Borrower Affirmative Covenants. Borrower hereby covenants and agrees with Lender that:
Borrower Affirmative Covenants. Until the Commitment terminates in full and the Obligations are paid and performed in full, Borrower agrees that, unless Lender otherwise agrees in writing in Lender’s absolute and sole reasonable:
Borrower Affirmative Covenants. From and after the Closing Date until the repayment in full of the Debt, Borrower hereby covenants and agrees with Administrative Agent and the Lenders that:
Borrower Affirmative Covenants. From the date hereof until payment of the Secured Indebtedness in full, Borrower hereby covenants and agrees with Lender that:
Borrower Affirmative Covenants. Until the Commitment terminates in full and the Obligations are paid and performed in full, Xxxxxxxx agrees that:
Borrower Affirmative Covenants. Until the indefeasible repayment in full of the Debt, Borrower hereby covenants and agrees with Agent and Lenders that:
Borrower Affirmative Covenants. Until the Commitment terminates in full and the Obligations are otherwise paid and performed in full, Borrower agrees to be bound by and to perform each of the covenants in this ARTICLE 6.
Borrower Affirmative Covenants. The Borrower shall:
(a) keep proper books of record and account in accordance with GAAP in which full, true and correct entries are made of all dealings and transactions in relation to its business and activities;
(b) preserve, renew and keep in full force and effect its legal existence and, except where the failure to do so, individually or in the aggregate, could not be reasonably expected to result in a Material Adverse Effect;
(c) except where the failure to do so, individually or in the aggregate, could not be reasonably expected to result in a Material Adverse Effect, comply with all applicable Governmental Rules including ERISA and Environmental Laws and Governmental Approvals applicable to the Borrower;
(d) pay its obligations, including Tax liabilities, that, if not paid, could result in a Material Adverse Effect before the same shall become delinquent or in default, except where (i) the validity or amount thereof is being contested in good faith by appropriate proceedings, (ii) the Borrower has set aside adequate cash reserves with respect thereto in accordance with GAAP, and (iii) the failure to make payment pending such contest could not reasonably be expected to result in a Material Adverse Effect;
(e) furnish to the Administrative Agents, within 120 days after the end of each fiscal year of the Borrower, the audited consolidated balance sheet and related statements of operations, shareholders’ equity and cash flows of the Borrower as of the end of and for such year, setting forth in each case in comparative form the figures for the previous fiscal year, all reported on by PricewaterhouseCoopers or other independent public accountants of recognized national standing (without a “going concern” or like qualification or exception and without any qualification or exception as to the scope of such audit) to the effect that such consolidated financial statements present fairly in all material respects the financial condition and results of operations of the Borrower and its Subsidiaries on a consolidated basis in accordance with GAAP consistently applied;
(f) furnish to the Administrative Agents, within 60 days after the end of each of the first three fiscal quarters of each fiscal year of the Borrower, the consolidated balance sheet and related statements of operations, shareholders’ equity and cash flows of the Borrower as of the end of and for such fiscal quarter and the then elapsed portion of the fiscal year, setting forth in each case in compa...
Borrower Affirmative Covenants. Each Borrower hereby covenants and agrees with Lender that throughout the Term:
Borrower Affirmative Covenants. Borrower hereby covenants and agrees with Lender from and after the date hereof and until the full payment and performance of all obligations under the Loan Documents, that: