OTHER COVENANT. The Borrower covenants not to provide any financial support by guarantee, pledge of its shares, granting of a security interest or other mortgage, charge, lien or encumbrance of any kind, or otherwise to an affiliate (as such term is defined in the Business Corporations Act (Alberta)) without the prior written consent of CIBC, in its sole discretion. UNDERTAKING: Upon request, the Borrower agrees to provide CIBC with such additional security that in CIBC's reasonable opinion is required to cover its or PLC's contingent exposure and all indebtedness under the Swap Facility, including without limitation, an acknowledgement and amending agreement and such other documentation as CIBC may request to confirm that the Security held by CIBC as at date hereof secures such contingent exposure and indebtedness to PLC and to amend the Security accordingly.
OTHER COVENANT. 18.01 It is expressly agreed and understood that in case of irreconcilable conflict between the provisions of this Contract and the provisions of any of the contract documents, the former shall be controlling.
18.02 It should also be clearly understood that any payment or failure of the PPA to demand compliance with any of the terms and conditions of this Contract or any act of liberality on the part of the PPA shall not be construed or considered as a waiver on the part of the PPA for the enforcement of this Contract. Nor shall it relieve the CONTRACTOR of any of its obligations provided thereunder.
18.03 Under no circumstances shall the PPA be held liable for the payment of any extra work, or extra cost of work, change of work, or change order undertaken without the prior written approval of the PPA to perform said work.
18.04 Notwithstanding any provision to the contrary, the PPA has the right to terminate, cancel and/or rescind this contract motu proprio, in case of breach thereof by the CONTRACTOR, without need of judicial action by giving at least Ten (10) days written Notice to that effect to the CONTRACTOR, which notice shall be final and binding on all the parties. In such event, the PPA may take over and continue the project, and the contracts and agreements entered into by the CONTRACTOR with third parties, which the PPA in its discretion, may want to assume are hereby conclusively deemed assigned to PPA. For this purpose, the CONTRACTOR hereby agrees and obligates itself to incorporate or cause to be incorporated in any contract or agreement with third parties, as same is connected with or related to the performance of any or all of the CONTRACTOR’s obligations and undertakings hereunder, a stipulation providing for its assignability to and assumption by the PPA, at the option of the PPA. It is further agreed and understood that upon receipt of the Notice mentioned above, the CONTRACTOR cannot remove, withdraw or pull-out any of the equipment, machinery, tools, materials, and/or supplies brought to the project site without the written approval of the PPA. Within thirty (30) days after termination, cancellation or rescission of this Contract, the parties shall settle their respective accountabilities as of the date of termination, cancellation or rescission, including the refund of any and all advances made plus legal interest from date of receipt of the amount or amounts advanced.
18.05 It is expressly agreed that whenever the CONTRACTOR’s dela...
OTHER COVENANT. Section 3.01 The Guarantor shall take out all measures necessary to ensure the satisfactory implementation of the Project.
OTHER COVENANT. The Seller shall not, prior to the third anniversary of the Closing Date: (i) sell, transfer or otherwise dispose of any of its remaining shares of the Company or (ii) purchase or otherwise acquire any shares of the Company if after such purchase or acquisition the Seller would be a "5% shareholder" of the Company within the meaning of Section 382 of the Internal Revenue Code of 1986, as amended, or the regulations thereunder.
OTHER COVENANT. Section 3.01 The Guarantor shall take out all reasonable measures necessary to cause the Borrower to ensure the satisfactory implementation of the Project.
OTHER COVENANT. If there shall be a default in the observance or performance of any other covenant, condition or agreement contained in this Agreement, in any of the Financing Agreements or in any other document or instrument referred to herein or therein, which default shall continue unremedied or uncured for a period of fifteen (15) days after notice thereof has been given to the Borrower; or
OTHER COVENANT. 20 7.1.5 Representations.........................................20 7.1.6
OTHER COVENANT. Section 3.01. The Guarantor shall carry out Part C of the Project with due diligence and efficiency and in conformity with appropriate administration, financial, engineering, public utility and telecommunication practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the said Part of the Project.
OTHER COVENANT. Both parties shall not be held responsible for failure of delay of the contract under this contract in consequence of any Force Majeure.
OTHER COVENANT. Xxxxxxxx acknowledges that no advances on this line of credit will be permitted prior to January 2, 2001. RIDERS. All changes contained herein are included on the attached Exhibit "X". GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any nonjudicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive any applicable statute of limitations, presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Xxxxxx's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Xxxxxx may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERS...
