AFFIRMATIVE COVENANTS OF THE. BORROWER 20 5.1 Repayment of Indebtedness 20 5.2 Existence, Conduct of Business, Properties, Etc. 20 5.3 Performance of Covenants and Obligations 20 5.4 Use of Funds 20 5.5 Accounts 20 5.6 Compliance with Legal Requirements 21 5.7 Operating Budgets 21 5.8 Books, Records, Access 22 5.9 Financial Statements 22 5.10 Insurance 22 5.11 Reports; Cooperation 23 5.12 Taxes and Other Governmental Charges 23 5.13 Notices 24 5.14 Expropriation Event 24 5.15 Increased Costs 24 5.16 Taxes 25 5.17 Registration of the Loans; Other Foreign Exchange Matters 25 5.18 Loan Payment Reserve 25 ARTICLE 6 - NEGATIVE COVENANTS 25 6.1 Indebtedness 26 6.2 Limitations on Liens 26 6.3 Nature of Business 26 6.4 Sale or Lease of Facility Assets 26 6.5 Merger, Consolidation, Liquidation, Dissolution 26 6.7 Loans, Advances or Investments 27 6.8 Immunity 27 6.9 Distributions 27 6.10 Transactions With Affiliates 27 6.11 Partnerships; Subsidiaries 27 6.12 Assignment 27 6.13 Abandonment of Project 28 6.14 Improper Use 28 6.15 Regulation of Parties 28 6.16 Amendments 28
AFFIRMATIVE COVENANTS OF THE. Company Other Than Reporting --------------------------------------------------------- Requirements. Without limiting any other covenants and provisions hereof, the ------------ Company covenants and agrees that, as long as any of the Notes or Warrants are outstanding, it will perform and observe the following covenants and provisions and will cause each Subsidiary to perform and observe such of the following covenants and provisions as are applicable to such Subsidiary:
AFFIRMATIVE COVENANTS OF THE. BORROWER OTHER THAN REPORTING REQUIREMENTS. From the date hereof and thereafter for so long as there is Indebtedness of the Borrower to any Lender and/or the Agent under any of the Financing Documents or any part of the Commitment is in effect, the Borrower will, with respect to itself and, unless noted otherwise below, with respect to each of its Subsidiaries, ensure that each Subsidiary will, unless the Majority Lenders shall otherwise consent in writing:
AFFIRMATIVE COVENANTS OF THE. Borrower Other than Reporting ----------- ---------------------------------------------------------- Requirements. From the date hereof and thereafter for so long as there is ------------ Indebtedness of the Borrower to any Lender and/or the Agent under any of the Financing Documents or any part of the Commitment is in effect, the Borrower will, with respect to itself and, unless noted otherwise below, with respect to each of its Subsidiaries, ensure that each Subsidiary will, unless the Majority Lenders shall otherwise consent in writing:
AFFIRMATIVE COVENANTS OF THE. Borrower Other Than Reporting Requirements 67 Section 5.02. Negative Covenants of the Borrower 73 Section 5.03 Reporting Requirements 78 Section 5.04. Confidential Financial Information 81
AFFIRMATIVE COVENANTS OF THE. BORROWERS 6.1 Financial Records, Statements and Reports and Inspection 6.2 Insurance 6.3 Other Debt 6.4 Maintenance of Existence; Conduct of Business 6.5 Expenses 6.6 Advice of Acquisition ARTICLE VII - NEGATIVE COVENANTS OF THE BORROWERS 7.l Financial Covenants 7.2 Indebtedness 7.3 Liens 7.4 Sale of Assets 7.5 Consolidation, Merger, Etc. 7.6 Investment, Advances and Guarantees 7.7 Subsidiary Ownership 7.8 Dividends, Redemptions 7.9 Release of Restrictions ARTICLE VIII - EVENTS OF DEFAULT 8.1 Events of Default ARTICLE IX - DEFINITIONS 9.1 Certain Definitions 9.2 Accounting Terms ARTICLE X - PARTICIPATIONS; SETOFFS
AFFIRMATIVE COVENANTS OF THE. BORROWER7585 7.1 Existence7585 7.2 Maintenance of Property7585 7.3 (Reserved)7585 7.4 Taxes7585 7.5 Requirements of Law7686 7.6 Insurance7686 7.7 Books and Records; Inspections7686 7.8 Notification Requirements7787 7.9 Milestones8090 7.10 Qualify to Transact Business8191 7.11 Financial Reporting8191 7.12 Payment of Liabilities8494 7.13 ERISA8494 7.14 Environmental Matters8595 7.15 Intellectual Property8595 7.16 Solvency8595 7.17 Access to Employees, Etc8595 7.18 Additional Warrants; Alternative Preferred Equity8595 7.19 Anti-Money Laundering Laws and Anti-Corruption Laws8696 7.20 Formation of Subsidiaries; Further Assurances8696 7.21 Post-Closing Covenants8797 7.22 (Reserved)8797 7.23 Residency for Dutch Tax Purposes8797 7.24 Fiscal Unity for Dutch Tax Purposes8797 7.25 Allocation of Tax Losses upon Termination of Fiscal Unity for Dutch Tax Purposes8797
AFFIRMATIVE COVENANTS OF THE. BORROWER OTHER THAN REPORTING REQUIREMENTS 48 (A) Payment Of Taxes, Etc. 48 (B) Maintenance Of Insurance 48 (C) Preservation Of Existence, Etc. 48 (D) Compliance With Laws, Etc. 48 (E) Visitation Rights 48 (F) Keeping Of Records And Books Of Account 49 (G) Maintenance Of Properties, Etc. 49 (H) Accounting System 49 (I) Other Documents, Etc. 49 (J) Ebitda Coverage 49 (K) Leverage Ratio 50 (L) Officer's Certificates And Requests 50 (M) Depository 50 (N) Replacement Of Notes 50 SECTION 5.02. NEGATIVE COVENANTS OF THE BORROWER 50 (A) Liens, Etc. 50 (B) Dissolution, Etc. 52 (C) Hostile Takeovers 53 (D) Compliance With Erisa 53 (E) Restricted Guaranties 53 SECTION 5.03. REPORTING REQUIREMENTS 53 SECTION 5.04. CONFIDENTIAL FINANCIAL INFORMATION 55 ARTICLE VI EVENTS OF DEFAULT 56 SECTION 6.01. EVENTS OF DEFAULT 56 ARTICLE VII REMEDIES OF BANKS 58 ARTICLE VIII ADMINISTRATIVE AGENT 59 ii SECTION 8.01. APPOINTMENT 59 SECTION 8.02. POWERS; GENERAL IMMUNITY 59 (A) Duties Specified 59 (B) No Responsibility For Certain Matters 60 (C) Exculpatory Provisions 60 (D) Agent Entitled To Act As Bank 60 SECTION 8.03. REPRESENTATIONS AND WARRANTIES; NO RESPONSIBILITY OR APPRAISAL OF CREDITWORTHINESS 61 SECTION 8.04. RIGHT TO INDEMNITY 61 SECTION 8.05. PAYEE OF NOTE TREATED AS OWNER 61 SECTION 8.06. RESIGNATION BY AGENT 61 SECTION 8.07. SUCCESSOR AGENT 62 SECTION 8.07. ARRANGER AND OTHER BANK CAPACITIES 62 ARTICLE IX MISCELLANEOUS 62 SECTION 9.01. CONSENT TO JURISDICTION AND SERVICE OF PROCESS 62 SECTION 9.02. IDEMNIFICATION 64 SECTION 9.03. RIGHTS AND REMEDIES CUMULATIVE 65 SECTION 9.04. DELAY OR OMISSION NOT WAIVER 65 SECTION 9.05. WAIVER OF STAY OR EXTENSION LAWS 65 SECTION 9.06. AMENDMENTS, ETC. 65 SECTION 9.07. ADDRESSES FOR NOTICES, ETC. 66 SECTION 9.08. COSTS, EXPENSES AND TAXES 67 SECTION 9.09. PARTICIPATIONS 68 SECTION 9.10. BINDING EFFECT 68 SECTION 9.11. SUBSTITUTIONS AND ASSIGNMENTS 69 SECTION 9.12. ACTUAL KNOWLEDGE 72 SECTION 9.13. GOVERNING LAW 72 SECTION 9.14. SEVERABILITY OF PROVISIONS 72 SECTION 9.15. HEADINGS 72 SECTION 9.16. COUNTERPARTS 72 SECTION 9.17. INTEGRATION 72 LOAN AGREEMENT Dated as of September 28, 1999 XXXXXXX, INC., a corporation organized under the laws of the State of Delaware and having its principal place of business at Shrewsbury Executive Center, 0000 Xxxxx Xxxxxx, Xxxxx 000, Xxxxxxxxxx, Xxx Xxxxxx 00000 (the "Borrower"), and FLEET NATIONAL BANK, a national banking association organized under the laws of the United States and having an office ...
AFFIRMATIVE COVENANTS OF THE. BORROWER The Borrower covenants and agrees that, until Payment in Full of all Obligations:
AFFIRMATIVE COVENANTS OF THE. Loan Parties 24 Section 7.2 Negative Covenants of the Loan Parties 31
