Compliance with Other Documents. The execution and delivery of this Agreement, consummation of the transactions contemplated hereby, and compliance with the terms and provisions hereof will not conflict with or result in a breach of the terms and conditions of, or constitute a default under the Restated Certificate or Bylaws of the Company or of any contract or agreement to which the Company is now a party, except where such conflict, breach or default of any such contract or agreement, either individually or in the aggregate, would not have a material adverse effect on the Company's business, financial condition or results of operations.
Compliance with Other Documents. 2 3. Representations and Warranties of the Investor...........................................................3
Compliance with Other Documents. The execution and delivery of this Agreement, consummation of the transactions contemplated hereby, and compliance with the terms and provisions hereof will not conflict with or result in a breach of the terms and conditions of, or constitute a default under the Company's Articles of Incorporation or Bylaws or of any contract or agreement to which the Company is now a party, except where such conflict, breach or default of any such contract or agreement, either individually or in the aggregate, would not have a material adverse effect on the Company's business, financial condition or results of operations and would not prevent, or materially alter or delay any of the transactions contemplated by this Agreement.
Compliance with Other Documents. Neither the execution or delivery of this Agreement or the Share Registration Rights Agreement, the consummation of the transactions contemplated hereby and thereby, nor the fulfillment of or compliance with the terms and conditions hereof or thereof conflict with or will result in a breach or violation of or default under any of the terms, conditions or provisions of (i) the Company's organizational documents or (ii) any agreement, order, judgment, decree, arbitration award, statute, regulation or instrument to which it is a party or by which it or its assets are bound.
Compliance with Other Documents. The Borrower shall make all payments and shall observe and perform all covenants, conditions and agreements required to be paid, observed or performed by the Borrower under the Financing Documents, the Mortgage Note, the Mortgage, the other Mortgage Loan Documents, the Regulatory Agreement and all other documents, instruments or agreements which may at any time, or from time to time, be entered into by the Borrower with respect to the Project or the operation, occupancy or use thereof. The Indenture has been submitted to the Borrower for examination, and the Borrower, by execution of this Financing Agreement, acknowledges and agrees that it has participated in the negotiation of the Indenture that it has approved and agreed to each of the provisions of the Indenture and that it is bound by, shall adhere to the provisions of, and shall have the rights set forth by the terms and conditions of, the Indenture and covenants and agrees to perform all obligations required of the Borrower pursuant to the terms of the Indenture. The Borrower hereby grants to the Trustee for the benefit of the Lender, Xxxxxx Xxx and the Bondholders a security interest in all of its rights in and to all funds created or established by the Trustee under the Indenture in the manner and subject to the terms and conditions of the Indenture.
Compliance with Other Documents. The execution and delivery of this Assignment and the other Transaction Documents do not, and consummation of the transactions and performance of this Assignment and the other Transaction Documents will not, result in (a) a violation of or a conflict with any provision of the formation or governing documents of Assignor, (b) a violation of any statute, rule, regulation, ordinance, order, judgment, writ, injunction, or decree to which Assignor or its assets are subject or bound, or (c) a violation of or a conflict with any of the terms, covenants, conditions or provisions of, or constitute a default in respect of, any agreement, contract or instrument to which Assignor is a party or by which any of Assignor’s properties or assets is bound or to which any of them may be subject except for the Intercreditor Agreement and Subordination Agreement.
Compliance with Other Documents. It is recognized by MMWEC and the Participants that the planning, financing, construction, acquisition, operation and maintenance of the Project must comply, in all respects, with requirements of the Agreement, the Bond Resolution, the Operating Agreement, and all licenses, permits and regulatory provisions necessary for such planning, financing, construction, acquisition, operation and maintenance of the Project and it is therefore agreed that, notwithstanding any other provision of this Agreement, (i) no action by any Participant or the Participants Committee shall require MMWEC to act in any manner inconsistent with any such requirements or to refrain from acting as thereby required; and (ii) if the Participants Committee shall fail to make recommendations or act with respect to any matter in connection with an action that is required to be taken pursuant to any of the foregoing, MMWEC shall take such action as it deems appropriate to assure compliance with the foregoing and it is therefore agreed that this Agreement is made subject to the terms and provisions of the Bond Resolution, the Operating Agreement, and all such licenses, permits and regulatory approvals.
Compliance with Other Documents. A. Recovery of funds paid for unauthorized and/or unapproved Work. Contractor shall repay to the City any funds Contractor may have received for any Work, services, and/or materials Contractor provided and/or performed for this Project if any such items were not properly authorized and approved by the City, and any other approving local, State, or Federal agency, and/or for any funds the City may have to repay to any Federal or State agency due to the actions and/or omissions of the Contractor, including but not limited to, any reporting or record keeping requirements.
Compliance with Other Documents. Borrower shall comply with the terms of the IBM Master Distributor Agreement, the Sales Force Agreement, the Management Agreement, and the Agreement for Inventory Financing in accordance with the terms as set forth therein.
Compliance with Other Documents. The Company shall comply and shall cause any lessee, licensee or invitee of the Project to comply with the terms and provisions of the Lease Agreement, this Loan Agreement and the Mortgages respecting the Project.
