OBLIGATIONS TO PERFORM Clause Samples
OBLIGATIONS TO PERFORM. Pending the submission to arbitration and thereafter until the arbitrators make their award the parties hereto shall continue to perform their obligations hereunder without prejudice to a final adjustment in accordance with the award made by the arbitrators, and the parties hereto shall have full recourse to the courts to enforce their rights under this Section 8.5, it being expressly agreed that nothing in Article 8, or otherwise, is intended to, or shall, operate to deprive any court of competent jurisdiction of its full power and authority to grant appropriate relief by way of injunction or restraining order or otherwise, in accordance with the principles of statutes or common law or equity prevailing in such jurisdiction, to require the parties hereto to continue to perform their obligations under this Agreement in furtherance of the objectives and purposes of this Section 8.5, it being expressly agreed that any controversy regarding such performance of any such obligations hereunder pending resolution of any other dispute arising under this Agreement is not arbitrable.
OBLIGATIONS TO PERFORM. Clause 48. ▇▇▇▇▇▇▇’▇ and/or FUNDAÇÃO RENOVA’S OBLIGATIONS TO PERFORM related to the COLLAPSE are redefined in this AGREEMENT, according to the criteria and adjustments contained therein and in their respective ANNEXES. Clause 49. As provided for in Clause 1, paragraph six, the OBLIGATIONS TO PERFORM provided for in this AGREEMENT fully replace all the obligations to perform provided for in the agreements that are related to the COLLAPSE and its impacts, so that SAMARCO and/or FUNDAÇÃO RENOVA will not remain obliged to carry out any of the actions previously established and which have not yet been fulfilled, unless otherwise established in this AGREEMENT. First Paragraph. ▇▇▇▇▇▇▇’▇ and/or FUNDAÇÃO RENOVA’S OBLIGATIONS TO PERFORM are governed by clear, objective and measurable delivery indicators and milestones, defined in this AGREEMENT and its ANNEXES, based on Brazilian legislation and applicable Brazilian technical standards, which shall be deemed to have been fully complied with by achieving the respective objective delivery milestones, targets and indicators, as determined by GOVERNANCE, in accordance with this AGREEMENT.
OBLIGATIONS TO PERFORM. During all the time in which this Agreement is in full force and effect and as long as any sum owed and/or recognized under the same on any concept or grounds is pending of payment, the Debtor agrees to perform all the acts and activities indicated as follows:
OBLIGATIONS TO PERFORM. The Borrower undertakes to the Bank specifically, while any amount under the Agreement remains outstanding, the following positive obligations or obligations to perform (unless otherwise authorized by the Bank in express written form):
(a) To provide the Bank with the following documentation:
(i) Annual audited financial statements within one hundred twenty (120) calendar days following the close of each fiscal year.
(ii) Quarterly financial statements within forty-five (45) calendar days following March 31, June 30, September 30, and December 31 of each year during the term of the Agreement.
(iii) The Compliance Certificate regarding the Obligations to Perform, Non-Performance Obligations, and Financial Obligations in the format attached in Annex V, within forty-five (45) calendar days following March 31, June 30, September 30, and December 31 of each year during the term of the Agreement.
(b) To inform the Bank within a maximum period of three (3) Business Days of the occurrence of the following:
(i) Any action or proceeding or attachment or seizure over any of its assets, or its existing and future income flows, before any judicial or arbitral court, or before any administrative or municipal entity that generates a Material Adverse Effect.
(ii) If it has been initiated or has become aware that it is about to be initiated any bankruptcy or insolvency proceeding or that it has incurred in a case that merits a request to commence bankruptcy or other insolvency process before INDECOPI.
(iii) Any event that could have a Material Adverse Effect.
(iv) The occurrence of one or more Events of Default and/or a situation in which the Representations and Warranties contained in Clause 4.01 of this Agreement cease to be true or accurate.
(v) The early termination or acceleration of terms and the enforceability of its obligations under: (x) one or more of its Agreements entered with third parties that may have a Material Adverse Effect, and/or (y) one or more Lease Agreements.
(c) To keep its books and accounting records in accordance with IFRS.
(d) To comply with all obligations contained in current legal regulations and contractual provisions applicable to it, including those related to Taxes, social security, labor and pension regime, environment, and in general any applicable legal provision, as well as the requirements of Governmental Authorities, except for those obligations whose non-compliance does not generate a Material Adverse Effect.
(e) To comply with al...
OBLIGATIONS TO PERFORM. Notwithstanding the assignment referred to in Clause 3.1 (Assignment), the Company remains liable to perform the obligations imposed on it under or in respect of the Onshore Insurance Policies and neither the Security Agent nor any of the other Secured Parties is liable to perform any of such obligations nor liable for the consequences of non-performance.
OBLIGATIONS TO PERFORM. Clause 48. The OBLIGATIONS TO PERFORM of ▇▇▇▇▇▇▇ and/or the RENOVA FOUNDATION related to the DAM FAILURE are redefined in this AGREEMENT, according to the criteria and adjustments contained herein, as well as in its respective ANNEXES.
OBLIGATIONS TO PERFORM. Clause 2. The provisions set forth in this Chapter constitute OBLIGATIONS TO PERFORM of the PROMISEE and/or FUNDAÇÃO RENOVA. Clause 3. The GOVERNANCE of the OBLIGATIONS TO PERFORM this Chapter will be the responsibility of the State Committee of Minas Gerais, as provided for in Clauses 58 and 61 of the GENERAL CONDITIONS of this AGREEMENT.
Section I ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and Paracatu de Baixo resettlements: conclusion, schedule, monitoring, inspection and sanctions