Affirmative Covenants of Holdings. From the Closing Date until the Facility Termination Date:
Affirmative Covenants of Holdings. From the Closing Date until the Facility Termination Date: (a) Compliance with Constituent Documents and Scope of Business. Except as would not, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect, Holdings will observe all organizational procedures required by its Constituent Documents. Without limiting the foregoing, Holdings will limit the scope of its business to: (i) the acquisition of Portfolio Assets and the ownership and management of the Portfolio Assets and the related assets in the Collateral Portfolio, (ii) the sale, transfer or other disposition of Portfolio Assets as and when permitted under the Transaction Documents, (iii) entering into and performing under the Transaction Documents, consenting or withholding consent as to proposed amendments, waivers and other modifications of the Equity Investment Agreements to the extent not in conflict with the terms of this Agreement or any other Transaction Document, (iv) exercising any rights (including but not limited to voting rights and rights arising in connection with a Bankruptcy Event with respect to an Obligor or the consensual or non‐ judicial restructuring of the debt or equity of an Obligor) or remedies in connection with the Portfolio Assets and participating in the committees (official or otherwise) or other groups formed by creditors of an Obligor to the extent not in conflict with the terms of this Agreement or any other Transaction Document, (v) acquiring Portfolio Assets directly from third‐parties (other than the Co‐Borrowers) on an arms‐length basis, (vi) contracting with third–parties to provide services as may be required from time to time by Holdings in connection with the Transaction Documents, including legal, investment, accounting, data processing, administrative and management services, (vii) taking any and all other action necessary to maintain the existence of Holdings as a limited liability company in good standing under the laws of the State of Delaware and/or to qualify Holdings to do business as a foreign limited liability company in any other state in which such qualification is required, and (viii) engaging in those lawful activities, including entering into other agreements and any amendments, supplements or restatements to the Transaction Documents to which it is a party or such other agreements and issuing any other instruments, that are necessary, convenient or advisable to accomplish the foregoing or are incidental the...
Affirmative Covenants of Holdings. From the Closing Date until the Facility Termination Date: (a) Preservation of Trust Existence. Holdings will preserve and maintain its trust existence, rights, franchises and privileges in the jurisdiction of its formation and will promptly obtain and thereafter maintain qualifications to do business as a statutory trust in any other State in which it does business and in which it is required to so qualify under Applicable Law unless the failure to be so qualified would not reasonably be expected to result in a Material Adverse Effect. Notwithstanding anything to the contrary herein, each of the parties hereto acknowledges and agrees that Xxxxxxx Secured Lending III (in its various capacities hereunder), upon thirty (30) days prior written notice to the Initial Lender (i) may be succeeded by any successor by merger or other business combination that is managed or advised by Carlyle Global Credit Investment Management L.L.C. or an affiliate thereof, provided that such successor is and was not insolvent or subject to any bankruptcy or insolvency proceedings at any time during or prior to such merger or other business combination, (ii) any such merger or other business combination and succession shall be permitted hereunder, subject to the conditions set forth herein, and (iii) upon such merger or other business combination, such successor by merger or other business combination shall automatically succeed to the various capacities of Carlyle Secured Lending III hereunder; provided that, in each case,
Affirmative Covenants of Holdings xliii SECTION 5.02. Negative Covenants of Holdings.........................................................xliv SECTION 5.03.
Affirmative Covenants of Holdings. Holdings hereby covenants and agrees that, from the date of this Agreement to the Effective Time, unless otherwise expressly contemplated by this Agreement or consented to in writing by Company (which consent will not be unreasonably withheld or delayed), Holdings will and will cause its subsidiaries to:
Affirmative Covenants of Holdings. Holdings covenants and agrees that it will perform the obligations set forth in this SECTION 7. From and following the date when the Funding LLC Notes are repaid in full and each Lessor Note (or participation interest therein), if any, that shall have been assigned or otherwise transferred to the APA Purchasers pursuant to Section 18(h) of the APA has been paid in full, (i) the obligations of Holdings set forth in SECTION 7.1 (d),(e), (l) and 7.4 hereof shall apply with respect to the Facility only and (ii) the covenant set forth in SECTION 7.1(n) hereof shall no longer have any force and effect.
