Covenants Agreements Clause Samples

Covenants Agreements. With respect to approved exterior façade improvements performed to an approved existing building, the CITY shall reimburse the OWNER/LESSEE for the cost incurred in the performance of such improvements in an amount equal to fifty percent (50%) of the total costs of such work, not to exceed a maximum amount of $3,000. The actual total reimbursement amounts per this Agreement shall not exceed $3,000 for eligible project components related to the approved façade improvements. The improvement costs, which are eligible for CITY reimbursement, include all labor, materials, equipment, and other contract items necessary for the proper execution of the work as shown on the plans, design drawings, specifications, and estimates approved by the CITY. Such plans, design drawings, specifications, and estimates are attached hereto as EXHIBIT A.

Covenants Agreements. The Borrower covenants and agrees with each Lender and Holder that so long as this Amendment shall remain in effect and until the Commitments have been terminated and the principal of and interest on each Loan, all Fees and all other expenses or amounts payable under any Loan Document shall have been paid in full, unless the Administrative Agent shall otherwise consent in writing, the Borrower will, and will cause each of the Restricted Subsidiaries to: a. From and after April 8, 2018, not permit, for three consecutive Business Days, the Specified Current Asset Coverage Ratio for the Borrower and the Restricted Subsidiaries, as determined as of the close of business on each Business Day, to be less than as set forth in the table immediately below opposite such applicable time period, as certified by a Financial Officer pursuant to a certificate, in the form of Exhibit C attached hereto, and delivered to the Administrative Agent, which certificate shall also include a daily report setting forth a summary of Loan Receivables (including principal amounts thereof and type of Loan Receivable) sold to CCFI Funding II, LLC on such Business Day, by no later than 5:00 p.m. prevailing Eastern Time on the third Business Day following each determination thereof: Time Period Specified Current Asset Coverage Ratio Fourth Amendment Effective Date through April 30, 2018 1.60 to 1.00 May 1, 2018 through October 31, 2018 1.20 to 1.00 November 1, 2018 through Maturity Date 1.10 to 1.00 b. From and after the Fourth Amendment Effective Date, provide weekly reports substantially in the form of Exhibit F attached hereto, of (i) the operations of the Borrower and its Subsidiaries on a consolidated basis and (ii) cash basis net revenue of the Borrower and its Subsidiaries, with such reports to be delivered to the Administrative Agent no later than three (3) Business Days following the 7th, 14th, 21st, and final date of each month. c. From and after April 8, 2018, provide weekly deliveries to the Administrative Agent of a data tape in respect of all Loan Receivables and all other loan receivables of the Loan Parties and of CCFI Funding II, LLC, in each case, in the format and containing such information that has previously been furnished to the Administrative Agent and which shall additionally include payment history information in respect of all such Loan Receivables, with such information to be delivered to the Administrative Agent no later than three (3) Business Days following ...

Covenants Agreements. All covenants and other agreements shall survive the Closing in accordance with the applicable statute of limitations.

Covenants Agreements. AHLE and the Shareholders shall have performed all covenants and agreements to be performed by each of them on or before Closing pursuant to the terms of this Agreement.

Covenants Agreements in the event it acquires rights in any Securities Accounts, Securities Entitlements, Deposit Accounts or Commodity Accounts after the date hereof, it shall deliver to the Collateral Trustee a completed Pledge Supplement, substantially in the form of Annex A attached hereto, together with all Supplements to Schedules thereto, reflecting such new Securities Accounts, Securities Entitlements, Deposit Accounts or Commodity Accounts and all other Securities Accounts, Securities Entitlements, Deposit Accounts or Commodity Accounts. Notwithstanding the foregoing, it is understood and agreed that the security interest of the Collateral Trustee shall attach to all Securities Accounts, Securities Entitlements, Deposit Accounts or Commodity Accounts immediately upon any Grantor's acquisition of rights therein and shall not be affected by the failure of any Grantor to deliver a supplement to Schedule III as required hereby.

Covenants Agreements. It is understood and agreed that the security interest of the Collateral Agent shall attach to all Securities Accounts, Securities Entitlements, Deposit Accounts or Commodity Accounts immediately upon any Grantor’s acquisition of rights therein and shall not be affected by the failure of any Grantor to deliver a supplement to Schedule II as required hereby.

Covenants Agreements. Borrower covenants and agrees that (i) it will not change its name, location, jurisdiction of organization or corporate form or take any other action that could adversely affect the security interest of Creditor without giving Creditor 30 days' prior written notice thereof and taking such action as Creditor shall request in order to ensure that Creditor at all times has a first priority perfected security interest in the Collateral, (ii) Borrower will not pledge or otherwise encumber the Collateral to any person or entity other than Creditor and shall not permit any UCC filings or filings in the U.S. patent and Trademark Office or U.S. Copyright Office to be made in favor of any person or entity other than the Creditor, and (iii) Borrower will provide an updated Exhibit A hereto on a bi-weekly basis such that Exhibit A reflects the name and address of all account debtors and other obligors for all Receivables then outstanding in excess of $1,500 (for purposes of determining the $1,500 threshold, amounts owing by any obligor in respect of Basic Players and Enhanced Players shall be aggregated). Exhibit A shall be divided into two parts, with Part 1 specifying the amount of any Receivables in respect of any Basic Players and Part 2 specifying the amount of any Receivables in respect of any Enhanced Players. Borrower will further promptly notify Creditor if any Receivables in excess of $1,500 become delinquent for more than 90 days. Borrower shall also provide to creditor on a bi-weekly basis a list of all inventory of Players that have not been sold or otherwise disposed of by Borrower. Borrower shall also provide monthly financial statements. The updates to Exhibit A, the notification of delinquent receivables, the list of current inventory and the monthly financial statement in each case shall be certified by an officer of the Borrower and delivered to ▇▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇ via e-mail (▇▇▇▇▇▇▇.▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇) or to such other person and method of delivery as Creditor shall specify in writing with a copy to the Escrow Agent under the Escrow Agreement. It is understood and agreed that without limiting any of Creditors other rights and remedies available hereunder, under the Escrow Agreement, or under applicable law, should the Borrower fail to comply with its obligations under this Section 5, Creditor may suspend, stop or cancel delivery of any Players and reclaim any Players previously shipped or delivered.

Covenants Agreements. Except for those covenants and agreements which by their terms require performance after the Closing (which covenants and agreements shall survive in accordance with their respective terms), all covenants and other agreements of the parties in this Agreement and in the Collateral Documents shall end at and as of the time of Closing and shall not survive the Closing.

Covenants Agreements. It is understood and agreed that the security interest of the Collateral Agent shall attach to all Securities Accounts, Securities Entitlements, Deposit Accounts or Commodity Accounts immediately upon any Grantor’s acquisition of rights therein and shall not be affected by the failure of any Grantor to deliver a supplement to Schedule II as required hereby. (iii) Delivery and Control. Subject to clause (iv) below, each Grantor agrees that with respect to any Investment Related Property consisting of Securities Accounts or Securities Entitlements, it shall cause the securities intermediary maintaining such Securities Account or Securities Entitlement to enter into an Account Control Agreement, in form and substance reasonably satisfactory to the Collateral Agent, pursuant to which it shall agree to comply with the Collateral Agent’s “entitlement orders” without further consent by such Grantor and shall establish the Collateral Agent shall have “control” (within the meaning of Section 9-106 of the UCC) over such Securities Accounts or Securities Entitlements. (iv) Each Grantor shall be required by this Agreement to enter into such control agreement or agreements only with respect to: (i) any Securities Accounts, Securities Entitlements, Deposit Accounts or Commodity Accounts that exist on the Closing Date, on or prior to the date that is 60 days after the Closing Date and (ii) any Securities Accounts, Securities Entitlements, Deposit Accounts or Commodity Accounts that are created or acquired after the Closing Date, on or prior to the date that is 30 days after the deposit or transfer of any such Securities Entitlements or funds, whether constituting moneys or investments, into such Securities Accounts, Deposit Accounts or Commodity Accounts, except, in each case, for Securities Accounts, Securities Entitlements, Deposit Accounts and Commodity Accounts the value of which does not exceed $5,000,000 in the aggregate. (f)