Certain Covenants of Seller. Seller hereby covenants and agrees as follows:
Certain Covenants of Seller. Seller hereby covenants that (unless Buyer otherwise gives its written approval in its sole discretion) Seller shall at its sole cost and expense take the actions set forth below:
Certain Covenants of Seller. Seller hereby agrees with Purchaser as follows:
Certain Covenants of Seller. Seller covenants with Purchaser that from and after the date hereof through the Closing Date:
Certain Covenants of Seller. Seller covenants and agrees that it will not, without prior, written notice to Purchaser
Certain Covenants of Seller. Seller covenants and agrees to (i) notify Factor in writing immediately upon any Dispute and upon imposition or assessment of any lien, levy, tax lien, assessment or similar action against Seller or any of Seller's assets; and (ii) furnish Factor, upon request, any and all papers, documents or records of whatever nature related directly or indirectly to any Receivables. Seller agrees that it will not, without prior, written notice to Factor, (a) sell or factor accounts other than to Factor for the period of this Agreement; (b) move either its chief executive office or the location where books and records pertaining to the Receivable are kept to a location outside of San Antonio, Texas; (c) change its legal name; (d) change its state of incorporation; (e) use any trade name not listed on the Perfection Certificate; (f) merge or consolidate with any other corporation or entity; (g) dissolve or cease its operations as they are now conducted; or (g) without Factor's written consent, take or omit taking any actions that would render any of Seller's representations and warranties materially incorrect or incomplete, or take any action that would cause or induce any Account Debtor on any Receivable to fail to pay the Receivable in a timely manner- other than to terminate service on an account seriously in arrears. Seller will notify Factor of any termination of service for any account seriously in arrears.
Certain Covenants of Seller. (i) Seller agrees that Seller will not permit any securities to be issued under the Indenture to any person or entity other than Seller and that Seller will not direct or permit the Issuer to issue any securities other than in conjunction with a Purchase Date or otherwise as required under the Indenture or other transaction documents. (ii) Seller agrees that Seller will not sell, transfer or otherwise dispose of any securities issued under the Indenture (or any interest therein) other than pursuant to the Transaction. (iii) Seller agrees that if CIC ceases to be a business development company (within the meaning of the U.S. Investment Company Act of 1940) and to file publicly-available financials as required of a public business development company, Seller will provide, or cause to be provided, to Buyer quarterly unaudited financial statements within 60 days of each quarter-end and annual audited financial statements within 120 days of the year-end, prepared in accordance with generally accepted accounting principles (as in effect in the relevant jurisdiction) (such covenant, the “CIC Financials Requirement”).
Certain Covenants of Seller. Except with regard to Stores that are the subject of Leases eliminated pursuant to Section 2.8, unless otherwise noted herein, Seller covenants with Purchaser that from and after the date hereof through the Closing Date or after the Closing Date, as noted herein:
Certain Covenants of Seller. From and after the Effective Date until the earlier to occur of the termination of this Agreement and the Closing:
Certain Covenants of Seller. In addition to the other covenants of Seller set forth elsewhere in this Contract, Seller covenants and agrees that during the term of this Contract Seller will not, without the prior written consent of Purchaser: (i) plat, restrict or encumber any portion of the Real Property (excluding rights obtained by condemnation); (ii) place or permit to be placed on, or remove or permit to be removed from, the Real Property any improvements of any material kind that are owned by Seller; (iii) assign, transfer, convey or knowingly relinquish any utility rights or capacities relating to the Real Property, if any; (iv) dissolve, or alter or amend its organizational documents in any manner that would interfere with Seller's ability to perform any of its obligations under this Contract; (v) restart operation of the Real Property as a dredge spoils disposal facility in any manner; (vi) amend, modify or amend the Industrial District Agreement or enter into any new agreement regarding the Property that will survive Closing; (vii) make any material alterations to the Property except with the prior written consent of Purchaser, which consent shall not unreasonably be withheld, conditioned or delayed; or (viii) take or consent to any action that would affect the zoning, access, utility availability or other condition of the Property or any portion thereof. Seller further covenants and agrees that during the term of this Contract Seller shall maintain in effect all of Seller’s fire and extended coverage, liability and hazard insurance with respect to the Property and Seller’s operations thereon currently in force as of the Effective Date and promptly notify Purchaser in the event Seller receives written notice from any governmental authority alleging any violation with regard to any applicable regulation, ordinance, requirement, covenant, condition or restriction relating to the present use or occupancy of the Property.
