Obligations of the Borrower. 13 Section 3.01.
Obligations of the Borrower. Until payment in full of the Loan, the Borrower agrees to the following:
Obligations of the Borrower. (a) Provided that the Hermes Insurance Policy complies with Section 11.13.1, the Borrower shall pay (a) the First Fee to the Hermes Agent or Hermes on demand following the issue of the Hermes Insurance Policy and (b) the Second Fee to the Hermes Agent or Hermes on the First Disbursement Date. In each case, if received by the Hermes Agent, the Hermes Agent shall pay such amount to Hermes.
(b) Provided that the Hermes Insurance Policy complies with Section 11.13.1, the Borrower shall pay to the Hermes Agent or Hermes an issue fee of EUR 12,500 for the issue of the Hermes Insurance Policy on demand following issue of the Hermes Insurance Policy.
Obligations of the Borrower. 1. The following obligations are general obligations and their violation constitutes a case of loan default. The borrower is obliged to:
1.1. To pay the loan on time and without any delay, in accordance with the Payment Plan;
1.2. Provide a payment receipt for the use of the loan.
1.3. To use the loan funds only for the purpose specified in this agreement;
1.4. To immediately inform the Xxxxxx in case of circumstances that may negatively affect his/her ability to pay the loan in a regular manner;
1.5. Not to enter into any credit agreement with any other institution, which may reduce his/her financial capacity to such an extent as to endanger the timely payment of this loan.
1.6. Any other obligation arising from this agreement, or the laws and regulations applicable in the Republic of Kosovo.
2. None of the aforementioned points release the Borrower from all other obligations provided for in this agreement and the laws and regulations applicable in the Republic of Kosovo.
Obligations of the Borrower at any time it is unlawful for the Borrower to perform any of its material obligations under the Transaction Documents, or to own its material assets or to carry on its business in materially the same fashion as contemplated in the Financing Documents and such condition continues for period of sixty (60) days;
Obligations of the Borrower. Whenever required to effect the registration of any Registrable Securities under this Agreement, the Borrower will, as expeditiously as reasonably possible:
(i) Prepare and file with the SEC a registration statement with respect to such Registrable Securities and use its best efforts to cause such registration statement to become effective, and, upon the request of the Holders of a majority of the Registrable Securities registered thereunder, keep such registration statement effective for up to ninety (90) days;
(ii) Prepare and file with the SEC such amendments and supplements to such registration statement and the prospectus used in connection with such registration statement as may be necessary to comply with the provisions of the 1933 Act with respect to the disposition of all securities covered by such registration statement;
(iii) Furnish to the Holders such number of copies of a prospectus including a preliminary prospectus, in conformity with the requirements of the 1933 Act, and such other documents as they may reasonably request in order to facilitate the disposition of the Registrable Securities owned by them that are included in such registration;
(iv) Use its good faith and diligent efforts to register and qualify the securities covered by such registration statement under such other securities or Blue Sky laws of such jurisdictions as will be reasonably requested by the Holders, provided the Borrower will not be required in connection therewith or as a condition thereto to qualify to do business or to file a general consent to service of process in any such states or jurisdictions, unless already conducting business therein; and
(v) In the event of any underwritten public offering, enter into and perform its obligations under an underwriting agreement, in usual and customary form, with the managing underwriter(s) of such offering (it being understood and agreed, as a condition to the Borrower’s obligations under this clause (v), each Holder participating in such underwriting will also enter into and perform its obligations under such an underwriting or underwriter’s agreement).
Obligations of the Borrower. 1. To accurately and faithfully provide the documents and materials which have been required by the Lender, and all information concerning the account opening bank, account number and the balance of deposits and loans, and cooperate with the Lender in investigations, examinations and inspections;
2. To accept the supervision of the Lender concerning its usage of loan and relevant production, operation and financial activities. When the loan hereunder is used for project construction, cooperate in the Lender’s supervision and inspection on the project and timely take appropriate disposition measures concerning the suggestions and requirements put forward by the Lender;
3. The Borrower shall use the loan for the purpose as agreed hereunder, and shall not misappropriate such loan for other purpose, such as in stock investment, in speculation of marketable securities, futures and real estates, etc. The Borrower shall not use such loan to participate in inter-enterprise debit and credit activities and other illegal activities restricted by the State, nor divert or misappropriate the loan by other means;
4. The Borrower shall fully repay the principal and interest of the loan on schedule according to this Contract;
5. Without the prior written consent of the Lender, the Borrower shall not transfer whole or part of the debt hereunder to any third party;
6. The Borrower shall bear all expenses relating to this Contract, including without limitation the fees of notarization, appraisal, valuation, registration and the expenses for the Lender to realize its Creditor’s Right;
7. The Borrower shall not reduce its registered capital by any means;
8. In case of the occurrence of any of the following circumstances, the Borrower shall procure a prior written consent from the Lender, and as required by the Lender, actively implement safeguard measures for making timely and full repayment for the principal and interest of the loan and other fees hereunder, otherwise, the Borrower shall be deemed as breaching this Contract, and the Lender shall be entitled to recover the loan according to Article 11 hereof or take other measures:
(1) The total amount of loan from banks and other third parties exceeds RMB / , or the total amount of debts exceeds RMB / , or the total amount of loan provided to third parties exceeds RMB / , or the total amount of security provided for the debts of third parties exceeds RMB / ;
(2) Alteration of material assets and property rights, and adjustment...
Obligations of the Borrower. The borrower is obliged:
a. To use the goods only for his studies/scientific purposes, not for private purposes;
b. To use the goods only in accordance with the available manual;
c. To store and maintain the goods with due care and attention;
d. Not to make any changes to the goods;
e. When the goods are transported to a location outside the University of Twente, but within Europe, to transport the goods in a properly sealed vehicle and to store the goods at a properly locked facility;
f. To ensure that the goods are at all times supervised and stored safely, as well as the data obtained, in accordance with the prevailing privacy guidelines and the guidelines of the ethical committee of the faculty where the borrower studies or works;
g. To grant persons who work for BMS Lab access to the goods at all times;
h. To lend the goods and make them available to third parties only with the prior written consent of BMS Lab.
Obligations of the Borrower. Borrowers agree to pay to Bank in connection with each Letter of Credit issued hereunder:
(a) immediately upon the demand of Bank, the amount paid by Bank with respect to such Letter of Credit;
(b) immediately upon demand of Bank, the amount of any draft presented purporting to be drawn under such Letter of Credit provided that the draft and accompanying documents conform to the terms of the Letter of Credit but subject to the terms of Paragraph 2A.7 and any other amounts paid thereunder (it being understood that Bank is not required to make demand upon or proceed against any other party or to resort to any Collateral before obtaining payment from Borrowers);
(c) quarterly in arrears on the last Business Day of each March, June, September and December, a fee calculated on the average outstanding amount of all documentary and standby Letters of Credit for such period at a rate per annum equal to one and one-eighth of one percent (1 1/8%) together with any Letter of Credit fees customarily charged by Bank;
(d) interest on any Indebtedness outstanding with respect to such Letter of Credit, whether for funds paid on drafts on such Letter of Credit or otherwise (but such indebtedness shall not include undrawn balances of such Letter of Credit issued hereunder) at the rate set forth in Paragraph 2.5
(a) (i)(A) hereof from the date of payment by Bank (if not reimbursed by Borrowers on the same day) to the date one (1) Business Day after notice to Borrowers of such payment, and thereafter at the rate applicable to Portions bearing interest based on the Base Rate under Paragraph 2.5(a)(ii) hereof; interest under this subparagraph (d) shall be paid at the times and in the manner set forth in Paragraph 2.5 hereof, and shall accrue on amounts paid on a Letter of Credit (if not reimbursed by Borrowers on the same day) from the date of payment by Bank, whether or not demand is made, until such amounts are reimbursed by Borrowers whether before, at or after demand.
(e) On or before the Termination Date, in the absence of a Default or Event of Default at such time, and subject to the provisions of Paragraph 2.6 hereof, Bank hereby agrees to advance funds to Borrowers under the Loan to make the payments required under Paragraphs 2A.4(a) and (b) hereof. If any payment by Bank of a draft drawn under a Letter of Credit is for any reason (including without limitation the occurrence or continuation of a Default or Event of Default hereunder) not reimbursed prior to or on the da...
Obligations of the Borrower. 6.1. The Borrower undertakes:
6.1.1. To pledge the assets specified in the Special Terms and Conditions of the FinoMark Loan Agreement under the mortgage and/or pledge agreements, in order to ensure the conclusion of surety agreements specified in the Special Terms and Conditions of the Loan Agreement, as well as to provide other security measures at the Operator's request;
6.1.2. Conclude an insurance contract for FinoMark's mortgaged property (excluding the land plot) with an insurance company acceptable to FinoMark, according to which the beneficiary would be FinoMark and the sum insured would not be less than the maximum mortgage amount. The pledged property must be insured continuously for the entire term of the Loan Agreement and until the full fulfilment of obligations under this Agreement under the same conditions as on the day of concluding the Loan Agreement;
6.1.3. To use the received Loan only in accordance with the intended purpose provided for in the Special Terms and Conditions of the Loan Agreement, to submit documents and a report on the use of the Loan at the request of the Operator. If the Borrower uses the Loan for a purpose other than the intended purpose, FinoMark shall have the right to demand early repayment of the Loan, Interest and the Monthly Administration Fee for the entire term provided in the Loan Agreement (Payment Period) and other amounts accrued under this Agreement. Interest and the Monthly Administration Fee for the entire term provided for in the Loan Agreement (Payment Period) shall be considered as minimum losses of the Investors and the Operator arising from improper performance of the Loan Agreement and use of the Loan;
6.1.4. To repay the Loan, pay the Interest on the use of the Loan and the Monthly Administration Fee and other payments in accordance with the obligations of the Borrower by the deadline provided in the Loan Repayment Schedule;
6.1.5. To make payments within the terms specified in the Payment Schedule;
6.1.6. In the event of non-repayment of the Loan or a part thereof in accordance with the Payment Schedule, to pay Interest on Delay and other payments to FinoMark and the Lenders in accordance with this Agreement;
6.1.7. Not to provide sureties and guarantees, not to pledge own property to third parties, and not to restrict the property pledged with Encumbrances without the permission of the Operator;
6.1.8. Prior to the granting of the Loan, to provide FinoMark with all information on all valid obli...
