COMPANY'S AFFIRMATIVE COVENANTS. Company covenants and agrees that, so long as any of the Commitments hereunder shall remain in effect and until payment in full of all of the Loans and other Obligations and the cancellation or expiration of all Letters of Credit, unless Requisite Lenders shall otherwise give prior written consent, Company shall perform, and shall cause each of its Subsidiaries to perform, all covenants in this Section 6.
COMPANY'S AFFIRMATIVE COVENANTS. 97 6.1. Financial Statements and Other Reports........................................................ 98 6.2. Existence, Etc................................................................................ 103
COMPANY'S AFFIRMATIVE COVENANTS. 62 5.1 Financial Statements and Other Reports...............................................63 5.2 Corporate Existence..................................................................67 5.3 Payment of Taxes and Claims; Tax Consolidation.......................................67 5.4 Maintenance of Properties; Insurance.................................................68 5.5 Inspection; Lender Meeting...........................................................68 5.6 Compliance with Laws, etc............................................................68 5.7 Environmental Indemnity..............................................................69 5.8 Company's Remedial Action Regarding Hazardous Materials..............................69 5.9 Further Assurances; New Subsidiaries; Holding Company................................69 5.10 Appraisals...........................................................................70
COMPANY'S AFFIRMATIVE COVENANTS. Company covenants and agrees that, so long as any of the Commitments hereunder shall remain in effect and until payment in full of all of the Loans and other Obligations (other than (x) Unasserted Obligations and (y) obligations and liabilities under Secured Cash Management Agreements and Secured Hedge Agreements) and the cancellation or expiration of all Letters of Credit (other than Letters of Credit as to which other arrangements with respect thereto satisfactory to Administrative Agent and Issuing Bank shall have been made), unless Requisite Lenders shall otherwise give prior written consent, Company shall perform, and shall cause each of its Subsidiaries to perform, all covenants in this Section 6.
COMPANY'S AFFIRMATIVE COVENANTS. Company, each Domestic Borrower and each Offshore Borrower covenants and agrees that, so long as any of the Commitments hereunder shall be in effect and until payment in full of all of the Loans, the Offshore Overdraft Amounts and the Domestic Overdraft Amount, the cancellation or expiration of all Letters of Credit and the reimbursement of all amounts drawn thereunder, unless Requisite Lenders shall otherwise give prior written consent, Company, each Domestic Borrower and each Offshore Borrower shall perform, and shall cause each of their respective Subsidiaries to perform, all covenants in this Section 5.
COMPANY'S AFFIRMATIVE COVENANTS. Prior to the Closing, except as otherwise expressly provided herein or approved in writing by Parent, Company shall:
(a) Conduct its business only in the Ordinary Course of Company’s Business;
(b) use commercially reasonable efforts to keep in full force and effect its corporate existence and all material rights, Company Permits, Company Intellectual Property rights and goodwill relating or pertaining to its businesses;
(c) endeavor to retain its employees and preserve its present relationships with customers, suppliers, contractors, distributors and employees, and continue to compensate its employees consistent with past practices;
(d) use commercially reasonable efforts to maintain the Company Intellectual Property rights so as not to affect adversely the validity or enforcement thereof; maintain its other assets in customary repair, order and condition and maintain insurance reasonably comparable to that in effect on the date of this Agreement;
(e) maintain its books, accounts and records in substantial accordance with GAAP;
(f) use commercially reasonable efforts to obtain all authorizations, consents, waivers, approvals or other actions and to make all filings and applications necessary or desirable to consummate the transactions contemplated hereby, and to cause the other conditions to Parent’s obligation to close to be satisfied; and
(g) promptly notify Parent in writing if, prior to the consummation of the Closing, to its Knowledge, of any of the following:
(i) that (A) any of the Fundamental Representations ceases to be accurate and complete, or (B) the other representations and warranties of the Company contained in Article IV ceases to be accurate and complete in all material respects;
(ii) Company fails to comply with or satisfy any material covenant, condition or agreement to be complied with or satisfied by it hereunder;
(iii) any written notice or other written communication from any Person alleging that the consent of such Person is or may be required in connection with the transactions contemplated by this Agreement;
(iv) any written notice or written other communication from any Governmental Authority in connection with the transactions contemplated by this Agreement; or
(v) any Material Adverse Effect or any other fact, circumstance, event or action the existence, occurrence or taking of which (A) has had, or could reasonably be expected to have or result in, individually or in the aggregate, a material adverse effect on the Company or i...
COMPANY'S AFFIRMATIVE COVENANTS. Subsection 6.16 of the Credit Agreement is hereby amended to read in its entirety as follows:
COMPANY'S AFFIRMATIVE COVENANTS. The Company will comply with the following requirements unless holders of more than 50% of the outstanding Restricted Securities agree otherwise in writing. These requirements will terminate upon the earlier of (1) the closing date of an underwritten public offering of the Company's common stock pursuant to an effective registration statement under the Securities Act or (2) the date when less than 25% of the Restricted Securities are held by the original holders of the Debentures or their permitted transferees. These requirements may be amended by a written agreement between the Company and holders of more than 50% of the outstanding Restricted Securities. The financial covenants below are substantially the same as the covenants established in the revolving credit facility entered into between the Company and Norwest Business Credit, Inc. ("NBCI") as of May 1994; you agree that, upon any revision or refinancing of the Company's principal credit facility it is your intention to consent to the amendment of the financial covenants in this Agreement so that they are consistent with the terms of the new or revised credit facility.
COMPANY'S AFFIRMATIVE COVENANTS. 95 6.1 Financial Statements and Other Reports........................................................................ 95 6.2 Corporate Existence, etc...................................................................................... 101 6.3 Payment of Taxes and Claims; Tax Consolidation................................................................ 101 6.4 Maintenance of Properties; Insurance; Application of Net Asset Sale Proceeds.................................. 102 6.5 Inspection Rights; Lender Meeting............................................................................. 105 6.6 Compliance with Laws, etc..................................................................................... 105 6.7 Environmental Review and Investigation, Disclosure, Etc.; Company's Actions Regarding Hazardous Materials Activities, Environmental Claims and Violations of Environmental Laws......................................... 105 6.8 Execution of Subsidiary Guaranty and Personal Property Collateral Documents by Certain Subsidiaries and Future Subsidiaries.................................................................................................. 108 6.9 Matters Relating to Additional Real Property Collateral....................................................... 109
COMPANY'S AFFIRMATIVE COVENANTS. 6.1 Financial Statements and Other Reports
6.2 Existence, etc.
