CERTAIN COVENANTS OF THE BORROWER. The Borrower covenants and agrees that so long as any Advance shall remain unpaid:
CERTAIN COVENANTS OF THE BORROWER. The Borrower covenants and agrees that so long as the Loan shall remain unpaid or the Commitment has not been terminated:
CERTAIN COVENANTS OF THE BORROWER. SECTION 5.01.
CERTAIN COVENANTS OF THE BORROWER. (a) The Borrower hereby agrees that, simultaneously with the delivery of any report to or by the Borrower's special committee of the board of directors, or to shareholders, holders of the Borrower's senior debt securities issued pursuant to the Indenture dated as of July 15, 1997, as amended or supplemented to date, with First Union National Bank, as Trustee, or to the Securities and Exchange Commission, regarding the Undisclosed Transactions, the Undisclosed Transaction Matters or any related matter, or with the issue of any press release pertaining to any of the foregoing, the Borrower shall furnish to the Agent and the Banks a copy thereof; provided, however, -------- ------- as to any such reports to or by the Borrower's special committee of the board of directors, if the Borrower reasonably believes, based on advice of counsel, that the delivery of such report in unredacted form would constitute a waiver of any attorney-client or other privilege which otherwise would be available to it, it may instead furnish a redacted report, or a summary of such report, which is limited to the relevant facts.
(b) Each of the Obligors hereby agrees that from and after the Effective Date, it shall not, and shall not permit any Subsidiary to, enter into or become a party to any contractual restriction on the ability of either of the Obligors or any such Subsidiary to xxxxx x Xxxx to secure the Obligations on any asset now owned or hereafter acquired by it (any such restriction being a "Negative Pledge Clause"); provided, however, that if either -------- ------- of the Obligors or any Subsidiary obtains any purchase money financing for the acquisition and/or construction of a project (without creating a New Event of Default under the Credit Agreement), nothing in the foregoing shall restrict its right to include, as part of such purchase money financing, a Negative Pledge Clause as to the project being financed (but not as to any other assets).
(c) Each of the Obligors hereby agrees that from and after the Effective Date, it shall not, and shall not permit any Subsidiary to, remove from the Borrowing Base any Eligible Property which is in the Borrowing Base on the Effective Date (collectively, the "Existing Borrowing Base Properties") or convey, assign or otherwise transfer, or create, assume or (except for any servitude or easement which is not a Mortgage and which was in existence on the Effective Date) suffer to exist any Lien on, any of the Existing Borrowing Base ...
CERTAIN COVENANTS OF THE BORROWER. The Borrower covenants and agrees with each party hereto as follows:
(a) The Borrower will, at its cost and expense, cause to be done, executed, acknowledged and delivered all and every such further acts, conveyances and assurances as any Certificate Holder shall reasonably require for accomplishing the purposes of this Agreement and the other Operative Documents; provided that any instrument or other document so executed by the Borrower will not expand any obligations or limit any rights of the Borrower in respect of the transactions contemplated by any Operative Documents.
(b) The Borrower, at its expense, will cause the Trust Indenture, all Trust Indenture Supplements and all amendments to the Trust Indenture to be promptly filed and recorded, or filed for recording, to the extent permitted under the Federal Aviation Act, or required under any other applicable law of the jurisdiction where the Aircraft is registered. The Borrower agrees to furnish the Indenture Trustee and the Certificate Holders with copies of the foregoing documents with recording data as promptly as practicable following the issuance of same by the FAA. Further, Borrower will cause, subject to receipt of any necessary consent, the registration with the International Registry of the applicable international interests in the Airframe or and each Engine attributable to the Trust Indenture and, if required by the Operative Documents, any Lease. Borrower shall pay all reasonable costs and expenses associated with the foregoing.
(c) Borrower will take or cause to be taken such action with respect to the recording, filing, re-recording and re-filing of the FAA Xxxx of Sale, the Trust Indenture, the Trust Supplement, and any financing statements or other instruments or, if required by the terms of the Operative Documents, registrations with the International Registry, as are necessary to maintain, so long as the Trust Indenture is in effect, the perfection of any security interest that may be claimed to have been created by the Trust Indenture or will furnish to Indenture Trustee timely notice of the necessity of such action, together with such instruments, in execution form, and such other information as may be required to enable it to take such action. Except as otherwise provided in the Operative Documents, Borrower shall pay all reasonable costs and expenses associated with the foregoing.
(d) The Borrower shall pay all reasonable fees and expenses incurred by the Indenture Trustee and th...
CERTAIN COVENANTS OF THE BORROWER. (a) The Borrower hereby agrees that, simultaneously with the delivery of any report to or by the Borrower's special committee of the board of directors, or to shareholders, holders of the Borrower's senior debt securities issued pursuant to the Indenture dated as of July 15, 1997, as amended or supplemented to date, with First Union National Bank, as Trustee, or to the Securities and Exchange Commission, regarding the Undisclosed Transactions, the Undisclosed Transaction Matters or any related matter, or with the issue of any press release pertaining to any of the foregoing, the Borrower shall
CERTAIN COVENANTS OF THE BORROWER. 26 SECTION 8.1 Maintenance of Office ............................... 26 SECTION 8.2 Existence ........................................... 26 SECTION 8.3 General Maintenance of Business, Etc. ............... 26 SECTION 8.4 Financial Statements and Reports .................... 27 SECTION 8.5 Inspection .......................................... 27 SECTION 8.6
CERTAIN COVENANTS OF THE BORROWER. The Borrower covenants and agrees that, from the date hereof and until the Obligations have been fully paid and satisfied, unless the Bank (in its sole discretion) shall consent otherwise in writing:
(a) The Borrower shall give, or cause to be given, immediate written notice to the Bank of: (i) any change in the name, domicile, primary residence, employer or chief executive office of the Borrower, as applicable, or, to the best knowledge of the Borrower, the name or chief executive office of any issuer or holder of any Collateral; (ii) the institution or threat of, or any adverse determination or change in, any action, suit, investigation or proceeding (whether or not purportedly on behalf of the Borrower or any issuer or holder of any Collateral) at law, in equity, in arbitration or by or before any other authority involving or affecting (A) the Borrower or, to the best knowledge of the Borrower, any issuer or holder of any Collateral that, if adversely determined, would be reasonably likely to have a Material Adverse Effect (individually or in the aggregate with other events), (B) any alleged criminal act or activity (other than a traffic misdemeanor or lesser traffic violation) on the part of the Borrower, (c) any part of the Collateral or Obligations, or (D) any of the transactions contemplated in this Agreement and the other Loan Documents; (iii) any change in location or any loss of or other material and adverse change in the Collateral; (iv) any act or event known to the Borrower that in any material respect violates, is in conflict with, results in a breach of or constitutes a default (with or without the giving of notice or the passage of time or both) under any term or provision of any of the Organizational Documents, Custody Documents or Collateral Acknowledgments; (v) any material change known to the Borrower in the trading policies, trading strategies, business, management or control of any investment company, fund or adviser respecting any of the Collateral; (vi) any attachment, confiscation, detention, levy, requisition, seizure or other taking of any part of the Collateral, whether through process of law or otherwise, or any filing or other imposition of any financing statement or other lien or encumbrance against any part of the Collateral; (vii) any Event of Default ; or (viii) any other event if such event would be reasonably likely to have or has had any material and adverse effect, individually or in the aggregate, upon
(1) the assets,...
CERTAIN COVENANTS OF THE BORROWER. PLEDGE OF REVENUES; PAYMENTS TO BE MADE BY THE BORROWER TO THE AUTHORITY
CERTAIN COVENANTS OF THE BORROWER
