Default, etc. In addition to all other rights of the Issuer granted herein, in the Note, or otherwise by law, the Issuer shall have the right to specifically enforce the performance and observation by the Company of any of its obligations, agreements or covenants under this Agreement or under the Note and may take any actions at law or in equity to collect any payments due or to obtain other remedies. If the Company shall default under any provisions of this Agreement or in any payment under this Agreement or the Note, and the Issuer shall employ attorneys or incur other expenses for the collection of payments due or for the enforcement of the performance or observation of any obligation or agreement on the part of the Company contained herein or therein, the Company will on demand therefor reimburse the reasonable fees of such attorneys and such reasonable expenses so incurred.
Default, etc. On the Effective Date (both before and after giving effect to the occurrence of the Effective Date) there shall exist no Default or Event of Default and all representations and warranties made by the Loan Parties herein or in the other Loan Documents or otherwise by the Loan Parties in writing in connection herewith or therewith shall be true and correct in all material respects with the same effect as though such representations and warranties have been made at and as of such time.
Default, etc. As of the Amendment Effective Date, (a) there shall exist no Default or Event of Default, (b) all representations and warranties made by the Borrower and Holding in this Amendment, the Agreement or in the other Loan Documents or otherwise made by the Borrower or Holding in writing in connection herewith or therewith shall be true and correct in all respects with the same effect as though such representations and warranties had been made at and as of such time except to the extent such representations and warranties were made only as of a specific date, and (c) each of the Borrower and Holding shall have performed all obligations and agreements and complied with all covenants and conditions required by this Amendment, the Agreement and the other Loan Documents to be performed or complied with by it prior to or as of such time.
Default, etc. On the date of such Loan (and after giving effect to the Loans made on such date), there shall exist no Default or Event of Default and all representations and warranties made by the Borrower herein or in the other Loan Documents or otherwise by the Borrower in writing in connection herewith or therewith shall be true and correct in all material respects with the same effect as though such representations and warranties have been made at and as of such time.
Default, etc. The Issuer shall have performed and complied with all agreements and conditions contained in the Note Documents required to be performed or complied with by it prior to or at such Third Amendment Effective Date and after giving effect to the issue and sale of the Notes and the effect of the limited covenant waivers contained herein, no Default, Event of Default or Material Adverse Effect shall have occurred and be continuing.
Default, etc. The Enterprise is not in default in the performance, observance, or fulfillment of any of the obligations, covenants or conditions contained in any Financing Document or other ordinance, resolution, agreement or instrument to which it is a party which would have a material adverse effect on the ability of the Enterprise to perform its obligations hereunder or under the other Financing Documents, or which would affect the enforceability hereof or thereof.
Default, etc. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing, no Default, Event of Default or Material Adverse Effect shall have occurred and be continuing and the Company shall be in compliance with the Reserve Ratio.
Default, etc. At the date of the Advance, no Default or Event of Default shall have occurred and be continuing or will have occurred as the result of the making of the Advance; and the representations and warranties of Borrower in Article 5 shall be true on and as of such date with the same force and effect as if made on and as of such date.
Default, etc. BY CONTRACTORS The Construction Contractor, the Mining Contractor, any Power Contractor, the Refiner or RRL shall default in a manner likely to have a Materially Adverse Effect in the performance of any of its material obligations under the Construction Contract, the Mining Contract, the Power Contract, the Refining Contract or the Management Contract, respectively, and such person shall not have remedied such default within the time prescribed under the relevant contract, or the Borrower shall terminate the services of either the Construction Contractor, the Mining Contractor, any Power Contractor, the Refiner or RRL; PROVIDED, HOWEVER, that in the event that either the Construction Contractor, the Mining Contractor, any Power Contractor or the Refiner shall be so unable to perform such obligations (but not, for the avoidance of doubt, in the event that the Borrower shall have so terminated the services of such person) then no Event of Default shall be deemed to have occurred pursuant to this Clause if the Borrower shall have appointed a substitute Construction Contractor, Mining Contractor, Power Contractor or Refiner, as the case may be, of international repute and of at least equivalent credit standing or the Borrower shall be developing the Mine on an interim basis in a manner which will enable the Mine to be developed and constructed as contemplated by the Development Plan and shall have made provision for the appointment of a substitute Construction Contractor, Mining Contractor, Power Contractor or Refiner, as the case may be, acceptable to the Required Lenders in their reasonable discretion within thirty (30) days (or, in the case of any such event occurring prior to the RRL Guarantee Release Date, sixty (60) days) of the occurrence of such inability to perform or termination.
Default, etc. In addition to all other rights of the Issuer granted herein, in the Note, or otherwise by law, the Issuer shall have the right to specifically enforce the performance and observation by the Company of any of its obligations, agreements or covenants under this Agreement or under the Note and may take any actions at law or in equity to collect any payments due or to obtain other remedies. If the Company shall default under any provisions of this Agreement or in any payment under this Agreement or the Note, and the Issuer shall employ attorneys or incur other expenses for the collection of payments due or for the enforcement of the performance or observation of any obligation or agreement on the part of the Company contained herein or therein, the Company will on demand therefor reimburse the reasonable fees of such attorneys and such reasonable expenses so incurred. Notwithstanding anything herein to the contrary, the Issuer is not obligated to take any action that in its opinion will, or might, cause it to expend time or money or otherwise incur liability unless and until a satisfactory indemnity bond has been furnished to the Issuer at no cost or expense to the Issuer.
