Section 5.04Payment of Obligations 51 Section 5.05Maintenance of Properties 51 Section 5.06Insurance 51 Section 5.07Compliance with Laws 51 Section 5.08Books and Records; Inspection Rights 52 Section 5.09Use of Proceeds 52 Section 5.10General Further Assurances 52 ARTICLE VI NEGATIVE COVENANTS 52 Section 6.01Limitation on Restricted Payments 52 Section 6.02Limitation on Sale/Leaseback Transactions 56 Section 6.03Limitation on Restrictions on Distributions from Restricted Subsidiaries 56 Section 6.04Limitation on Sales of Assets 58 (a)Asset Dispositions 58
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Related to AFFIRMATIVE COVENANTS 49

  • AFFIRMATIVE COVENANTS So long as any Lender shall have any Commitment hereunder, any Loan or other Obligation hereunder shall remain unpaid or unsatisfied, or any Letter of Credit shall remain outstanding, the Borrower shall, and shall (except in the case of the covenants set forth in Sections 6.01, 6.02, and 6.03) cause each Subsidiary to:

  • Affirmative Covenants of the Company The Company hereby covenants and agrees as follows:

  • AFFIRMATIVE AND NEGATIVE COVENANTS The Borrower covenants and agrees that, so long as any Bank has any Commitment hereunder or any Obligations remain unpaid:

  • CERTAIN AFFIRMATIVE COVENANTS The Company or, to the extent required hereunder, any Subsidiary should fail to perform or comply with Sections 9(A) through 9(H)(ii), 9(H)(vi) through 9(H)(viii) or any reporting covenant set forth in any Supplement hereto, and such failure continues for 15 days after written notice thereof shall have been delivered by Agent to the Company.

  • Affirmative Covenants of Seller (a) Seller, at Seller's sole cost and expense, shall until the earlier of, the Closing Date or termination of this Agreement, keep and perform or cause to be performed in all material respects: (i) all obligations of the lessor under the Leases, and (ii) all obligations of Seller under the Legal Requirements if Seller's failure to perform any of such Legal Requirements would adversely affect Seller's ability to consummate this Agreement. (b) From the date of Seller's acceptance hereof to the earlier of, the Closing Date or termination of this Agreement, Seller shall not do, suffer or permit or agree to do any of the following: (i) Enter into any transaction in respect to or affecting the Proper out of the ordinary course of business; (ii) Except for Seller's execution of New Leases, as provided in Section 4.3(e), sell, encumber, or grant any interest in the Property in any form or manner whatsoever, or otherwise perform or permit any act which will diminish or otherwise affect Purchaser's interest under this Agreement or in the Property, or which will prevent Seller's full performance of its obligations hereunder. (c) From the date of Seller's acceptance hereof to the earlier of the Closing Date or termination of this Agreement, upon reasonable advance notice from Purchaser (which notice shall be not less than one business day in advance and shall be two (2) business days in advance if Purchaser desires to inspect any occupied portions of the Improvements) Seller shall permit representatives, accountants, agents, employees, lenders, contractors, appraisers, architects and engineers designated by Purchaser (collectively "Permittees") access to and entry upon the Property to examine, inspect, measure and test the Property and access to the office of Seller to review Seller's books and records relating to the operation thereof. Seller shall have the right to require that a representative of Seller may accompany any or all of the Permittees. If Purchaser desires to conduct any environmental sampling or testing at the Property (other than a customary Phase 1 Environmental Report which involves no intrusive testing or sampling), Purchaser shall first provide Seller with the proposed study plan therefor ("Plan"). The Plan is subject to the approval of Seller and no environmental sampling or testing shall be performed until the Plan therefor has been approved by Seller. Purchaser agrees that Seller may have a representative present at any inspection, sampling or testing, including, but not limited to, an environmental engineer or consultant designated by Seller (in connection with any environmental sampling or testing conducted by Purchaser in accordance with this Section 7(c). At Seller's request, any sampling or testing by Purchaser's environmental consultant shall be conducted in a manner so as to provide "split" samples or data to Seller's environmental consultant. Purchaser does hereby indemnify and forever defend and hold Seller, its partners, agents, and employees harmless from any loss, liability, suit, action judgment, or claim (including, without limitation, any mechanics' liens which may be filed against the Property) which any of the indemnified parties may suffer or sustain as a result of the exercise by Purchaser of its rights (and that of its Permittees) to enter upon the Property or the office of Seller pursuant to this Section 7.1(c). Prior to any such entry, Purchaser (or its Permittees) will deliver to Seller a certificate of Commercial General Liability insurance naming Seller and its partners as additional insured thereunder in coverage amounts of not less than $1,000,000.00 per occurrence. If the Closing does not occur for any reason, Purchaser will restore (or cause to be restored), the Property to its former condition to the extent Purchaser or its Permittees have altered or damaged the Property in any manner. (d) Seller shall notify Purchaser promptly if Seller becomes aware of any transactions or occurrence prior to the Closing Date which would make any of the representations or warranties of Seller contained in Section 7.2 hereof not true in any material respect. (e) Any vacant rentable space in the Real Property will be placed into Rent Ready Condition which is defined to be that all walls are patched and freshly painted, each space to be demised has a fully-fixtured and operable bathroom, and all doors have locks and are operable, the ceiling is completed with acoustical tile and standard fluorescent lighting and the floor is in broom-clean condition. (f) Seller agrees to cooperate with Purchaser's accountants (at no cost or expense to Seller) relative to the performance by said accountants of an audit of Seller's books and records relating to the Property. If Purchaser's auditors shall request Seller to execute a representation letter addressed to the auditors and Seller and the auditors cannot agree on the content thereof, Purchaser may terminate this Agreement at any time prior to the Closing Date by written notice to Seller whereupon Purchaser shall obtain a return of the Deposit and Seller shall reimburse Purchaser for the actual costs of Purchaser's appraisal and environmental study to a maximum amount of $8,500.00 and this Agreement shall become null and void and of no further force or effect.

  • Affirmative Covenants of the Borrower So long as any Advance shall remain unpaid or the Liquidity Provider shall have any Maximum Commitment hereunder or the Borrower shall have any obligation to pay any amount to the Liquidity Provider hereunder, the Borrower will, unless the Liquidity Provider shall otherwise consent in writing:

  • Additional Affirmative Covenants All affirmative covenants made by the Borrowers or Guarantors or any of them in the Credit Agreement are incorporated herein by reference and are hereby also made by Trustor as to itself and the Trust Property as though such covenants were set forth at length herein as the covenants of Trustor.

  • Affirmative Covenants of the Seller From the date hereof until the Collection Date:

  • AFFIRMATIVE COVENANTS OF THE BORROWERS Until such time as all amounts of principal and interest due to the Bank by a Borrower pursuant to any Loan made to such Borrower is irrevocably paid in full, and until the Bank is no longer obligated to make Loans to such Borrower, such Borrower (for itself and on behalf of its respective Funds) agrees: (a) To deliver to the Bank as soon as possible and in any event within ninety (90) days after the end of each fiscal year of such Borrower and the applicable Funds, Statements of Assets and Liabilities, Statements of Operations and Statements of Changes in Net Assets of each applicable Fund for such fiscal year, as set forth in each applicable Fund's Annual Report to shareholders together with a calculation of the maximum amount which each applicable Fund could borrow under its Borrowing Limit as of the end of such fiscal year; (b) To deliver to the Bank as soon as available and in any event within seventy-five (75) days after the end of each semiannual period of such Borrower and the applicable Funds, Statements of Assets and Liabilities, Statements of Operations and Statements of Changes in Net Assets of each applicable Fund as of the end of such semiannual period, as set forth in each applicable Fund's Semiannual Report to shareholders, together with a calculation of the maximum amount which each applicable Fund could borrow under its Borrowing Limit at the end of such semiannual period; (c) To deliver to the Bank prompt notice of the occurrence of any event or condition which constitutes, or is likely to result in, a change in such Borrower or any applicable Fund which could reasonably be expected to materially adversely affect the ability of any applicable Fund to promptly repay outstanding Loans made for its benefit or the ability of such Borrower to perform its obligations under this Agreement or the Note; (d) To do, or cause to be done, all things necessary to preserve and keep in full force and effect the corporate or trust existence of such Borrower and all permits, rights and privileges necessary for the conduct of its businesses and to comply in all material respects with all applicable laws, regulations and orders, including without limitation, all rules and regulations promulgated by the SEC; (e) To promptly notify the Bank of any litigation, threatened legal proceeding or investigation by a governmental authority which could materially affect the ability of such Borrower or the applicable Funds to promptly repay the outstanding Loans or otherwise perform their obligations hereunder; (f) In the event a Loan for the benefit of a particular Fund is not repaid in full within 10 days after the date it is borrowed, and until such Loan is repaid in full, to deliver to the Bank, within two business days after each Friday occurring after such 10th day, a statement setting forth the total assets of such Fund as of the close of business on each such Friday; and (g) Upon the request of the Bank, which may be made by the Bank from time to time in the event the Bank in good faith believes that there has been a material adverse change in the capital markets generally, to deliver to the Bank, within two business days after such request, a statement setting forth the total assets of each Fund for whose benefit a Loan is outstanding on the date of such request.

  • AFFIRMATIVE COVENANTS OF BORROWER Borrower agrees that so long as it is indebted to Bank, under borrowings, or other indebtedness, or so long as Bank has any obligation to extend credit to Borrower it will, unless Bank shall otherwise consent in writing:

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