Common use of Compliance with Orders, Ordinances, Etc Clause in Contracts

Compliance with Orders, Ordinances, Etc. (a) The Institution agrees that it will promptly comply with all statutes, codes, laws, acts, ordinances, orders, judgments, decrees, injunctions, rules, regulations, permits, licenses, authorizations, directions and requirements of all federal, state, county, municipal and other governments, departments, commissions, boards, companies or associations insuring the premises, courts, authorities, officials and officers, foreseen or unforeseen, ordinary or extraordinary, which now or at any time hereafter may be applicable to the Mortgaged Property or the Facility or any part thereof, or to any use, manner of use or condition of the Mortgaged Property or the Facility or any part thereof. (b) Notwithstanding the provisions of subsection (a) of this Section 4.20, the Institution may commence a Good Faith Contest challenging the validity or the applicability of any requirement of the nature referred to in subsection (a) above, provided that the Institution shall have first notified the Issuer and the Purchaser of such Good Faith Contest. In such event, the Institution may fail to comply with the requirement or requirements so contested during the period of such Good Faith Contest and any appeal therefrom, unless the Issuer or the Purchaser shall notify the Institution that by failure to comply with such requirement or requirements, the Issuer or the Purchaser or any of their respective members, directors, officers, agents or servants may be liable for prosecution for failure to comply therewith in, which event the Institution shall promptly take such action with respect thereto as shall be satisfactory to the Issuer and the Purchaser.

Appears in 1 contract

Samples: Bond Purchase Agreement and Loan Agreement

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Compliance with Orders, Ordinances, Etc. (aA) The Institution Company agrees that it will will, at all times prior to the termination of the Mortgage, promptly comply with all statutes, codes, laws, acts, ordinances, orders, judgments, decrees, injunctions, rules, regulations, permits, licenses, authorizations, directions and requirements of all federal, state, county, municipal Governmental Authorities having jurisdiction over the Company or the Project Facility and other governments, departments, commissions, boards, all companies or associations insuring the premises, courts, authorities, officials and officersMortgaged Property, foreseen or unforeseen, ordinary or extraordinary, which now or at any time hereafter may be applicable to the Mortgaged Property or the Project Facility or any part thereof, or to any use, manner of use or condition of the Mortgaged Property or the Project Facility or any part thereof. (bB) Notwithstanding the provisions of subsection (a) of this Section 4.20, the Institution The Company may commence a Good Faith Contest challenging in good faith actively contest the validity or the applicability of any requirement of the nature referred to in subsection (a) abovesuch requirement, provided that the Institution Company (1) first shall have first notified the Issuer and the Purchaser Bank of such Good Faith Contest. In contest, (2) is not in default under any of the Financing Documents, (3) shall have set aside adequate reserves for any such eventrequirement, and (4) demonstrates to the Institution may fail to comply with the requirement or requirements so contested during the period reasonable satisfaction of such Good Faith Contest and any appeal therefrom, unless the Issuer or the Purchaser shall notify the Institution Bank that by failure to comply noncompliance with such requirement or requirementsrequirements will not subject the Lien of the Mortgage as to any part of the Project Facility, or the value of the Project Facility or any part thereof, to material loss or forfeiture. Otherwise, the Issuer or the Purchaser or any of their respective members, directors, officers, agents or servants may be liable for prosecution for failure to comply therewith in, which event the Institution Company shall promptly take such action with respect thereto as shall be satisfactory to the Issuer and the PurchaserBank. This Section 5.05(B) shall not be deemed to apply to the payment of taxes or assessments.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Spurlock Industries Inc)

Compliance with Orders, Ordinances, Etc. (a) The Institution Company agrees that it will will, throughout the term of this Lease Agreement, promptly comply with all statutes, codes, laws, acts, ordinances, orders, judgments, decrees, injunctions, rules, regulations, permits, licenses, authorizations, directions and requirements of all federal, state, county, municipal and other governments, departments, commissions, boards, companies or associations insuring the premises, courts, authorities, officials and officers, foreseen or unforeseen, ordinary or extraordinary, which now or at any time hereafter may be applicable to the Mortgaged Property or the Facility or any part thereof, or to any use, manner of use or condition of the Mortgaged Property or the Facility or any part thereof. (b) Notwithstanding the provisions of subsection (a) of this Section 4.205.8, the Institution Company may commence a Good Faith Contest challenging in good faith contest the validity or of the applicability of any requirement of the nature referred to in such subsection (a) above, provided that the Institution shall have first notified the Issuer and the Purchaser of such Good Faith Contest). In such event, the Institution Company, with the prior written consent of the Agency (which shall not be unreasonably withheld) may fail to comply with the requirement or requirements so contested during the period of such Good Faith Contest contest and any appeal therefrom, unless the Issuer or the Purchaser Agency shall notify the Institution Company that by failure to it must comply with such requirement or requirements, the Issuer or the Purchaser or any of their respective members, directors, officers, agents or servants may be liable for prosecution for failure to comply therewith in, which event the Institution shall promptly take such action with respect thereto as shall be satisfactory to the Issuer and the Purchaser.

Appears in 1 contract

Samples: Lease Agreement (CVC Inc)

Compliance with Orders, Ordinances, Etc. (aA) The Institution Company agrees that during the term of this Lease Agreement it will promptly comply with all statutes, codes, laws, acts, ordinances, orders, judgments, decrees, injunctions, rules, regulations, permits, licenses, authorizations, directions and requirements of all federal, state, county, municipal and other governments, departments, commissions, boards, companies or associations insuring the premises, courts, authorities, officials and officersGovernmental Authorities, foreseen or unforeseen, ordinary or extraordinary, which now or at any time hereafter may be applicable to the Mortgaged Property Company or the Facility or any part thereof, or to any use, manner of use or condition of the Mortgaged Property or the Facility or any part thereof. (bB) Notwithstanding the provisions of subsection (aA) of this Section 4.208.6, the Institution Company may commence a Good Faith Contest challenging in good faith actively contest the validity or the applicability of any requirement of the nature referred to in such subsection (a) aboveA), provided that the Institution Company (1) first shall have first notified the Issuer and the Purchaser Agency in writing of such Good Faith Contest. In contest, (2) is not in default hereunder, and (3) shall have set aside adequate reserves for any such eventrequirement. (C) Notwithstanding the provisions of subsection (B) of this Section 8.6, if the Institution may fail to comply with the requirement or requirements so contested during the period of such Good Faith Contest and any appeal therefrom, unless the Issuer or the Purchaser shall notify the Institution that by failure to comply with such requirement or requirements, the Issuer or the Purchaser Agency or any of their respective its members, directors, officers, agents or servants employees may be liable for prosecution for failure to comply therewith intherewith, which event the Institution Company shall promptly take such action with respect thereto as shall be satisfactory to the Issuer and the PurchaserAgency.

Appears in 1 contract

Samples: Lease Agreement

Compliance with Orders, Ordinances, Etc. (a) The Institution College agrees that it will will, until the Bonds are paid in full, promptly materially comply with all statutes, codes, laws, acts, ordinances, orders, judgments, decrees, injunctions, rules, regulations, permits, licenses, authorizations, directions and requirements of all federal, state, county, municipal and other governments, departments, commissions, boardsany Governmental Authority, companies or associations insuring the premises, courts, authorities, officials and officers, foreseen or unforeseen, ordinary or extraordinary, which now or at any time hereafter may be applicable to the Mortgaged Property or the Facility or any part thereof, or to any use, manner of use or condition of the Mortgaged Property or the Facility or any part thereof. (b) Notwithstanding the provisions of subsection (a) of this Section 4.204.26, the Institution College may commence a Good Faith Contest challenging in good faith contest the validity or the applicability of any requirement of the nature referred to in subsection (a) above, provided that the Institution College shall have first notified the Issuer and the Purchaser Bank of such Good Faith Contestcontest. In such event, the Institution College may fail to comply with the requirement or requirements so contested during the period of such Good Faith Contest contest and any appeal therefrom, unless the Issuer or the Purchaser Bank shall notify the Institution College that by failure to comply with such requirement or requirements, requirements the Issuer or the Purchaser Bank or any of their respective members, directors, officers, agents or servants may be liable for prosecution for failure to comply therewith intherewith, in which event the Institution College shall promptly take such action with respect thereto as shall be satisfactory to the Issuer and or the PurchaserBank.

Appears in 1 contract

Samples: Bond Purchase Agreement and Loan Agreement

Compliance with Orders, Ordinances, Etc. (a) The Institution Company agrees that it will will, throughout the Contract Term, promptly comply with all statutes, codes, laws, acts, ordinances, resolutions, impositions, assessments, orders, judgments, decrees, injunctions, rules, regulations, permits, licenses, authorizations, directions and requirements of all federal, state, county, municipal and other governments, departments, commissions, boards, companies or associations insuring the premises, courts, authorities, officials and officers, foreseen or unforeseen, ordinary or extraordinary, which now or at any time hereafter may be applicable to the Mortgaged Property or the Facility Project or any part thereof, or to any use, manner of use or condition of the Mortgaged Property or the Facility Project or any part thereof. (b) Notwithstanding the provisions of subsection (a) of this Section 4.20above, the Institution Company may commence a Good Faith Contest challenging in good faith contest the validity or the applicability of any requirement of the nature referred to in subsection (a) above, provided that the Institution shall have first notified Company has furnished to the Issuer and the Purchaser Trustee a bond or cash deposit, or opinion of such Good Faith ContestIndependent Counsel, as described in Section 6.7(b). In such event, the Institution Company may fail to comply with the requirement or requirements so contested during the period of such Good Faith Contest contest and any appeal therefrom, unless the Issuer or the Purchaser shall notify the Institution that by failure to comply with such requirement or requirementsrequirements (i) the Project or any part thereof may be subject to loss or forfeiture, or (ii) the Issuer or the Purchaser or any of their respective its members, directors, officers, agents (other than the Company) or servants may be liable for prosecution for failure to comply therewith intherewith, in which event case the Institution Company shall promptly take such action with respect thereto as shall be satisfactory to satisfy the Issuer and the PurchaserIssuer.

Appears in 1 contract

Samples: Loan Agreement (Roth CH Acquisition I Co. Parent Corp.)

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Compliance with Orders, Ordinances, Etc. (a) The Institution Borrower agrees that it will throughout the Loan Term to promptly comply with all statutes, codes, laws, acts, ordinances, orders, judgments, decrees, injunctions, rules, regulations, permits, licenses, authorizations, directions and requirements of all federal, state, county, municipal and other governments, departments, commissions, boards, companies or associations insuring the premises, courts, authorities, officials and officers, foreseen or unforeseen, ordinary or extraordinary, which now or at any time hereafter may be applicable to the Mortgaged Security Property or the Facility or any part thereof, or to any use, manner of use or condition of the Mortgaged Security Property or the Facility or any part thereof. (b) Notwithstanding the provisions of subsection (a) of this Section 4.208.11(a), the Institution Borrower may commence a Good Faith Contest challenging in good faith contest the validity or the applicability of any requirement of the nature referred to in such subsection (a) above, provided that the Institution shall have first notified the Issuer and the Purchaser of such Good Faith Contest). In such event, the Institution Borrower may fail to comply with the requirement or requirements so contested during the period of such Good Faith Contest contest and any appeal therefrom, unless the Issuer Board or the Purchaser Trustee shall notify the Institution Borrower that by failure to comply with such requirement or requirements, requirements the Issuer Lien of the Security Instruments or the Purchaser security interest created by Section 5.4(a) and 5.4(b) of this Agreement as to any part of the Security Property may be materially endangered or the Security Property or any of their respective members, directors, officers, agents or servants part thereof may be liable for prosecution for failure subject to comply therewith inloss or forfeiture, in which event the Institution Borrower shall promptly take such action with respect thereto as shall be satisfactory to the Issuer and the PurchaserTrustee.

Appears in 1 contract

Samples: Loan Agreement (Excelsior Henderson Motorcycle Manufacturing Co)

Compliance with Orders, Ordinances, Etc. (a) The Institution Borrower agrees that it will throughout the Loan Term to promptly comply with all statutes, codes, laws, acts, ordinances, orders, judgments, decrees, injunctions, rules, regulations, permits, licenses, authorizations, directions and requirements of all federal, state, county, municipal and other governments, departments, commissions, boards, companies or associations insuring the premises, courts, authorities, officials and officers, foreseen or unforeseen, ordinary or extraordinary, which now or at any time hereafter may be applicable to the Mortgaged Security Property or the Facility or any part thereof, or to any use, manner of use or condition of the Mortgaged Security Property or the Facility or any part thereof. (b) Notwithstanding the provisions of subsection (a) of this Section 4.208.12(a), the Institution Borrower may commence a Good Faith Contest challenging in good faith contest the validity or the applicability of any requirement of the nature referred to in such subsection (a) above, provided that the Institution shall have first notified the Issuer and the Purchaser of such Good Faith Contest). In such event, the Institution Borrower may fail to comply with the requirement or requirements so contested during the period of such Good Faith Contest contest and any appeal therefrom, unless the Issuer Board or the Purchaser Trustee shall notify the Institution Borrower that by failure to comply with such requirement or requirements, requirements the Issuer Lien of the Security Instruments or the Purchaser security interest created by Section 5.4(a) and 5.4(b) of this Agreement as to any part of the Security Property may be materially endangered or the Security Property or any of their respective members, directors, officers, agents or servants part thereof may be liable for prosecution for failure subject to comply therewith inloss or forfeiture, in which event the Institution Borrower shall promptly take such action with respect thereto as shall be satisfactory to the Issuer and the PurchaserTrustee.

Appears in 1 contract

Samples: Loan Agreement (Sparta Foods Inc)

Compliance with Orders, Ordinances, Etc. (a) The Institution Company agrees that it will will, throughout the term of this Leaseback Agreement, promptly comply with all statutes, codes, laws, acts, ordinances, orders, judgments, decrees, injunctions, rules, regulations, permits, licenses, authorizations, directions and requirements of all federal, state, county, municipal and other governments, departments, commissions, boards, companies or associations insuring the premises, courts, authorities, officials and officers, foreseen or unforeseen, ordinary or extraordinary, which now or at any time hereafter may be applicable to the Mortgaged Property or the Facility or any part thereof, or to any use, manner of use or condition of the Mortgaged Property or the Facility or any part thereof. (b) . Notwithstanding the provisions of subsection (a) of this Section 4.205.8, the Institution Company may commence a Good Faith Contest challenging in good faith contest the validity or of the applicability of any requirement of the nature referred to in such subsection (a) above, provided that the Institution shall have first notified the Issuer and the Purchaser of such Good Faith Contest). In such event, the Institution Company, with the prior written consent of the Agency (which shall not be unreasonably conditioned, delayed or withheld) may fail to comply with the requirement or requirements so contested during the period of such Good Faith Contest contest and any appeal therefrom, unless the Issuer or the Purchaser Agency shall notify the Institution Company that by failure to it must comply with such requirement or requirements, the Issuer or the Purchaser or any of their respective members, directors, officers, agents or servants may be liable for prosecution for failure to comply therewith in, which event the Institution shall promptly take such action with respect thereto as shall be satisfactory to the Issuer and the Purchaser.

Appears in 1 contract

Samples: Leaseback Agreement (Monro Muffler Brake Inc)

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