OPERATING AND REPORTING COVENANTS Sample Clauses

OPERATING AND REPORTING COVENANTS. Without the prior written consent of the Lenders, the Company (which term shall be deemed to include, for purposes of this Section 6, any subsidiary or subsidiaries of the Company formed after the date of this Agreement) and, solely to the extent of Sections 6.4 and 6.11, the Founders, shall comply with the following covenants, for so long as any of the Debentures or any shares of Convertible Preferred Stock remain outstanding or until the Company shall successfully complete a Qualified Public Offering, whichever occurs first:
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OPERATING AND REPORTING COVENANTS. 19 5.1 Financial Statements; Minutes 19 5.2 Budget and Strategic Plan 20 5.3 Conduct of Business 20 5.4 Payment of Taxes, Compliance with Laws, Etc. 20 5.5 Adverse Changes 20 5.6 Insurance 20 5.7 Maintenance of Properties 21 5.8 Affiliated Transactions 21 5.9 Management Compensation 21 5.10 Board of Directors; Inspection 21 5.11 Issuance of Capital Stock, Convertible Securities, Options, Warrants or Rights 23 5.12 Merger, Consolidation, Reorganization, Sale of Assets, Acquisition 23 5.13 No Amendments to Charter Documents 23 5.14 Restrictions on Other Agreements 24 5.15 Stay, Extension and Usury Laws 24 5.16 Right of Participation in Financings 24 5.17 [Intentionally Omitted] 25 5.18 Dissolution of Data I.C., Inc. 25 5.19 Transactions with Foreign Subsidiaries 25 SECTION 6. CONVERSION 25 SECTION 7. EVENTS OF DEFAULT; REMEDIES 26 7.1 Events of Default 26 7.2 Remedies on Default, Etc. 28
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OPERATING AND REPORTING COVENANTS. Without the prior written consent of the Lenders representing a majority in interest of the Debentures, the Redeemable Preferred Stock, or the Convertible Preferred Stock, as the case may be, the Company (which term shall include the Subsidiaries and shall be deemed to include, for purposes of this Section 6, any subsidiary or subsidiaries of the Company formed after the date of this Agreement) shall: (a) comply with the covenants set forth in Sections 5.1 through 5.19, for so long as any of the Debentures or any shares of Redeemable Preferred Stock remain outstanding; and (b) comply with the covenants set forth in Sections 5.10, 5.11 and 5.16 for so long as any shares of the Convertible Preferred Stock remain outstanding.
Sample 1
OPERATING AND REPORTING COVENANTS. 33 5.1 Financial Statements; Minutes...................................................................33 5.2 Existence, Foreign Qualification and Conduct of Business........................................34 5.3 Payment of Taxes, Compliance with Laws, Etc.....................................................34 5.4 Adverse Changes.................................................................................34 5.5 Insurance.......................................................................................34 5.6
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OPERATING AND REPORTING COVENANTS. The Company (which term shall be deemed to include, for purposes of this Section 5, any majority owned subsidiary or subsidiaries controlled by the Company) shall comply with the following covenants, from the date hereof and for so long as the Lenders and the Investors hold Debentures and Investor Units representing at least (i) thirty-five percent (35%) (determined on the basis of principal amount or Capital Contributions) of the Debentures and Investor Units issued at the Initial Closing and the First Subsequent Closing (ii) aggregate Non-Carry Distribution Percentages equal to or greater than fifty and one-tenth percent (50.1%) (determined on an as converted basis). Compliance with any of the following covenants may be waived, amended or modified by the prior written consent of the Consenting Holders.
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Related to OPERATING AND REPORTING COVENANTS

  • Information and Reporting Requirements 57 7.1 Financial and Business Information............................................................................. 57 7.2

  • Operating Covenants The Issuer covenants with the Indenture Trustee as follows, provided that any of the following covenants with respect to the Portfolio Railcars shall not be deemed to have been breached by virtue of any act or omission of a Lessee or sub-lessee, or of any Person which has possession of a Portfolio Railcar for the purpose of repairs, maintenance, modification or storage, or by virtue of any requisition, seizure, or confiscation of a Portfolio Railcar (other than seizure or confiscation arising from a breach by the Issuer of such covenant) (each, a “Third Party Event”), so long as (i) none of the Issuer, the Servicer or the Administrator has consented to such Third Party Event; and (ii) the Issuer (or the Servicer on its behalf) as the Lessor of such Portfolio Railcar promptly and diligently takes such commercially reasonable actions as a leading railcar operating lessor would reasonably take in respect of such Third Party Event, including, as deemed appropriate (taking into account, among other things, the laws of the jurisdiction in which such Portfolio Railcar is located or operated), seeking to compel such Lessee or other relevant Person to remedy such Third Party Event or seeking to repossess the relevant Portfolio Railcar:

  • REPORTING COVENANTS The Borrower agrees with the Lenders, the Issuers and the Administrative Agent to each of the following, as long as any Obligation or any Revolving Credit Commitment remains outstanding and, in each case, unless the Requisite Lenders otherwise consent in writing:

  • Information and Reporting The Adviser shall provide the Trust and its respective officers with such periodic reports concerning the obligations the Adviser has assumed under this Agreement as the Trust may from time to time reasonably request.

  • Basic Financial Information and Reporting (a) The Company will maintain true books and records of account in which full and correct entries will be made of all its business transactions pursuant to a system of accounting established and administered in accordance with generally accepted accounting principles consistently applied, and will set aside on its books all such proper accruals and reserves as shall be required under generally accepted accounting principles consistently applied.

  • Financial Information and Reporting (a) The Company will maintain true books and records of account in which full and correct entries will be made of all its business transactions pursuant to a system of accounting established and administered in accordance with generally accepted accounting principles consistently applied (except as noted therein or as disclosed to the recipients thereof), and will set aside on its books all such proper accruals and reserves as shall be required under generally accepted accounting principles consistently applied.

  • Inspection and Reporting Each Grantor shall permit the Collateral Agent, or any agent or representatives thereof or such attorneys, accountant or other professionals or other Persons as the Collateral Agent may designate (at Grantors’ sole cost and expense) (i) to examine and make copies of and abstracts from any Grantor’s Records and books of account, (ii) to visit and inspect its properties, (iii) to verify materials, leases, Instruments, Accounts, Inventory and other assets of any Grantor from time to time, and (iv) to conduct audits, physical counts, appraisals, valuations and/or examinations at the locations of any Grantor. Each Grantor shall also permit the Collateral Agent, or any agent or representatives thereof or such attorneys, accountants or other professionals or other Persons as the Collateral Agent may designate to discuss such Grantor’s affairs, finances and accounts with any of its directors, officers, managerial employees, attorneys, independent accountants or any of its other representatives. Without limiting the foregoing, the Collateral Agent may, at any time, in the Collateral Agent’s own name, in the name of a nominee of the Collateral Agent, or in the name of any Grantor communicate (by mail, telephone, facsimile or otherwise) with the Account Debtors of such Grantor, parties to contracts with such Grantor and/or obligors in respect of Instruments or Pledged Debt of such Grantor to verify with such Persons, to the Collateral Agent’s satisfaction, the existence, amount, terms of, and any other matter relating to, Accounts, Instruments, Pledged Debt, Chattel Paper, payment intangibles and/or other receivables.

  • Monitoring and Reporting Monitoring shareholder transactions and identifying and reporting suspicious activities that are required to be so identified and reported, including suspicious activity reports or Form 8300 reports, and provide other reports of shareholder activity to the Securities and Exchange Commission, the U.S. Treasury Department, the Internal Revenue Service, and other appropriate authorities, in each case consistent with the Unified AML Program.

  • Accounting and Reports (a) The Fund shall adopt for tax accounting purposes any accounting method that the Board of Managers shall decide in its sole discretion is in the best interests of the Fund. The Fund's accounts shall be maintained in U.S. currency.

  • Accounting and Reporting SECTION 7.1 LESSEE agrees to furnish to KCS audited copies of the financial reports of Watco Companies, Inc. or any company which directly or indirectly owns a majority interest in LESSEE audited by an independent accounting firm on an annual basis on or before May 1 of each year for the term of this lease. Copies of unaudited financial reports pertaining to LESSEE and the Leased Premises prepared in the normal course of LESSEE’s business shall be provided to Lessor on a quarterly basis. KCS shall take the same precautions to protect the confidentiality of non-public financial information provided under this Section that it uses to protect its own confidential non-public financial information.

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