Leases and Other Agreements. Without first obtaining on each occasion the written approval of the Collateral Agent, the Borrower shall not, except as permitted by the Credit Agreement, enter into, cancel, surrender or modify or permit the cancellation of any lease (including any equipment lease), rental agreement, management contract, franchise agreement, construction contract, technical services agreement or other contract, license or permit now or hereafter affecting the Premises, or modify any of said instruments, or accept or permit to be made, any prepayment of any installment of rent or fees thereunder; provided, however, the Borrower may take any of the foregoing actions without the consent of the Collateral Agent if the same will not cause a Material Adverse Effect. Certified copies of each such approved lease or other agreement shall be submitted to the Collateral Agent as soon as possible. The Borrower shall faithfully keep and perform, or cause to be kept and performed, in all material respects, all of the covenants, conditions, and agreements contained in each of said instruments, now or hereafter existing, on the part of the Borrower to be kept and performed (including performance of all covenants to be performed under any and all leases of the Premises or any part thereof) and shall at all times use commercially reasonable efforts to enforce, with respect to each other party to said instruments, all obligations, covenants and agreements by such other party to be performed thereunder.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Ivex Packaging Corp /De/)
Leases and Other Agreements. Without first obtaining on each occasion the written approval of the Collateral Agent, which shall not be unreasonably withheld, the Borrower shall not, except as permitted by the Credit AgreementAgreements, enter into, cancel, surrender or modify or permit the cancellation of any material lease (including any equipment lease), rental agreement, management contract, franchise agreement, construction contract, technical services agreement or other material contract, license or permit now or hereafter affecting the Premises, or modify any of said instruments, or accept or permit to be made, any prepayment (more than one month) of any installment of rent or fees thereunder; provided, however, the Borrower may take any of the foregoing actions without the consent of the Collateral Agent if the same will not cause a Material Adverse Effect. Certified copies of each such approved material lease or other material agreement shall be submitted to the Collateral Agent as soon as possible. The Borrower shall faithfully keep and perform, or cause to be kept and performed, in all material respects, all of the covenants, conditions, and agreements contained in each of said instrumentsagreements, now or hereafter existing, on the part of the Borrower to be kept and performed (including performance of all covenants to be performed under any and all leases of the Premises or any part thereof) and shall at all times use commercially reasonable efforts to enforce, with respect to each other party to said instrumentsagreements, all obligations, covenants and agreements by such other party to be performed thereunder.
Appears in 1 contract
Samples: Credit Agreement (Chattem Inc)
Leases and Other Agreements. Without first obtaining on each occasion the written approval of the Collateral Administrative Agent, the Borrower shall not, except as permitted by the Credit Agreement, enter into, cancel, surrender or modify or permit the cancellation of any material lease (including any equipment lease), rental agreement, management contract, franchise agreement, construction contract, technical services agreement or other material contract, license or permit now or hereafter affecting the Premises, or modify any of said instruments, or accept or permit to be made, any prepayment (more than one month) of any installment of rent or fees thereunder; provided, however, the Borrower may take any of the foregoing actions without the consent of the Collateral Agent if the same will not cause a Material Adverse Effect. Certified copies of each such approved material lease or other material agreement shall be submitted to the Collateral Administrative Agent as soon as possiblepromptly upon request. The Borrower shall faithfully keep and perform, or cause to be kept and performed, in all material respects, all of the covenants, conditions, and agreements contained in each of said instrumentsagreements, now or hereafter existing, on the part of the Borrower to be kept and performed (including performance of all covenants to be performed under any and all leases of the Premises or any part thereof) and shall at all times use commercially reasonable efforts to enforce, with respect to each other party to said instrumentsagreements, all obligations, covenants and agreements by such other party to be performed thereunder.
Appears in 1 contract
Samples: Credit Agreement (Knoll Inc)
Leases and Other Agreements. Without first obtaining on each occasion the written approval of the Collateral Agent, which approval shall not be unreasonably withheld, the Borrower Mortgagor shall not, except as permitted by the Credit Agreement, enter into, cancel, surrender or materially modify or permit the cancellation of any material lease (including any equipment lease), rental agreement, management contract, franchise agreement, construction contract, technical services agreement or other material contract, license or permit now or hereafter affecting the Premises, or materially modify any of said instruments, or accept or permit to be made, any prepayment (more than one month) of any installment of rent or fees thereunder; provided, however, the Borrower may take any of the foregoing actions without the consent of the Collateral Agent if the same will not cause a Material Adverse Effect. Certified copies of each such approved material lease or other material agreement not previously delivered to the Agent shall be submitted to the Collateral Agent as soon as possible. The Borrower Mortgagor shall faithfully keep and perform, or cause to be kept and performed, in all material respects, all of the covenants, conditions, and agreements contained in each of said instrumentsagreements, now or hereafter existing, on the part of the Borrower Mortgagor to be kept and performed (including performance of all covenants to be performed under any and all leases of the Premises or any part thereof) and shall at all times use commercially reasonable efforts to enforce, with respect to each other party to said instrumentsagreements, all obligations, covenants and agreements by such other party to be performed thereunder.
Appears in 1 contract
Samples: Mortgage and Security Agreement (American Medical Systems Holdings Inc)