Operational and Other Covenants Sample Clauses

Operational and Other Covenants. 8 Section 4.1 Leasing and Operational Covenants..................................................... 8 Section 4.2 Other Borrower Covenants.............................................................. 11 Section 4.3 Authorized Representative............................................................. 17 Section 4.4 Health Care Matters................................................................... 18 ARTICLE V BORROWER'S REPRESENTATIONS AND WARRANTIES.......................................................... 22
Sample 1
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Operational and Other Covenants. All decisions regarding the Property, including all decisions concerning the methods, extent, timing, procedures and techniques of any: (a) exploitation, exploration, expansion, development and mining related to the Property, including spending on capital expenditures and the incurrence of any other costs or expenses; (b) milling, processing, refining or extraction; (c) materials to be introduced on or to the Property; (d) sales of Minerals and terms thereof; and (d) any decision for the Commencement of Commercial Production on the Property or to place the Property on care and maintenance or to close the Property, shall be made by the Seller in its sole discretion; provided the Seller shall carry out and performs all mining operations and activities pertaining to or in respect of the Property in a commercially reasonable manner, and in compliance in all material respects with all Applicable Laws. All Minerals that contain Reference Silver shall be sold or delivered pursuant to an Offtake Agreement on a prompt and timely basis. All Offtake Agreements shall be on commercially reasonable arm’s length terms and conditions for minerals similar in make-up and quality to Minerals, and shall include industry standard reporting and payment settlement protocols and provisions that require the delivery of Offtaker Settlement Sheets and appropriate and separate sampling and assaying so that the Seller and the applicable Offtaker, as applicable, can determine the grade and content of Reference Silver and other metals in each delivery to an Offtaker. The Seller shall maintain insurance (including business interruption insurance) with reputable insurance companies of such types and in such amounts as is customary in the case of similar operations. Commingling: The Seller may process Other Minerals through the processing facilities on the Property in priority to, or commingle Other Minerals with, Minerals, including the commingling of ore and blending of concentrates from other sources for delivery under Offtake Agreements, provided that (i) the Seller has adopted and employs commercially reasonable practices and procedures for weighing, determining moisture content, sampling and assaying and determining recovery factors (a “Commingling Plan”) to ensure the division of Other Minerals and Minerals for the purpose of determining the quantum of Refined Silver to be delivered to the Purchaser, and (ii) the Seller keeps all books, records, data, information, assays and samples...
Sample 1
Operational and Other Covenants. 6 4.1 Leasing and Operational Covenants. 6 4.2 Other Borrower Covenants. 9 4.3 Authorized Representative. 21
Sample 1
Operational and Other Covenants. 7 4.1 Leasing and Operational Covenants 7 4.2 Other Borrower Covenants 9 4.3 Authorized Representative 24 ARTICLE 5 BORROWER’S REPRESENTATIONS AND WARRANTIES 25 5.1 Borrower’s Representations and Warranties 25 ARTICLE 6 CASUALTY AND CONDEMNATION 32 6.1 Lender’s Election to Apply Insurance Proceeds on Indebtedness 32 6.2 Borrower’s Obligation to Rebuild and Use of Insurance Proceeds Therefor 33 ARTICLE 7 EVENTS OF DEFAULT AND REMEDIES 34 7.1 Events of Default 34 7.2 Remedies Conferred Upon Lender 36 ARTICLE 8 LOAN EXPENSE, COSTS AND ADVANCES 38 8.1 Loan and Administration Expenses 38 8.2 Increased Costs 38 8.3 Borrower Withholding 39
Sample 1
Operational and Other Covenants. All decisions regarding the Property, including all decisions concerning the methods, extent, timing, procedures and techniques of any: (a) exploitation, exploration, expansion, development and mining related to the Property, including spending on capital expenditures and the incurrence of any other costs or expenses; (b) milling, processing, refining or extraction; (c) materials to be introduced on or to the Property; (d) sales of Minerals and terms thereof; and (d) any decision to commence commercial production on the Property or to place the Property on care and maintenance or to close the Property, shall be made by the Seller in its sole discretion; provided the Seller shall carry out and performs all mining operations and activities pertaining to or in respect of the Property in a commercially reasonable manner, and in compliance in all material respects with all Applicable Laws. All Minerals that contain Reference Silver shall be sold or delivered pursuant to an Offtake Agreement on a prompt and timely basis. All Offtake Agreements shall be on commercially reasonable arm’s length terms and conditions for minerals similar in make-up and quality to Minerals, and shall include industry standard reporting and payment settlement protocols and provisions that require the delivery of Offtaker Settlement Sheets and appropriate and separate sampling and assaying so that the Seller and the applicable Offtaker, as applicable, can determine the grade and content of Reference Silver and other metals in each delivery to an Offtaker. The Seller shall maintain insurance (including business interruption insurance) with reputable insurance companies of such types and in such amounts as is customary in the case of similar operations.
Sample 1
Operational and Other Covenants. 16 5.1 ORGANIZATIONAL COVENANTS 16 5.2 OPERATIONAL COVENANTS 18 5.3 FINANCIAL COVENANTS 19 5.4 REGULATORY COVENANTS 19 5.5 LOAN COVENANTS 20 5.6 AUTHORIZED REPRESENTATIVE 21 5.7 CONTEST PROCEDURE 22 ARTICLE 6 BORROWER’S REPRESENTATIONS AND WARRANTIES 22 6.1 ORGANIZATIONAL REPRESENTATIONS AND WARRANTIES 22 6.2 OPERATIONAL REPRESENTATIONS AND WARRANTIES 24 6.3 FINANCIAL REPRESENTATIONS AND WARRANTIES 24 6.4 REGULATORY REPRESENTATIONS AND WARRANTIES 25 6.5 LOAN REPRESENTATIONS AND WARRANTIES 26 ARTICLE 7 ENVIRONMENTAL MATTERS 26 7.1 ENVIRONMENTAL REPRESENTATIONS AND WARRANTIES 26 7.2 ENVIRONMENTAL COVENANTS 27 7.3 ENVIRONMENTAL INDEMNITY 27 7.4 REMEDIES UPON AN ENVIRONMENTAL DEFAULT 27 7.5 UNCONDITIONAL ENVIRONMENTAL OBLIGATIONS 28 7.6 INDEMNIFICATION SEPARATE FROM THE PRE-PETITION LOAN 28 ARTICLE 8 GRANT OF SECURITY INTEREST; COLLATERAL 29 8.1 GRANT OF SECURITY INTEREST 29 8.2 AUTHORIZATION TO FILE FINANCING STATEMENTS 29 8.3 PERFECTION AND MAINTENANCE OF SECURITY INTEREST AND LIEN 29 ARTICLE 9 EVENTS OF DEFAULT AND REMEDIES 30 9.1 EVENTS OF DEFAULT 30 9.2 REMEDIES CONFERRED UPON LENDER 31 ARTICLE 10 LOAN EXPENSE, COSTS AND ADVANCES 33
Sample 1
Operational and Other Covenants 
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Related to Operational and Other Covenants

  • Financial and Other Covenants Borrower shall at all times comply with the financial and other covenants set forth in the Schedule.

  • Legal and Other Compliance The Company at its own expense, will use its best efforts to obtain any registration, qualification or approval required to sell any Securities under the laws (including U.S. state “blue sky” laws relating to broker registration and the making of notice filings) of any applicable jurisdictions (including any applicable foreign jurisdiction or any instrumentality thereof). Without limiting the generality of the foregoing, the Company represents that it is not subject to any disqualifying event as set forth in Rule 262 under the Securities Act. The Company agrees that it is responsible for compliance with the restrictions on investment amounts set out in Reg A+. The Company understands and agrees that there are compliance requirements that pertain to the Offering both on the Platform and off the Platform. The Company further understands and agrees that StartEngine does not purport to make any representation, warranty, or guarantee that any activity by the Company or StartEngine, whether through the Platform or not, is in compliance with applicable state or Federal securities laws or the rules and regulations of any self-regulatory organization. It is expressly understood that none of the services provided by StartEngine should be deemed legal advice. StartEngine makes no representation or warranties that offerings of securities on the Platform comply with state or Federal securities laws. The Company agrees that it shall consult its legal counsel to independently determine whether use of the Platform for the Offering complies with state and Federal laws, rules and regulations.

  • Stamp and other duties The Borrowers shall pay all stamp, documentary, registration or other like duties or taxes (including any duties or taxes payable by any of the Creditors) imposed on or in connection with any of the Underlying Documents, the Security Documents or the Loan and shall indemnify the Creditors or any of them against any liability arising by reason of any delay or omission by the Borrowers to pay such duties or taxes.

  • Impositions and Other Claims Each Borrower shall pay and discharge, or cause to be paid and discharged, all taxes, assessments and governmental charges levied upon it, its income and its assets and the Properties prior to delinquency, as well as all lawful claims for labor, materials and supplies or otherwise, subject to any rights to contest contained in the definition of Permitted Encumbrances. Each Borrower shall file or cause to be filed all federal, state and local tax returns and other reports that it or its subsidiaries are required by law to file. If any law or regulation applicable to Lender, any Note, any of the Mortgage Loan Collateral Properties or any of the Mortgages is enacted that deducts from the value of property for the purpose of taxation any Lien thereon, or imposes upon Lender the payment of the whole or any portion of the taxes or assessments or charges or Liens required by this Agreement to be paid by Borrower, or changes in any way the laws or regulations relating to the taxation of mortgages or security agreements or debts secured by mortgages or security agreements or the interest of the mortgagee or secured party in the property covered thereby, or the manner of collection of such taxes, so as to affect any of the Mortgages, the Indebtedness or Lender, then Borrower, upon demand by Lender, shall pay such taxes, assessments, charges or Liens, or reimburse Lender for any amounts paid by Lender. If in the opinion of Lender’s counsel it might be unlawful to require Borrower to make such payment or the making of such payment might result in the imposition of interest beyond the maximum amount permitted by applicable Law, Lender may elect to declare all of the Indebtedness to be due and payable 90 days from the giving of written notice by Lender to Borrower.

  • Utilities and Other Services 4.4.1 The Tenant shall arrange, at its own cost and expense, for the installation, connection and supply of all utilities and any other services required by it at or in relation to the Premises.

  • Covenants and Other Matters 7 Section 4.1

  • Environmental and Other Laws Except as disclosed in Section 5.11 of the Disclosure Schedule: (a) Restricted Persons are conducting their businesses in material compliance with all applicable Laws, including Environmental Laws, and have, and are in material compliance with, all licenses and permits required under any such Laws; (b) to the best of Borrower’s knowledge, none of the operations or properties of any Restricted Person is the subject of federal, state or local investigation evaluating whether any material remedial action is needed to respond to a release of any Hazardous Materials into the environment or to the improper storage or disposal (including storage or disposal at offsite locations) of any Hazardous Materials; (c) no Restricted Person (and to the best knowledge of Borrower, no other Person) has filed any notice under any Law indicating that any Restricted Person is responsible for the improper release into the environment, or the improper storage or disposal, of any material amount of any Hazardous Materials or that any material amount of any Hazardous Materials have been improperly released, or are improperly stored or disposed of, upon any property of any Restricted Person; (d) no Restricted Person has transported or arranged for the transportation of any Hazardous Material to any location that is (i) listed on the National Priorities List under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, listed for possible inclusion on such National Priorities List by the Environmental Protection Agency in its Comprehensive Environmental Response, Compensation and Liability Information System List, or listed on any similar state list or (ii) the subject of federal, state or local enforcement actions or other investigations that may lead to material claims against any Restricted Person for clean-up costs, remedial work, damages to natural resources or for personal injury claims (whether under Environmental Laws or otherwise); and (e) no Restricted Person otherwise has any known material contingent liability under any Environmental Laws or in connection with the release into the environment, or the storage or disposal, of any Hazardous Materials.

  • Organizational and Other Matters Section 2.01 The Company was formed as a limited liability company under the provisions of the Act by the filing of the Certificate with the Secretary of State of the State of Delaware on the date concurrent with the date of this Agreement. The rights and liabilities of the Sole Member shall be as provided in the Act, except as otherwise expressly provided herein. F:\USERS\jenglish\Office\ENSCO Corporate Resources LLC\LLC Agreement.12.09

  • Covenants and Other Agreements Purchaser shall have performed its covenants and agreements herein on or prior to the Closing Date in all material respects.

  • Financial and Other Information Keep adequate records and books of account with respect to its business activities, in which proper entries are made in accordance with GAAP reflecting all financial transactions; and furnish to Agent and Lenders:

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