Common use of Certain Covenants of Borrower Clause in Contracts

Certain Covenants of Borrower. Holdings shall not, directly or indirectly, without Lender’s prior written approval (a) enter into any agreement (including any agreement for incurrence or assumption of indebtedness, any purchase, sale, lease or exchange of any property or the rendering of any service), between itself and any other Person who is not a Borrower, other than in accordance with this Agreement and the Related Documents to which it is a party, (b) hold any assets, other than all of the issued and outstanding Equity Interests of Borrower, assets in connection with the capital accounts of members or assets needed to maintain the organization and goods standing of Holdings, (c) engage in any business or conduct any activity or operations (including the making of any investment or payment) or transfer any of its assets, other than (i) the making of investments in Borrower, and (ii) the performance of its obligations under this Agreement and the Related Documents to which it is a party in accordance with the terms thereof, or (d) consolidate or merge with or into any other Person. Holdings shall preserve, renew and keep in full force and effect its existence. Holdings shall cause each other Borrower to comply with each of its covenants and agreements contained herein.

Certain Covenants of Borrower. Holdings shall not, directly or indirectly, without LenderXxxxxx’s prior written approval (a) enter into any agreement (including any agreement for incurrence or assumption of indebtedness, any purchase, sale, lease or exchange of any property or the rendering of any service), between itself and any other Person who is not a Borrower, other than in accordance with this Agreement and the Related Documents to which it is a party, (b) hold any assets, other than all of the issued and outstanding Equity Interests of Borrower, assets in connection with the capital accounts of members or assets needed to maintain the organization and goods standing of Holdings, (c) engage in any business or conduct any activity or operations (including the making of any investment or payment) or transfer any of its assets, other than (i) the making of investments in Borrower, and (ii) the performance of its obligations under this Agreement and the Related Documents to which it is a party in accordance with the terms thereof, or (d) consolidate or merge with or into any other Person. Holdings shall preserve, renew and keep in full force and effect its existence. Holdings shall cause each other Borrower to comply with each of its covenants and agreements contained herein.