Compliance with Documents. The Borrower agrees that it will perform and comply with each and every covenant and agreement required to be performed or observed by it in the Related Documents to which it is a party, which provisions, as well as related defined terms contained therein, are hereby incorporated by reference herein with the same effect as if each and every such provision were set forth herein in its entirety all of which shall be deemed to be made for the benefit of the Lender and shall be enforceable against the Borrower. To the extent that any such incorporated provision permits the Borrower or any other party to waive compliance with such provision or requires that a document, opinion or other instrument or any event or condition be acceptable or satisfactory to the Borrower or any other party, for purposes of this Agreement, such provision shall be complied with unless it is specifically waived by the Lender in writing and such document, opinion or other instrument and such event or condition shall be acceptable or satisfactory only if it is acceptable or satisfactory to the Lender which shall only be evidenced by the written approval by the Lender of the same. Except as permitted by Section 6.13 hereof, no termination or amendment to such covenants and agreements or defined terms or release of the Borrower with respect thereto made pursuant to any of the Related Documents to which the Borrower is a party, shall be effective to terminate or amend such covenants and agreements and defined terms or release the Borrower with respect thereto in each case as incorporated by
Appears in 2 contracts
Samples: Intra Agency Agreement, Loan Agreement
Compliance with Documents. The Borrower Except as provided for in Section 8.1 hereof, the City agrees that it will perform and comply with each and every covenant and agreement required to be performed or observed by it in each of the Related Documents to which it is a partyProgram Documents, which provisions, as well as related defined terms contained therein, are hereby incorporated by reference herein with the same effect as if each and every such provision were set forth herein in its entirety all of which shall be deemed to be made for the benefit of the Lender Bank and shall be enforceable against the BorrowerCity. To the extent that any such incorporated provision permits the Borrower City, the holders of one or more Covered Notes or any other party to waive compliance with such provision or requires that a document, opinion or other instrument or any event or condition be acceptable or satisfactory to the Borrower City, the holders of one or more Covered Notes or any other party, for purposes of this Agreement, such provision shall be complied with unless only if it is specifically waived by the Lender Bank in writing and such document, opinion or other instrument and such event or condition shall be acceptable or satisfactory only if it is acceptable or satisfactory to the Lender Bank which shall only be evidenced by the written approval by the Lender Bank of the same. Except as permitted by provided for in Section 6.13 8.1 hereof, no termination or amendment to such covenants and agreements or defined terms or release of the Borrower City with respect thereto made pursuant to any of the Related Documents to which the Borrower is a partyProgram Documents, shall be effective to terminate or amend such covenants and agreements and defined terms or release of the Borrower City with respect thereto in each case as incorporated byby reference herein without the prior written consent of the Bank. Notwithstanding any termination or expiration of any such Program Document, the City shall, unless such Program Document has terminated in accordance with its terms and has been replaced by a new Program Document, continue to observe the covenants therein contained for the benefit of the Bank until the termination of this Agreement. All such incorporated covenants shall be in addition to the express covenants contained herein and shall not be limited by the express covenants contained herein nor shall such incorporated covenants be a limitation on the express covenants contained herein.
Appears in 2 contracts
Samples: Letter of Credit and Reimbursement Agreement, Letter of Credit and Reimbursement Agreement
Compliance with Documents. The Borrower agrees that it will perform and comply with each and every covenant and agreement required to be performed or observed by it in the Related Documents to which it is a party, which provisions, as well as related defined terms contained therein, are hereby incorporated by reference herein with the same effect as if each and every such provision were set forth herein in its entirety all of which shall be deemed to be made for the benefit of the Lender and shall be enforceable against the Borrower. To the extent that any such incorporated provision permits the Borrower or any other party to waive compliance with such provision or requires that a document, opinion or other instrument or any event or condition be acceptable or satisfactory to the Borrower or any other party, for purposes of this Agreement, such provision shall be complied with unless it is specifically waived by the Lender in writing and such document, opinion or other instrument and such event or condition shall be acceptable or satisfactory only if it is acceptable or satisfactory to the Lender which shall only be evidenced by the written approval by the Lender of the same. Except as permitted by Section 6.13 hereof, no termination or amendment to such covenants and agreements or defined terms or release of the Borrower with respect thereto made pursuant to any of the Related Documents to which the Borrower is a party, shall be effective to terminate or amend such covenants and agreements and defined terms or release the Borrower with respect thereto in each case as incorporated byby reference herein without the prior written consent of the Lender. Notwithstanding any termination or expiration of any such Related Document to which the Borrower is a party, the Borrower shall continue to observe the covenants therein contained for the benefit of the Lender until the termination of this Agreement and the payment in full of the Loan and all other Loan Obligations. All such incorporated covenants shall be in addition to the express covenants contained herein and shall not be limited by the express covenants contained herein nor shall such incorporated covenants be a limitation on the express covenants contained herein.
Appears in 2 contracts
Samples: Intra Agency Agreement, Loan Agreement
Compliance with Documents. The Borrower Authority agrees that it will perform and comply with each and every covenant and agreement required to be performed or observed by it in the Related Indenture and each of the other Program Documents to which it is a party, which provisions, as well as related defined terms contained therein, are hereby incorporated by reference herein with the same effect as if each and every such provision were set forth herein in its entirety all of which shall be deemed to be made for the benefit of the Lender and shall be enforceable against the BorrowerAuthority. To the extent that any such incorporated provision permits the Borrower Authority or any other party to waive compliance with such provision or requires that a document, opinion or other instrument or any event or condition be acceptable or satisfactory to the Borrower Authority or any other party, for purposes of this Agreement, such provision shall be complied with unless it is specifically waived by the Lender in writing and such document, opinion or other instrument and such event or condition shall be acceptable or satisfactory only if it is acceptable or satisfactory to the Lender which shall only be evidenced by the written approval by the Lender of the same. Except as permitted by Section 6.13 8.15 hereof, no termination or amendment to such covenants and agreements or defined terms or release of the Borrower Authority with respect thereto made pursuant to the Indenture or any of the Related other Program Documents to which the Borrower Authority is a party, shall be effective to terminate or amend such covenants and agreements and defined terms or release the Borrower Authority with respect thereto in each case as incorporated byby reference herein without the prior written consent of the Lender. Notwithstanding any termination or expiration of the Indenture or any such other Program Document to which the Authority is a party, the Authority shall, unless the Indenture or such other Program Document, as applicable, has terminated in accordance with its terms and has been replaced by a new Indenture or Program Document, as applicable, continue to observe the covenants therein contained for the benefit of the Lender until the termination of this Agreement. All such incorporated covenants shall be in addition to the express covenants contained herein and shall not be limited by the express covenants contained herein nor shall such incorporated covenants be a limitation on the express covenants contained herein.
Appears in 2 contracts
Samples: Revolving Credit Agreement, Revolving Credit Agreement
Compliance with Documents. The Borrower agrees that it will perform and comply with each and every covenant and agreement required to be performed or observed by it in each of the Related Loan Documents to which it is a party, which provisions, as well as related defined terms contained therein, are hereby incorporated by reference herein with the same effect as if each and every such provision were set forth herein in its entirety all of which shall be deemed to be made for the benefit of the Lender and shall be enforceable against the Borrower. To the extent that any such incorporated provision permits the Borrower or any other party to waive compliance with such provision or requires that a document, opinion or other instrument or any event or condition be acceptable or satisfactory to the Borrower or any other party, for purposes of this Loan Agreement, such provision shall be complied with unless it is specifically waived by the Lender in writing and such document, opinion or other instrument and such event or condition shall be acceptable or satisfactory only if it is acceptable or satisfactory to the Lender which shall only be evidenced by the written approval by the Lender of the same. Except as permitted by Section 6.13 hereof, no No termination or amendment to such covenants and agreements or defined terms or release of the Borrower with respect thereto made pursuant to any of the Related Loan Documents to which the Borrower is a party, shall be effective to terminate or amend such covenants and agreements and defined terms or release the Borrower with respect thereto in each case as incorporated byby reference herein without the prior written consent of the Lender. Notwithstanding any termination or expiration of such other Loan Document to which the Lender is a party, the Borrower shall continue to observe the covenants therein contained for the benefit of the Lender until the termination of this Loan Agreement and the payment in full of the Issuer Loan Obligations and all other Obligations. All such incorporated covenants shall be in addition to the express covenants contained herein and shall not be limited by the express covenants contained herein nor shall such incorporated covenants be a limitation on the express covenants contained herein.
Appears in 1 contract
Samples: Loan Agreement
Compliance with Documents. The Borrower District agrees that it will perform and comply with each and every covenant and agreement required to be performed or observed by it in the Related Documents to which it is a partyIndenture, which provisions, as well as related defined terms contained therein, are hereby incorporated by reference herein with the same effect as if each and every such provision were set forth herein in its entirety all of which shall be deemed to be made for the benefit of the Lender Purchaser and shall be enforceable against the BorrowerDistrict. To the extent that any such incorporated provision permits the Borrower District or any other party to waive compliance with such provision or requires that a document, opinion or other instrument or any event or condition be acceptable or satisfactory to the Borrower District or any other party, for purposes of this Agreement, such provision shall be complied with unless it is specifically waived by the Lender Purchaser in writing and such document, opinion or other instrument and such event or condition shall be acceptable or satisfactory only if it is acceptable or satisfactory to the Lender Purchaser which shall only be evidenced by the written approval by the Lender Purchaser of the same. Except as permitted by Section 6.13 6.15 hereof, no termination or amendment to such covenants and agreements or defined terms or release of the Borrower District with respect thereto made pursuant to the Indenture or any of the other Related Documents to which the Borrower District is a party, shall be effective to terminate or amend such covenants and agreements and defined terms or release the Borrower District with respect thereto in each case as incorporated byby reference herein without the prior written consent of the Purchaser. Notwithstanding any termination or expiration of the Indenture or any such other Related Document to which the District is a party, the District shall continue to observe the covenants therein contained for the benefit of the Purchaser until the termination of this Agreement and the payment in full of the Bonds and all other Obligations. All such incorporated covenants shall be in addition to the express covenants contained herein and shall not be limited by the express covenants contained herein nor shall such incorporated covenants be a limitation on the express covenants contained herein.
Appears in 1 contract
Samples: Continuing Covenant Agreement
Compliance with Documents. The Borrower Authority agrees that it will perform and performand comply with each and every covenant and agreement required requi red to be performed or observed by it in the Related Indenture and each of the other Program Documents to which it is a party, which provisions, as well as related defined terms contained therein, are hereby incorporated by reference herein with the same effect as if each and every such provision prevision were set forth herein in its entirety all of which shall be deemed to be made for the benefit of the Administrative Agent and each Lender and shall be enforceable against the BorrowerAuthority. To the extent that any such incorporated provision permits the Borrower Authority or any other party to waive compliance with such provision or requires that a document, opinion or other instrument or any event or condition be acceptable or satisfactory to the Borrower Authority or any other party, for purposes of this Agreement, such provision shall be complied with unless it is specifically waived by the Lender Administrative Agent, on behalf of the Lenders, in writing and such document, opinion or other instrument and such event or condition shall be acceptable or satisfactory only if it is acceptable or satisfactory to the Lender Administrative Agent, on behalf of the Lenders, which shall only be evidenced by the written approval appreval by the Lender Administrative Agent, on behalf of the Lenders, of the same. Except as permitted by Section 6.13 8.15 hereof, no termination or amendment to such covenants ccvenants and agreements or defined def i xxx terms or release rel ease of the Borrower with A uthori ty wi th respect thereto made pursuant to the Indenture or any of the Related other Program Documents to which the Borrower Authority is a party, shall be effective to terminate or amend such covenants and agreements and defined terms or release the Borrower Authority with respect thereto in each case as incorporated byby reference herein without the prior written consent of the Administrative Agent, on behalf of the Lenders. Notwithstanding any termination or expiration of the Indenture or any such other Program Document to which the Authority is a party, the Authority shall, unless the Indenture or such other Program Document, as applicable, has terminated in accordance with its terms and has been replaced by a new Indenture or Program Document, as applicable, continue to observe the covenants therein contained for the benefit of the Administrative Agent and each Lender until the termination of this Agreement. All such incorporated ccvenants shall be in addition to the express ccvenants contained herein and shall not be limited by the express covenants contained herein nor shall such i ncorporated covenants be a I i mitati on on the express covenants contai xxx herei n.
Appears in 1 contract
Samples: Revolving Credit Agreement
Compliance with Documents. The Borrower Issuer agrees that it will perform and comply with each and every covenant and agreement required to be performed or observed by it in the Related Documents to which it is a partyFinancing Documents, which provisions, as well as related defined terms contained therein, are hereby incorporated by reference herein with the same effect as if each and every such provision were set forth herein in its entirety all of which shall be deemed to be made for the benefit of the Lender Bank and shall be enforceable against the BorrowerIssuer. To the extent that any such incorporated provision permits the Borrower Issuer, the Fiscal Agent or any other party the holders of one or more Notes to waive compliance with such provision or requires that a document, opinion or other instrument or any event or condition be acceptable or satisfactory to the Borrower Issuer, the Fiscal Agent or any other partythe holders of one or more Notes, for purposes of this Agreement, then such provision shall not be complied with unless only if it is specifically waived by the Lender Bank in writing and such document, opinion or other instrument and such event or condition shall be acceptable or satisfactory only if it is acceptable or satisfactory to the Lender Bank which shall only be evidenced by the Bank’s written approval by the Lender of the same. Except as permitted by Section 6.13 hereof, no No termination or amendment to such covenants and agreements or defined terms or release of the Borrower Issuer with respect thereto made pursuant to any of the Related Financing Documents to which the Borrower is a party, shall be effective to terminate or amend such covenants and agreements and defined terms or release of the Borrower Issuer with respect thereto in each case as incorporated byby reference herein without the prior written consent of the Bank. Notwithstanding any termination or expiration of any such Financing Document, the Issuer shall continue to observe the covenants therein contained for the benefit of the Bank until the termination of this Agreement. All such incorporated covenants shall be in addition to the express covenants contained herein and shall not be limited by the express covenants contained herein nor shall such incorporated covenants be a limitation on the express covenants contained herein.
Appears in 1 contract
Compliance with Documents. The Borrower Authority agrees that it will perform and comply with each and every covenant and agreement required to be performed or observed by it in the Related Indenture and each of the other Program Documents to which it is a party, which provisions, as well as related defined terms contained therein, are hereby incorporated by reference herein with the same effect as if each and every such provision were set forth herein in its entirety all of which shall be deemed to be made for the benefit of the Lender and shall be enforceable against the BorrowerAuthority. To the extent that any such incorporated provision permits the Borrower Authority or any other party to waive compliance with such provision or requires that a document, opinion or other instrument or any event or condition be acceptable or satisfactory to the Borrower Authority or any other party, for purposes of this Agreement, such provision shall be complied with unless it is specifically waived by the Lender in writing and such document, opinion or other instrument and such event or condition shall be acceptable or satisfactory only if it is acceptable or satisfactory to the Lender which shall only be evidenced by the written approval by the Lender of the same. Except as permitted by Section 6.13 8.15 hereof, no termination of or amendment to such covenants and agreements or defined terms or release of the Borrower Authority with respect thereto made pursuant to the Indenture or any of the Related other Program Documents to which the Borrower Authority is a party, shall be effective to terminate or amend such covenants and agreements and defined terms or release the Borrower Authority with respect thereto in each case as incorporated byby reference herein without the prior written consent of the Lender. Notwithstanding any termination or expiration of the Indenture or any such other Program Document to which the Authority is a party, the Authority shall, unless the Indenture or such other Program Document, as applicable, has terminated in accordance with its terms and has been replaced by a new Indenture or Program Document, as applicable, continue to observe the covenants therein contained for the benefit of the Lender until the termination of this Agreement. All such incorporated covenants shall be in addition to the express covenants contained herein and shall not be limited by the express covenants contained herein nor shall such incorporated covenants be a limitation on the express covenants contained herein.
Appears in 1 contract
Samples: Revolving Credit Agreement
Compliance with Documents. The Borrower agrees that it will perform and comply with each and every covenant and agreement required to be performed or observed by it in each of the Related Loan Documents to which it is a party, which provisions, as well as related defined terms contained therein, are hereby incorporated by reference herein with the same effect as if each and every such provision were set forth herein in its entirety all of which shall be deemed to be made for the benefit of the Lender and shall be enforceable against the Borrower. To the extent that any such incorporated provision permits the Borrower or any other party to waive compliance with such provision or requires that a document, opinion or other instrument or any event or condition be acceptable or satisfactory to the Borrower or any other party, for purposes of this Loan Agreement, such provision shall be complied with unless it is specifically waived by the Lender in writing and such document, opinion or other instrument and such event or condition shall be acceptable or satisfactory only if it is acceptable or satisfactory to the Lender which shall only be evidenced by the written approval by the Lender of the same. Except as permitted by Section 6.13 hereof, no No termination or amendment to such covenants and agreements or defined terms or release of the Borrower with respect thereto made pursuant to any of the Related Loan Documents to which the Borrower is a party, shall be effective to terminate or amend such covenants and agreements and defined terms or release the Borrower with respect thereto in each case as incorporated byby reference herein without the prior written consent of the Lender. Notwithstanding any termination or expiration of such other Loan Document to which the Lender is a party, the Borrower shall continue to observe the covenants therein contained for the benefit of the Lender until the termination of this Loan Agreement and the payment in full of the Loan and all other Obligations. All such incorporated covenants shall be in addition to the express covenants contained herein and shall not be limited by the express covenants contained herein nor shall such incorporated covenants be a limitation on the express covenants contained herein.
Appears in 1 contract
Samples: Loan Agreement
Compliance with Documents. The Borrower Company agrees that it will perform and comply with each and every covenant and agreement required to be performed or observed by it in the Related Documents to which it is a partyCredit Agreement and the other Documents, which provisions, as well as related defined terms contained therein, are hereby incorporated by reference herein with the same effect as if each and every such provision were set forth herein in its entirety all of which shall be deemed to be made for the benefit of the Lender Bank and each Participant and shall be enforceable against the BorrowerCompany. To the extent that any such incorporated provision permits the Borrower or any other party thereto to waive compliance with such provision or requires that a document, opinion or other instrument or any event or condition be acceptable or satisfactory to the Borrower or any other partyparty thereto, for purposes of this Agreement, Agreement such provision shall not be complied with unless only if it is specifically waived by the Lender Bank in writing and such document, opinion or other instrument and such event or condition shall be acceptable or satisfactory only if it is acceptable or satisfactory to the Lender Bank which shall only be evidenced by the Bank's written approval by the Lender of the same. Except as permitted by Section 6.13 hereof, no No termination or amendment to such covenants and agreements or defined terms or release of the Borrower Company with respect thereto made pursuant to any of the Related Credit Agreement and the other Documents to which the Borrower is a party, shall be effective to terminate or amend such covenants and agreements and defined terms or release of the Borrower Company with respect thereto in each case as incorporated byby reference herein without the prior written consent of the Bank. Notwithstanding any termination or expiration of any such Document, the Company shall continue to observe the covenants therein contained for the benefit of the Bank and the Participants until the termination of this Agreement. All such incorporated covenants shall be in addition to the express covenants contained herein and shall not be limited by the express covenants contained herein nor shall such incorporated covenants be a limitation on the express covenants contained herein.
Appears in 1 contract
Samples: Letter of Credit and Reimbursement Agreement (Jacor Communications Inc)
Compliance with Documents. The Borrower agrees that it will Agency shall perform and comply with each and every covenant and agreement required to be performed or observed by it herein and in the Related Documents to which it is a partyNotes and in each of the other Loan Documents, which provisions, as well as related defined terms contained therein, are hereby incorporated by reference herein with the same effect as if each and every such provision were set forth herein in its entirety all of which shall be deemed to be made for the benefit of the Lender Bank and shall be enforceable against the BorrowerAgency. To the extent that any such incorporated provision permits the Borrower Agency or any other party to waive compliance with such provision or requires that a document, opinion or other instrument or any event or condition be acceptable or satisfactory to the Borrower Agency or any other party, for purposes of this Agreement, such provision shall be complied with unless only if it is specifically waived by the Lender Bank in writing and such document, opinion or other instrument and such event or condition shall be acceptable or satisfactory only if it is acceptable or satisfactory to the Lender Bank which shall only be evidenced by the Bank’s written approval by the Lender of the same. Except as permitted by Section 6.13 hereof, no No termination or amendment to such covenants and agreements or defined terms or release of the Borrower Agency with respect thereto made pursuant to any of the Related Loan Documents to which the Borrower is a party, shall be effective to terminate or amend such covenants and agreements and defined terms or release of the Borrower Agency with respect thereto in each case as incorporated byby reference herein without the prior written consent of the Bank. Notwithstanding any termination or expiration of any such Loan Document, the Agency shall continue to observe the covenants therein contained for the benefit of the Bank until the termination of this Agreement. All such incorporated covenants shall be in addition to the express covenants contained herein and shall not be limited by the express covenants contained herein nor shall such incorporated covenants be a limitation on the express covenants contained herein.
Appears in 1 contract
Samples: Credit Agreement
Compliance with Documents. The Borrower Commission agrees that it will perform and comply with each and every covenant and agreement required to be performed or observed by it in the Bond Ordinance and each of the other Related Documents to which it is a party, which provisions, as well as related defined terms contained therein, are hereby incorporated by reference herein with the same effect as if each and every such provision were set forth herein in its entirety all of which shall be deemed to be made for the benefit of the Lender Purchaser and shall be enforceable against the BorrowerCommission. To the extent that any such incorporated provision permits the Borrower Commission or any other party to waive compliance with such provision or requires that a document, opinion or other instrument or any event or condition be acceptable or satisfactory to the Borrower Commission or any other party, for purposes of this Agreement, such provision shall be complied with unless it is specifically waived by the Lender Purchaser in writing and such document, opinion or other instrument and such event or condition shall be acceptable or satisfactory only if it is acceptable or satisfactory to the Lender Purchaser which shall only be evidenced by the written approval by the Lender Purchaser of the same. Except as permitted by Section 6.13 6.14 hereof, no termination or amendment to such covenants and agreements or defined terms or release of the Borrower Commission with respect thereto made pursuant to the Bond Ordinance or any of the other Related Documents to which the Borrower Commission is a party, shall be effective to terminate or amend such covenants and agreements and defined terms or release the Borrower Commission with respect thereto in each case as incorporated byby reference herein without the prior written consent of the Purchaser. Notwithstanding any termination or expiration of the Bond Ordinance or any such other Related Document to which the Commission is a party, the Commission shall continue to observe the covenants therein contained for the benefit of the Purchaser until the termination of this Agreement and the payment in full of the Bonds, the Bank Note, the Term Loan and all other Obligations. All such incorporated covenants shall be in addition to the express covenants
Appears in 1 contract
Samples: Term Loan Agreement