Compliance, etc. The Borrowers shall be in compliance with all the terms and provisions set forth herein and in each other Loan Document on their part to be observed or performed, and, as applicable, at the time of and immediately after such Borrowing or at the time of and immediately after the issuance, amendment, renewal or extension of a Letter of Credit hereunder, no Event of Default or Default shall have occurred and be continuing. Each Borrowing and each issuance of a Letter of Credit hereunder (or an amendment, renewal or extension thereof) shall be deemed to constitute a representation and warranty by the Borrowers on the date of such Borrowing, issuance, amendment, renewal or extension, as the case may be, as to the matters specified in paragraphs (b) and (c) of this Section 4.01.
Compliance, etc. (a) Licensee and its Subsidiaries agree to comply with any reasonable trademark and trade name usage guidelines provided by Licensor to Licensee, as may be established from time to time by Licensor, with respect to the appearance and manner of use of the Licensed Trademark, the Stylized Mxxx and Licensed Trade Name. Each time Licensee or its Subsidiaries intend to use any form of the Licensed Trademark, the Stylized Mxxx or the Licensed Trade Name not permitted by such usage guidelines, Licensee or its Subsidiaries, as the case may be, shall submit such form to Licensor for its prior written approval, notwithstanding any previous use by Licensee or its Subsidiaries of such form of the Licensed Trademark, the Stylized Mxxx or Licensed Trade Name. Unless Licensor objects or denies approval for such use within thirty (30) Business Days of actual receipt of notice of such use by Licensee (which notice shall reference this section), such use shall be deemed approved by Licensor; provided that the Licensor can by written notice to Licensee (specifying reasonable grounds for such notice) later object to any subsequent use of the Licensed Trademark, the Stylized Mxxx or the Licensed Trade Name in such a manner and Licensee or its Subsidiaries, as the case may be, shall cease such use of the Licensed Trademark, the Stylized Mxxx or the Licensed Trade Name as soon as reasonably practicable following the receipt of such notice. Representative specimens showing the use of the Licensed Trademark, the Stylized Mxxx and/or the Licensed Trade Name by Licensee and its Subsidiaries shall be sent to Licensor from time to time upon its reasonable request.
(b) Licensee and its Subsidiaries acknowledge that the rights of Licensor in the Licensed Trademark, the Stylized Mxxx and the Licensed Trade Name are paramount to any right hereby granted to Licensee and its Subsidiaries, and Licensee and its Subsidiaries agree that they will comply in all material respects with all trademark laws and regulations of all countries where the Licensee Business Products are marketed or sold or the Licensed Trademark, the Stylized Mxxx or the Licensed Trade Name is used by Licensee and its Subsidiaries. Should Licensee’s and its Subsidiaries’ compliance with the laws or regulations of any country result in the potential dilution or loss of trade name or trademark rights of Licensor in the Licensed Trademark, the Stylized Mxxx or the Licensed Trade Name, Licensee and its Subsidiaries shall take s...
Compliance, etc. The Borrower electing such Term Loan Conversion shall be in compliance with all the terms and provisions set forth herein and in each other Loan Document on its part to be observed or performed, and at the time of and immediately after the Term Loan Conversion, no Event of Default or Default shall have occurred and be continuing.
Compliance, etc. Notwithstanding any provision of any other Finance Document to the contrary, no Administrative Party is obliged to do or omit to do anything if it would or might, in its opinion, constitute a breach of any law or regulation or a breach of a fiduciary duty or duty of confidentiality or be otherwise actionable at the suit of any person, and may do anything which, in its opinion, is necessary or desirable to comply with any law or regulation. Notwithstanding any provision of any Finance Document to the contrary, an Agent is not obliged to expend or risk its own funds or otherwise incur any financial liability in the performance of its duties, obligations or responsibilities or the exercise of any right, power, authority or discretion if it has grounds for believing the repayment of such funds or adequate indemnity against, or security for, such risk or liability is not reasonably assured to it. Notwithstanding anything in any Finance Document to the contrary, an Agent shall not do, or be authorized or required to do, anything which might constitute a regulated activity for the purpose of Part 1 of Schedule 5 of the Securities and Futures Ordinance (Cap. 571 of the laws of Hong Kong) (the “SFO”), unless it is authorized under the SFO to do so. The Security Trustee shall have the discretion at any time:
(i) to delegate any of the functions which fall to be performed by an authorised person under the SFO to any other Agent or person which also has the necessary authorisations and licences; and
(ii) to apply for authorisation under the SFO and perform any or all such functions itself if, in its absolute discretion, it considers it necessary, desirable or appropriate to do so.
Compliance, etc. At the time of and immediately after such Borrowing, no Event of Default or Default shall have occurred and be continuing.
Compliance, etc. At the time of and immediately after such Borrowing, no Event of Default or Default shall have occurred and be continuing. The Borrowing on the Funding Date shall be deemed to constitute a representation and warranty by the Borrower on the Funding Date as to the matters specified in paragraphs (b) and (d) of this Section 4.02.
Compliance, etc. (i) The Borrower and each of its ERISA Affiliates are in compliance with ERISA and the Code in all material respects and no Reportable Event has occurred and is continuing with respect to any Plan; (ii) to the knowledge of the Borrower or any ERISA Affiliate, no notice of intent to terminate a Plan has been filed nor has any Plan been terminated, the termination of which would result in liability to the Borrower or any ERISA Affiliate that would have a Materially Adverse Effect; (iii) no circumstance exists which constitutes grounds under Act Section 4042 of ERISA entitling the PBGC to institute proceedings to terminate, or appoint a trustee to administer a Plan, nor has the PBGC instituted any such proceedings; (iv) neither the Borrower nor any ERISA Affiliate has completely or partially withdrawn under Act Sections 4201 or 4204 of ERISA from a Multiemployer Plan which withdrawal would result in material liability to Borrower or any ERISA Affiliate; (v) the Borrower and each ERISA Affiliate has met its minimum funding requirements under ERISA with respect to all of its Plans and there are no unfunded vested liabilities except as set forth on Schedule 6.11; and (vi) neither the Borrower nor any ERISA Affiliate has incurred any liability to the PBGC under ERISA which liability has not been satisfied.
Compliance, etc. WITH CERTIFICATE OF INCORPORATION AND BY-LAWS OF THE COMPANY. The execution and delivery of the Underwriting Agreement, [the Delayed Delivery Contracts], [the Indenture,] [the Deposit Agreement,] [, the Warrant Agreement] and the Purchased Securities and the performance by the Company of their terms and the issuance of the Purchased Securities do not conflict with or result in a violation of the Certificate of Incorporation or By-Laws of the Company or of any agreement, instrument, order, writ, judgment or decree known to me to which the Company is a party or is subject. 6.
Compliance, etc. WITH CERTIFICATE OF INCORPORATION AND BY-LAWS OF TEXACO. The execution and delivery of the Underwriting Agreement, [the Delayed Delivery Contracts], [the Indenture,] [the Deposit Agreement,] [the Warrant Agreement] and the Guaranties and the performance by Texaco of their terms and the issuance of the Guaranties do not conflict with or result in a violation of the Certificate of Incorporation or By-Laws of Texaco or of any agreement, instrument, order, writ, judgment or decree known to me to which Texaco is a party or is subject. 6.
Compliance, etc. The Issuer has complied with all provisions of the Constitution and laws of the State of Mississippi, including but not limited to the Act, and has full power and authority to consummate all transactions contemplated on the part of the Issuer by this Agreement, the Replacement Bonds, the Second Amended and Restated Loan Agreement, the Second Amended and Restated Assignment Agreement and any and all other agreements relating thereto.
