Common use of BORROWER'S ADDITIONAL COVENANTS Clause in Contracts

BORROWER'S ADDITIONAL COVENANTS. Borrower hereby agrees and covenants as follows: (i) except for the security interest granted hereby, Borrower shall keep the Equipment free and clear of any security interest, lien or encumbrance and shall not sell, lease, assign (by operation of law or otherwise), exchange or otherwise dispose of any of the Equipment, (ii) at the request of the Lender, Borrower shall execute one or more Financing Statements and continuation statements pursuant to the Uniform Commercial code to establish and maintain its security interest in the Collateral, in form satisfactory to Lender, and will pay any filing fees and/or costs with respect thereto and for lien searches; (iii) Borrower authorizes Lender to file one or more Financing Statements covering the Collateral without Borrower's signature thereto; (iv) Borrower will immediately notify Lender in writing of any change in its place(s) of business or the adoption or change of any trade name or fictitious business names and will execute any additional Financing Statements as Lender may request to perfect and maintain its security interest, but such notice shall not be deemed an authorization to move the Collateral without the prior written consent of Lender; (vi) Borrower will allow Lender and its representatives free access to the Collateral at all times during normal business hours, for purposes of inspection and repair and, following an Event of Default, lender shall have the right to demonstrate and show the Collateral to others and (vii) Borrower will furnish to Lender (and will cause any guarantor of Borrower's obligations hereunder to furnish to Lender) (a) its unaudited quarterly Financial Statements within thirty (30) days after the end of its first three quarters in each fiscal year, (b) its certified Financial Statement prepared by an independent certified public accountant within ninety (90) days after the close of its fiscal year which shall be prepared in accordance with generally accepted accounting principles and (c) all other financial information and reports that Lender may from time to time reasonably request, including income tax returns of Borrower and any guarantor of Borrower's obligations hereunder.

BORROWER'S ADDITIONAL COVENANTS. Borrower hereby agrees and covenants as follows: (i) except for the security interest granted hereby, Borrower shall keep the Equipment free and clear of any security interest, lien or encumbrance and shall not sell, lease, assign (by operation of law or otherwise), exchange or otherwise dispose of any of the Equipment, (ii) at the request of the Lender, Borrower shall execute Lender in execution of one or more Financing Statements and continuation statements pursuant to the Uniform Commercial code to establish and maintain its security interest in the Collateral, in form satisfactory to Lender, and will pay any filing fees and/or costs with respect thereto and for lien searches; (iii) Borrower authorizes Lender to file one or more Financing Statements covering the Collateral without Borrower's signature thereto; (iv) Borrower will immediately notify Lender in writing of any change in its place(s) of business or the adoption or change of any trade name or fictitious business names and will execute any additional Financing Statements as Lender may request to perfect and maintain its security interest, but such notice shall not be deemed an authorization to move the Collateral without the prior written consent of Lender; (vi) Borrower will allow Lender and its representatives free access to the Collateral at all times during normal business hours, for purposes of inspection and repair and, following an Event of Default, lender shall have the right to demonstrate and show the Collateral to others and (vii) Borrower will furnish to Lender (and will cause any guarantor of Borrower's obligations hereunder to furnish to Lender) (a) its unaudited quarterly Financial Statements within thirty (30) days after the end of its first three quarters in each fiscal year, (b) its certified Financial Statement prepared by an independent certified public accountant within ninety (90) days after the close of its fiscal year which shall be prepared in accordance with generally accepted accounting principles and (c) all other financial information and reports that Lender may from time to time reasonably request, including income tax returns of Borrower and any guarantor of Borrower's obligations hereunder.

BORROWER'S ADDITIONAL COVENANTS. Borrower hereby agrees and covenants as follows: (i) except for the security interest granted herebyhereby and other Permitted Liens, Borrower shall keep the Equipment free and clear of any security interest, lien or encumbrance and shall not sell, lease, assign (by operation of law or otherwise), exchange or otherwise dispose of any of the Equipment, (ii) at the request of the Lender, Borrower shall execute one or more Financing Statements authorizes Lender to file a financing statement and continuation statements pursuant to the Uniform Commercial code to establish and maintain its security interest in amendments thereto describing the Collateral, in form satisfactory to Lenderwhich may be filed either before or after Borrower's execution of any related Schedule, and will Borrower agrees to pay any filing fees and/or costs with respect thereto and for lien searchessearches and articles of incorporation; (iii) Borrower authorizes Lender to file one or more Financing Statements covering if any part of the Collateral without Borroweris subject to certificate of title law then upon Lender's signature theretorequest, Borrower will cause Lender's security interest to be noted on such certificate of title and promptly deliver such certificate to Lender; (iv) Borrower agrees that it will immediately notify Lender in writing of any not change in the State where it was incorporated or otherwise, nor change its place(s) of business or the adoption or change of any trade name or fictitious business names and will execute any additional Financing Statements as address, without providing Lender may request to perfect and maintain its security interest, but such notice shall not be deemed an authorization to move the Collateral without the with thirty (30) days prior written consent of Lendernotice; (viv) Borrower will allow Lender and its representatives free access to the Collateral at all times (upon prior written notice) during normal business hours, for purposes of inspection and repair and, following an Event of Default, lender Lender shall have the right to demonstrate and show the Collateral to others and (viivi) Borrower will furnish or cause to be furnished to Lender (and will cause any guarantor of Borrower's obligations hereunder to furnish to Lender) (a) its unaudited quarterly Guarantor's consolidated interim Financial Statements to include both a balance sheet and income statement within thirty sixty (3060) days after the end of its first three quarters in each fiscal year, (b) its certified Guarantor's consolidated audited Financial Statement Statements prepared by an independent certified public accountant within ninety one hundred twenty (90120) days after the close of its fiscal year which shall be prepared in accordance with generally accepted accounting principles principles, (c) the financial statements or other financial information which any guarantor of Borrower's obligations hereunder ("Guarantor") is required to provide to Lender as set forth in the applicable guaranty, and (cd) all other financial information and reports that Lender may from time to time reasonably request, including income tax returns of Borrower and any guarantor Guarantor; (vii) Borrower and any Guarantor agrees that any financial statements or other nonpublic information which Borrower or any Guarantor provides to Lender may be disclosed by Lender for legitimate business purposes to Lender's affiliates, attorneys, advisors, recourse providers, prospective Equipment remarketers, assignees or participants, auditors or other parties pursuant to law, and (viii) Borrower will comply with all applicable federal, state and local laws, rules, ordinances, regulations and orders applicable to it and Borrower will execute and deliver to Lender such further documents and take such further action as Lender may reasonably require in order to more effectively carry out the intent and purpose of Borrower's obligations hereunderthis Agreement.

BORROWER'S ADDITIONAL COVENANTS. Borrower hereby agrees and covenants as follows: (i) except for the security interest granted hereby, Borrower shall keep the Equipment free and clear of any security interest, lien or encumbrance and shall not sell, lease, assign (by operation of law or otherwise), exchange or otherwise dispose of any of the Equipment, (ii) at the request of the Lender, Borrower shall execute one or more Financing Statements authorizes Lender to file a financing statement and continuation statements pursuant to the Uniform Commercial code to establish and maintain its security interest in amendments thereto describing the Collateral, in form satisfactory to Lenderwhich may be filed either before or after Borrower’s execution of any related Schedule, and will Borrower agrees to pay any filing fees and/or costs with respect thereto and for lien searchessearches and articles of incorporation; (iii) Borrower authorizes Lender to file one or more Financing Statements covering if any part of the Collateral without Borrower's signature theretois subject to certificate of title law, Borrower will cause Lender’s security interest to be noted on such certificate of title and promptly deliver such certificate to Lender; (iv) Borrower agrees that it will immediately notify Lender in writing of any not change in the State where it was incorporated or otherwise, nor change its place(s) of business or the adoption or change of any trade name or fictitious business names and will execute any additional Financing Statements as address, without providing Lender may request to perfect and maintain its security interest, but such notice shall not be deemed an authorization to move the Collateral without the with thirty (30) days prior written consent of Lendernotice; (viv) Borrower will allow Lender and its representatives free access to the Collateral at all times during normal business hours, for purposes of inspection and repair and, following an Event of Default, lender Lender shall have the right to demonstrate and show the Collateral to others and (viivi) Borrower will furnish or cause to be furnished to Lender (and will cause any guarantor of Borrower's obligations hereunder to furnish to Lender) (a) its unaudited quarterly interim Financial Statements to include both a balance sheet and income statement within thirty sixty (3060) days after the end of its first three quarters in each fiscal year, (b) its certified review quality Financial Statement Statements prepared by an independent certified public accountant within ninety one hundred twenty (90120) days after the close of its fiscal year which shall be prepared in accordance with generally accepted accounting principles principles, (c) the financial statements or other financial information which any guarantor of Borrower's obligations hereunder (“Guarantor”) is required to provide to Lender as set forth in the applicable guaranty, and (cd) all other financial information and reports that Lender may from time to time reasonably request, including income tax returns of Borrower and any guarantor Guarantor; (vii) Borrower and any Guarantor agrees that any financial statements or other nonpublic information which Borrower or any Guarantor provides to Lender may be disclosed by Lender for legitimate business purposes to Lender’s affiliates, attorneys, advisors, recourse providers, prospective assignees or participants, auditors or other parties pursuant to law, and (viii) Borrower will comply with all applicable federal, state and local laws, rules, ordinances, regulations and orders applicable to it and Borrower will execute and deliver to Lender such further documents and take such further action as Lender may require in order to more effectively carry out the intent and purpose of Borrower's obligations hereunderthis Agreement.