OBLIGATIONS OF THE BORROWER AND THE GUARANTOR Sample Clauses

OBLIGATIONS OF THE BORROWER AND THE GUARANTOR. The BORROWER and, as the case may be, the GUARANTOR, shall undertake to perform the following obligations throughout the life of the Loan: 1.- The BORROWER shall maintain this Loan and the rights deriving herefrom for the LENDERS with at least the same preferences, privileges and rank as those that derive or that may derive for other creditors of the BORROWER. 2.- The BORROWER and the GUARANTOR shall furnish the LENDERS, through the AGENT, sufficient copies, during the effect of this Agreement, of the following documents: (i) As soon as these are available, but in all events within the 6 months following the close of their financial years, sufficient copies of the audit report and annual accounts of the BORROWER and the GUARANTOR, proposals made by the auditors for that financial year approved or otherwise by their General Shareholders' Meetings. (ii) As soon as these are available, but in all events before 15 February and 15 August of each year, the Balance Sheet and Profit and Loss Account and Cash Flow calculation closed at 31 December and 30 June of the BORROWER, using the same accounting standards as those used for the preparation of annual accounts and including the Debt Ratio and the Annual Debt Service Coverage Ratio calculations contrasted by their auditors. 3.- The BORROWER and the GUARANTOR shall send the AGENT, within Fifteen (15) days, unless other periods are specifically established in this Agreement, financial o technical information on the BORROWER or the GUARANTOR that may affect their financial capacity, solvency, commercial activity and which may reasonably be requested by the AGENT or by any LENDER through the AGENT. 30 <PAGE> [Stamp with the mention: `WITH MY MEDIATION In the terms shown in the certificate of mediation.'] [Handwritten signature] [31/186] 4.- The BORROWER shall notify the AGENT of the existence of any circumstance which, in accordance with the provisions of Clause TWENTY-ONE, could represent a cause for Termination of the Agreement and Early Maturity of the Loan. 5.- The BORROWER shall undertake not to abalienate or transfer in any way, property or elements that make up its assets and not to xxxxx xxxxx or guarantees, regardless of their nature, nor to make investments in assets, regardless of their nature, without obtaining the prior authorisation of the LENDERS, with the exception of transfer of the Vessel under a Sale Agreement in terms acceptable to the AGENT insofar as this may be necessary to develop a financing ...
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OBLIGATIONS OF THE BORROWER AND THE GUARANTOR. The BORROWER and, as the case may be, the GUARANTOR, shall undertake to perform the following obligations throughout the life of the Loan:
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OBLIGATIONS OF THE BORROWER AND THE GUARANTOR. Any amount due to the Recipient which would otherwise have been discharged as described in Clause 15.1 will be treated as not having been discharged to the extent of an amount which is or will be payable under Clause 15.4 as a result but shall instead be treated as discharging amounts due to the recipients of the distribution pursuant to Clause 15.6 of such amount. Accordingly each of the Borrower and the Guarantor agrees to pay this amount to the Recipient as if it had not been discharged. This payment is required to be made whether or not the Agent has issued a determination under Clause 15.2.
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OBLIGATIONS OF THE BORROWER AND THE GUARANTOR 
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Related to OBLIGATIONS OF THE BORROWER AND THE GUARANTOR

  • Obligations of the Borrower 13 Section 3.01.

  • Agreements of the Company and the Guarantors The Company and the Guarantors, jointly and severally, agree with each of the Initial Purchasers as follows:

  • Further Agreements of the Company and the Guarantors The Company and each of the Guarantors jointly and severally covenant and agree with each Initial Purchaser that:

  • Guarantors So long as any Registrable Notes remain outstanding, the Issuers shall cause each Person that becomes a guarantor of the Notes under the Indenture to execute and deliver a counterpart to this Agreement which subjects such Person to the provisions of this Agreement as a Guarantor. Each of the Guarantors agrees to join the Company in all of its undertakings hereunder to effect the Exchange Offer for the Exchange Notes and the filing of any Shelf Registration Statement required hereunder.

  • Reimbursement Obligations of the Borrower The Borrower agrees to pay to the L/C Issuer of any Letter of Credit each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower receives notice from such L/C Issuer that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (i) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation not repaid by the Borrower as provided in this clause (e) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower with interest thereon computed (i) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (ii) thereafter until payment in full, at the interest rate applicable during such period to past due Revolving Loans that are Base Rate Loans.

  • Continuing Obligations of the Grantors Each Grantor shall remain liable to observe and perform all the conditions and obligations to be observed and performed by it under each contract, agreement or instrument relating to the Collateral, all in accordance with the terms and conditions thereof, and each Grantor jointly and severally agrees to indemnify and hold harmless the Collateral Agent and the Secured Parties from and against any and all liability for such performance.

  • Consent of the Guarantors Each Guarantor hereby consents, acknowledges and agrees to the amendments and other matters set forth herein and hereby confirms and ratifies in all respects the Guaranty to which it is a party (including without limitation the continuation of each Guarantor’s payment and performance obligations thereunder upon and after the effectiveness of this Amendment and the amendments, waivers and consents contemplated hereby) and the enforceability of the applicable Guaranty against the applicable Guarantor in accordance with its terms.

  • OBLIGATIONS OF BORROWER Until payment in full of all Loan Facility Obligations and termination of the Loan Documents, Borrower agrees as follows:

  • Reaffirmation of Credit Party Obligations Each Credit Party hereby ratifies the Credit Agreement and acknowledges and reaffirms (a) that it is bound by all terms of the Credit Agreement applicable to it and (b) that it is responsible for the observance and full performance of its respective Credit Party Obligations.

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