Common use of New Covenants Clause in Contracts

New Covenants. On or before November 30, 2001, the Borrower and the Lender shall agree on new covenant levels for Sections 6.12, 6.13, 6.14 and 7.10 for periods after such date. The new covenant levels will be based on the Borrower’s projections for such periods and shall be no less stringent than the present levels, but if the Borrower and the Lender do not agree, the Lender may designate the required amounts in its sole discretion and the failure by the Borrower to maintain the designated amounts shall constitute an Event of Default. 26

Appears in 1 contract

Samples: Credit and Security Agreement (San Holdings Inc)

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New Covenants. On or before November 30, 20012005, the Borrower and the Lender shall agree on new covenant levels for Sections 6.12, 6.13, 6.14 6.14, 7.4(c) and 7.10 for periods after such date. The new covenant levels will be based on the Borrower’s 's projections for such periods and shall be no less stringent than the present levels, but if the Borrower and the Lender do not agree, the Lender may designate the required amounts in its sole discretion and the failure by the Borrower to maintain the designated amounts shall constitute an Event of Default. 26."

Appears in 1 contract

Samples: Deposit Account Control Agreement (San Holdings Inc)

New Covenants. On or before November 30, 20012006, the Borrower and the Lender shall agree on new covenant levels for Sections 6.12, 6.13, 6.14 6.14, 7.4(c) and 7.10 for periods after such date. The new covenant levels will be based on the Borrower’s projections for such periods and shall be no less stringent than the present levels, but if the Borrower and the Lender do not agree, the Lender may designate the required amounts in its sole discretion and the failure by the Borrower to maintain the designated amounts shall constitute an Event of Default. 26.”

Appears in 1 contract

Samples: Credit and Security Agreement (San Holdings Inc)

New Covenants. On or before November June 30, 20012002, the Borrower and the Lender shall agree on new covenant levels for Sections Section 6.12, 6.13, 6.14 Section 6.13 and Section 7.10 for periods after such date. The new covenant levels will be based on the Borrower’s 's projections for such periods and shall be no less stringent than the present levels, but if the Borrower and the Lender do not agree, the Lender may designate the required amounts in its sole discretion and the failure by the Borrower to maintain the designated amounts shall constitute an Event of Default. 26."

Appears in 1 contract

Samples: Credit and Security Agreement (Vari L Co Inc)

New Covenants. On or before November 30December 31, 2001, ------------- the Borrower and the Lender shall agree on new covenant levels for Sections 6.12, 6.13, 6.14 and 7.10 for periods after such date. The new covenant levels will be based on the Borrower’s 's projections for such periods and shall be no less stringent than the present levels, but if the Borrower and the Lender do not agree, the Lender may designate the required amounts in its sole discretion and the failure by the Borrower to maintain the designated amounts shall constitute an Event of Default. 26.

Appears in 1 contract

Samples: Credit and Security Agreement (Act Teleconferencing Inc)

New Covenants. On or before November 30, 20012004, the Borrower and the Lender shall agree on new covenant levels for Sections 6.12, 6.13, 6.14 and 7.10 for periods after such date. The new covenant levels will be based on the Borrower’s projections for such periods and shall be no less stringent than the present levels, but if the Borrower and the Lender do not agree, the Lender may designate the required amounts in its sole discretion and the failure by the Borrower to maintain the designated amounts shall constitute an Event of Default. 26.”

Appears in 1 contract

Samples: Credit and Security Agreement and Waiver of Defaults (San Holdings Inc)

New Covenants. On or before November 30December 31, 20012002, the Borrower and ------------- the Lender shall agree on new covenant levels for Sections 6.12, 6.13, 6.14 6.14, and 7.10 for periods after such date. The new covenant levels will be based on the Borrower’s 's projections for such periods and shall be no less stringent than the present levels, but if the Borrower and the Lender do not agree, the Lender may designate the required amounts in its sole discretion and the failure by the Borrower to maintain the designated amounts shall constitute an Event of Default. 26."

Appears in 1 contract

Samples: Credit and Security Agreement (Act Teleconferencing Inc)

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New Covenants. On or before November 30, 20012002, the Borrower and the Lender shall agree on new covenant levels for Sections 6.12, 6.13, 6.14 and 7.10 for periods after such date. The new covenant levels will be based on the Borrower’s projections for such periods and shall be no less stringent than the present levels, but if the Borrower and the Lender do not agree, the Lender may designate the required amounts in its sole discretion and the failure by the Borrower to maintain the designated amounts shall constitute an Event of Default. 26.”

Appears in 1 contract

Samples: Credit and Security Agreement and Waiver of Defaults (San Holdings Inc)

New Covenants. On or before November 30, 2001, the The Borrower and the Lender shall agree on new covenant levels for Sections 6.12this Section 6.2 prior to December 31, 6.13, 6.14 and 7.10 for periods after such date. The new covenant levels will be based on the Borrower’s projections for such periods and shall be no less stringent than the present levels2007, but if the Borrower and the Lender do not agree, the Lender may shall designate the required amounts in its sole discretion based on (i) the Borrower’s reasonable projections for such periods and/or (ii) the Borrower’s historical financial performance, and the failure by the Borrower to maintain the designated amounts shall constitute an Event of Default. 26.”

Appears in 1 contract

Samples: Acknowledgment and Agreement (Tradestar Services, Inc.)

New Covenants. On or before November 30, 20012007, the Borrower and the Lender shall agree on new covenant levels for Sections 6.12, 6.13, 6.14 6.14, 7.4(c) and 7.10 for periods after such date. The new covenant levels will be based on the Borrower’s projections for such periods and shall be no less stringent than the present levels, but if the Borrower and the Lender do not agree, the Lender may designate the required amounts in its sole discretion and the failure by the Borrower to maintain the designated amounts shall constitute an Event of Default. 26.”

Appears in 1 contract

Samples: Credit and Security Agreement (San Holdings Inc)

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