COVENANTS AND AGREEMENTS OF BORROWER. Borrower hereby covenants and agrees as follows:
COVENANTS AND AGREEMENTS OF BORROWER. While any part of the Obligations remains unpaid and unless otherwise waived in writing by Lender, Borrower hereby covenants and agrees as follows:
COVENANTS AND AGREEMENTS OF BORROWER. In addition to all covenants and agreements of Borrower set forth in the other Loan Documents, which are incorporated herein by this reference, Borrower hereby agrees, at no cost or expense to the Agent or any of the Credit Providers:
(a) To do all commercially reasonable acts (other than acts which are required to be done by the Agent) that may be necessary to maintain, preserve and protect the Personal Property Collateral and, to the extent such actions are required to be taken by Borrower, the first priority, perfected security interest of the Agent for the benefit of the Credit Providers therein.
(b) Not to use or permit any Personal Property Collateral to be used unlawfully or in violation of any provision of this Borrower Security Agreement, any other agreement with the Agent and/or the Credit Providers related hereto, or any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on Borrower or affecting any of the Personal Property Collateral or any contractual obligation affecting any of the Personal Property Collateral.
(c) To pay promptly when due all taxes, assessments, charges, encumbrances and Liens now or hereafter imposed upon or affecting any Personal Property Collateral.
(d) To appear in and defend any action or proceeding which may affect its title to or the Agent's interest on behalf of the Credit Providers in the Personal Property Collateral.
(e) Not to surrender or lose possession of (other than to the Agent), sell, encumber, lease, rent, or otherwise dispose of or transfer any Personal Property Collateral or right or interest therein except as expressly provided herein and in the other Loan Documents, and to keep the Personal Property Collateral free of all levies and security interests or other Liens or charges except those permitted under the Credit Agreement or otherwise approved in writing by the Agent; provided, however, that, unless a Default shall have occurred and be continuing, Borrower may, in the ordinary course of business, sell or lease any Personal Property Collateral consisting of inventory.
(f) To account fully for and promptly deliver to the Agent, in the form received, all documents, chattel paper, instruments and agreements constituting Personal Property Collateral hereunder, including, without limitation, all stock certificates evidencing Pledged Shares, and all following the occurrence of a Default proceeds of the Personal Property Collateral received, all endorsed to the Agent or in bla...
COVENANTS AND AGREEMENTS OF BORROWER. 7 Section 4.1 Notice to the Lenders 7 Section 4.2 Further Assurances 7 Section 4.3 Defense of Actions 7 Section 4.4 Indemnification 7 Section 4.5 NYSE MKT Listing; Listing of Warrant Shares 8
COVENANTS AND AGREEMENTS OF BORROWER. Prior to recordation of the Mortgage, no work of any kind (including that of destruction or removal of any existing improvements upon the property, the drilling of test holes, or grading) has been or will be commenced or performed upon the Property, and no materials or equipment have been or will be delivered to or upon the Property.
COVENANTS AND AGREEMENTS OF BORROWER. The Borrower covenants and agrees that, until the Obligations are paid in full in cash and this Security Instrument is satisfied in writing by the Grantee:
COVENANTS AND AGREEMENTS OF BORROWER. 5
4.1. Covenants and Agreements5
(a) Change of Name, Identity or Structure5 (b) Indemnity5
(c) Fees and Expenses6
(d) Waivers.6
(e) Books and Records6
(f) Further Assurances6
COVENANTS AND AGREEMENTS OF BORROWER. Until payment in full of the Loan, Borrower covenants and agrees as follows:
COVENANTS AND AGREEMENTS OF BORROWER. Borrower hereby covenants and agrees that from the date of the First Advance until all amounts payable or outstanding hereunder or under any of the other Loan Instruments are paid in full, Borrower shall faithfully observe and fulfill, and shall cause to be fulfilled and observed each and all of the following covenants:
COVENANTS AND AGREEMENTS OF BORROWER. Borrower hereby covenants and agrees with Lender that it will do, and if necessary will cause to be done, or arrange to be done, each and all of the following:
