Covenants by Developers Sample Clauses

Covenants by Developers. Each of the Developers covenants and agrees: (i) to keep the Board of Directors of the Project Company informed of all material events relating to the Project known by it, including defaults or violations by Project Company or its members under any applicable Project Documents, Permits or Laws, any litigation relating to Project Company or the Project, receipt of any material notices or reports relating to the Project, termination, suspension or impairment of any applicable Permit relating to the Project or Material Changes that could adversely affect the development and construction of the Project or Commercial Operation of the Project; (ii) to timely transfer to the other Developer such information regarding Project Company and the Project given to it, including the revisions to the Project Schedule and Project Budget, including but not limited to monthly progress and budgetary reports of the Project, in all cases as provided by the Project Company; (iii) use best commercial endeavors to assist the Project Company so that as soon as available and in any event within ten days (10) days after the end of each quarterly fiscal period of each fiscal year of Project Company, the Project Company delivers to each Developer unaudited (and if available, audited) statements of income, members’ equity and cash flows of Project Company for such period and for the period from the beginning of the respective fiscal year to the end of such period, and the related balance sheet and profit and loss account statement as at the end of each such period, setting forth (to the extent applicable) in each case in comparative form the corresponding figures for the corresponding period in the preceding fiscal year, accompanied by a certificate of an authorized officer of Project Company, which certificate shall state that such financial statements fairly present in all material respects the financial condition and (to the extent applicable) results of operations of Project Company in accordance with GAAP, consistently applied, as at the end of, and for, such period (subject to normal year-end audit adjustments); (iv) assist the Project Company so that it preserves, protects and defends all of its material rights and remedies under the Project Documents and complies with its obligations under the Project Documents; (v) promptly notify the Board of Directors of the Project Company of all known defects in the Project, and if requested by the Board of Directors of the Project Company,...
Sample 1
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Related to Covenants by Developers

  • Covenants by Executive 5.1 As of the Effective Date, Executive is a party to the Proprietary Information and Additional Covenants Agreement between Executive and Forge (the “PICA”). Subject to § 5.9 below, Executive shall comply with all applicable terms and conditions of the PICA throughout the Term hereof, and hereby agrees to execute and comply with any amendments to or updated versions of the PICA that Forge may require of its officers and employees from time to time. Future amendments or updated versions will be automatically incorporated into this Employment Agreement upon execution thereof and will revise or replace the previous PICA, each such amended or new version of the PICA subject to § 5.9 below, and all references to “PICA” in this Employment Agreement will be interpreted as referring to the then-current version of the PICA executed by the Executive; provided, however, references to “PICA” in § 4.2(c)(4) shall refer to the PICA in effect on the date hereof or any subsequent form of the PICA which Executive explicitly agrees to incorporate into § 4.2(c)(4). Capitalized terms used in this § 5 but not defined in this Employment Agreement will have the meaning provided in the PICA. If there is a conflict between this § 5 and the PICA, this § 5 will control but only with respect to the conflicting provisions and to the extent necessary to resolve the conflict.

  • COVENANTS BY THE COMPANY The Company covenants and agrees as follows:

  • Covenants of Both Parties The parties hereto agree that:

  • Covenants Etc Buyer shall have substantially performed and complied with each and every covenant, agreement and condition required by this Agreement to be performed or complied with by it prior to, or at, the Closing Date.

  • Covenants Extending to Other Persons 77 9.12. Officer's Knowledge of Default.................................................................77 9.13.

  • Covenants of Parties The Parties hereby covenant and agree as follows:

  • Covenants of the Vendor The Vendor covenants and agrees with the Purchaser as follows:

  • Covenants of Party A (a) Unless the provisions set forth below under “Private Placement Procedures” shall be applicable, Party A shall use any Shares delivered by Party B to Party A on any Settlement Date to return to securities lenders to close out open Share loans created by Party A or an affiliate of Party A in the course of Party A’s or such affiliate’s hedging activities related to Party A’s exposure under this Confirmation.

  • Covenants of Party B Party B hereby covenants as follows:

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