LENDER’S COVENANTS. Each Lender, and each subsequent holder of any Note, agrees with the Borrower and each Protected Party that, until the Termination Date shall have occurred, it will not dispose of the Notes to be purchased by it or any interest therein (including, without limitation, any transfer by a change in the capacity in which such Lender holds its investment in such Notes) to any Person unless and until such Person shall (i) make all warranties and representations of such Lender contained in Section 6.02 and (ii) assume all covenants of such Lender contained in this Section 8. Each Lender acknowledges that any assignment made in breach of Section 11.03 shall be null and void.
LENDER’S COVENANTS. LOAN: Lender shall, in accordance with the terms and conditions of the Grant Agreement, make this Loan to Borrower.
LENDER’S COVENANTS. A. LOAN: Lender and/or its assigns shall, in accordance with the terms and conditions of the Loan Agreement, make this Loan to Borrower.
LENDER’S COVENANTS. The Lenders covenant and agree with the Borrower that, from and after the date of this Security Agreement until the Obligations are performed or paid in full, the Lenders’ security interest in the Collateral shall be subordinate, and the Lenders’ shall take all such reasonable actions to make their security interests in the Collateral subordinate to any future security interest or interests in the Collateral which qualify as Permitted Liens. Upon the full payment or conversion of all amounts due under or arising in connection with the Notes, each Lender agrees to use its best efforts to cause the prompt termination of any outstanding financing statements and other similar instruments.
LENDER’S COVENANTS. If, and to the extent, requested by the holder of the first lien on the assets secured by the Mortgage and Security Agreement (the "First Lienholder"), the Lender hereby agrees to enter into a subordination and inter-creditor agreement with such First Lienholder and shall reasonably cooperate with the First Lienholder in the negotiation, preparation and execution of any such agreement.
LENDER’S COVENANTS. If any lender of a Companion Loan declares a Companion Loan to be in Default, the Lender hereunder and all Companion Loan lenders shall join in the action taken to obtain the remedy elected by the lender initiating such action. Each lender shall pay a prorata portion of the expenses of enforcing the Total Loan obligation. Once any action for collection against the Borrower, the Guarantor or the Collateral has been commenced, the lenders of the Total Loan shall take action as determined by majority vote of all lenders of the Total Loan.
LENDER’S COVENANTS. Lender promises:
A. To provide funding of the loan funds promptly upon the satisfactory execution of this Loan Agreement, the Ancillary Agreements, and any other documents necessary for the completion of this transaction.
B. To provide within a reasonable time a proper and satisfactory release of it security interest in the Collateral upon its receipt of full payment or principal and accrued interest as specified in this Loan Agreement and the Ancillary Agreements.
LENDER’S COVENANTS. Each Lender, and each subsequent holder of any Note, agrees with the Borrower and each Protected Party that, until the Termination Date shall have occurred, it will not dispose of the Notes to be purchased by it or any interest therein (including, without limitation, any transfer by a change in the capacity in which such Lender holds its investment in such Notes) to any Person unless such Person shall (A) make all warranties and representations of such Lender contained in Section 6.02 and (B) assume all covenants of such Lender contained in this Article VIII.
LENDER’S COVENANTS. The Lender hereby covenants and agrees with the Participant that:
(a) Lender shall furnish or cause to be furnished to the Participant:
(i) As soon as available and in any event within ninety (90) days after the end of each fiscal year of the Lender, a statement of income, changes in partners' capital and cash flow for such year and the related statement of financial condition as at the end of such year of the Lender, as applicable, setting forth in each case in comparative form the figures for the previous fiscal year (to the extent such figures are available), all in reasonable detail, in accordance with GAAP, consistently applied, and certified by the president or chief financial officer of the General Partner that, to the best of such officer's knowledge, they are complete and correct and present fairly the financial condition as at the end of such fiscal year, and the results of operations for such fiscal year, of the Lender, in accordance with GAAP, consistently applied; (ii) As soon as available and in any event within forty-five (45) days after the end of each fiscal quarter of the Lender, a statement of operations, changes in partners' capital and cash flow for such quarter and for the portion of the fiscal year ended of the Lender, all in reasonable detail and certified by the president or chief financial officer of the General Partner that, to the best of such officer's knowledge, they are complete and correct and present fairly the financial condition as at the end of such quarter, and the results of operations for such quarter and such portion of the fiscal year, of the Lender, in accordance with GAAP, consistently applied, subject to normal year-end adjustments.
LENDER’S COVENANTS. Each Lender severally agrees that it will not make any future advances pursuant hereto (other than those in the nature of remedial advances) without DAP's or a Lessee's consent (it being understood that (i) the delivery of a Funding Request constitutes such consent, (ii) DAP has consented to the capitalization of interest and yield pursuant to Section 2.3(c) and (iii) nothing set forth in Section 5.25 shall abrogate the Construction Agent's duties under the Construction Agency Agreement). In the event that a Loan Event of Default occurs and is continuing at a time when no Event of Default has occurred and is continuing, the Agent shall promptly give DAP notice thereof, and the Lenders shall not exercise remedies pursuant to the Loan Agreement if such Loan Event of Default is capable of being cured, unless thirty (30) days or more has elapsed since the date of the notice from the Agent to DAP thereof and DAP has not cured such Loan Event of Default, or caused such Loan Event of Default to be cured.
