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 Etc. Each Guarantor covenants and agrees that, at all times prior to the Termination Date, it will perform, comply with and be bound by all of the agreements to which it is a party, covenants and obligations contained in the Credit Agreement which are applicable to such Guarantor or its properties, each such agreement, covenant and obligation contained in the Credit Agreement and all other terms of the Credit Agreement to which reference is made in this Article, together with all related definitions and ancillary provisions, being hereby incorporated into this Guaranty by this reference as though specifically set forth in this Article.
Covenants Etc. Company 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 them prior to, or at, the Closing Date.
Covenants Etc. All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects.
Covenants Etc. DEEMED MATERIAL. All covenants, agreements, representations and warranties made under this Agreement and any certificates delivered pursuant to this Agreement shall be deemed to have been material and relied upon by each of the parties, notwithstanding any investigation made by them or on their behalf.
Covenants Etc. The Guarantor covenants and agrees that the Guarantor will perform the obligations set forth in this Article IV until all Obligations of each Borrower and each other Obligor have been paid in full in cash, all obligations of the Guarantor hereunder shall have been paid in full in cash, all Letters of Credit have been terminated or expired and all Commitments shall have terminated. The Guarantor shall cause its Subsidiaries to comply with and be bound by all of the agreements, covenants and obligations contained in the Credit Agreement (or other sections in any successor agreement which shall principally relate to covenants binding on such Guarantor). Except as specifically limited hereby, each such agreement, covenant and obligation contained in such Sections and all other terms of the Credit Agreement and the documents executed in connection therewith to which reference is made therein, together with all related definitions and ancillary provisions, is hereby incorporated into this Guaranty by reference as though specifically set forth in this Article IV, and each such agreement, covenant and obligation shall, for purposes hereof, survive the termination of the Credit Agreement.
Covenants Etc deemed material. All covenants, agreements, representations and warranties made under this Agreement and any certificates delivered pursuant to this Agreement shall be deemed to have been material and relied upon by each of the parties, notwithstanding any investigation made by them or on their behalf.
Covenants Etc. So long as any of the Obligations remain unsatisfied, Accentia agrees that the Covenants set forth in the Assumption Agreement remain binding upon Accentia.
Covenants Etc. The Guarantor covenants and agrees that, so long as any portion of the Obligations shall remain unpaid, any Interest Rate Agreements to which any Secured Party is a party shall remain in full force and effect or any Lender shall have any outstanding Commitment, the Guarantor shall, unless the Majority Lenders shall otherwise consent in writing,
(a) perform, comply with and be bound by all of the agreements, covenants and obligations contained in Article V of the Credit Agreement --------- which are applicable to the Guarantor or its properties, each such agreement, covenant and obligation contained in such Article and all other terms of the Credit Agreement to which reference is made therein, together with all related definitions and ancillary provisions, being hereby incorporated into this Guaranty by reference as though specifically set forth in this Article, and
(b) perform, comply with and be bound by all of the agreements, covenants and obligations contained in Article VI of the Credit Agreement ---------- which are applicable to the Guarantor or its properties, each such agreement, covenant and obligation contained in such Article and all other terms of the Credit Agreement to which reference is made therein, together with all related definitions and ancillary provisions, being hereby incorporated into this Guaranty by reference as though specifically set forth in this Article.
Covenants Etc. Executive hereby covenants, warrants and --------------- represents that (i) the execution of this Agreement and the discharge of his obligations hereunder will not breach or conflict with any other contract, agreement or understanding between Executive and any other party or parties; (ii) there are no agreements or arrangements, whether written or oral, in effect which would prevent Executive from rendering services to the Company during the term of this Agreement; (iii) Executive has not made and will not make any commitment to do any act in conflict with this Agreement; and (iv) the terms of this Agreement have been fully explained to him, that he understands the nature and extent of the rights and obligations provided under this Agreement, and that he has been given the opportunity to be represented by legal counsel in the negotiation and preparation of this Agreement. The Company hereby covenants, warrants and represents that (i) the execution of this Agreement and the discharge of its obligations hereunder will not breach or conflict with any other contract, agreement or understanding between the Company and any other party or parties; (ii) the execution and delivery of this Agreement have been duly and validly authorized by the Company; and (iii) this Agreement is binding upon and enforceable against the Company in accordance with its terms.
