Common use of Other Documents, Etc Clause in Contracts

Other Documents, Etc. Except as otherwise required by this Agreement, pay, perform and fulfill all of its obligations and covenants under each material document, instrument or agreement to which it is a party; provided that so long as the Borrower or any Subsidiary is contesting any claimed default by it or them under any of the foregoing by proper proceedings conducted in good faith and for which any proper reserve or other provision in accordance with and to the extent required by GAAP has been made, such default shall not be deemed a violation of this covenant.

Appears in 1 contract

Samples: Loan Agreement (Broadway & Seymour Inc)

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Other Documents, Etc. Except as otherwise required by ------------- -------------------- this Agreement, pay, perform and fulfill all of its material obligations and covenants under each material document, instrument or agreement to which it is a party; provided that so long as the Borrower or any Subsidiary is contesting any claimed default by it or them under any of the foregoing by proper proceedings conducted in good faith and for which any proper reserve or other provision in accordance with and to the extent required by GAAP has been made, such default shall not be deemed a violation of this covenant.

Appears in 1 contract

Samples: Loan Agreement (Somera Communications Inc)

Other Documents, Etc. Except as otherwise required by this Agreement, pay, perform and fulfill in all material respects all of its obligations and covenants under each material document, instrument or agreement to which it is a party; provided that so long as the Borrower or any Subsidiary is contesting any claimed default by it or them under any of the foregoing by proper proceedings conducted in good faith and for which any proper reserve or other provision in accordance with and to the extent required by GAAP has been made, such default shall not be deemed a violation of this covenant.

Appears in 1 contract

Samples: Loan Agreement (Trimble Navigation LTD /Ca/)

Other Documents, Etc. Except as otherwise required by this Agreement, pay, perform and fulfill all of its material obligations and covenants under each material document, instrument or agreement to which it is a partyparty including, without limitation, the Related Transaction Documents; provided that so long as the Borrower or any Subsidiary is contesting any claimed default by it or them under any of the foregoing by proper proceedings conducted in good faith and for which any proper reserve or other provision in accordance with (Loan Agreement - Fleet/Convergent) and to the extent required by GAAP has been made, such default shall not be deemed a violation of this covenant.

Appears in 1 contract

Samples: Loan Agreement (Convergent Group Corp)

Other Documents, Etc. Except as otherwise required by ------------- -------------------- this Agreement, pay, perform and fulfill all of its obligations and covenants under each material document, instrument or agreement to which it is a partyparty including, without limitation, the Related Transaction Documents; provided that so long as the Borrower or any Subsidiary is contesting any claimed default by it or them under any of the foregoing by proper proceedings conducted in good faith and for which any proper reserve or other provision in accordance with and to the extent required by GAAP has been made, such default shall not be deemed a violation of this covenant.

Appears in 1 contract

Samples: Loan Agreement (Nxtrend Technology Inc)

Other Documents, Etc. Except as otherwise required by ------------- -------------------- this Agreement, pay, perform and fulfill all of its obligations and covenants under each material document, instrument or agreement to which it is a partyparty including, without limitation, the Related Transaction Documents unless the failure to do so could not have a Material Adverse Effect; provided that so long as the Borrower or any Subsidiary is contesting any claimed default by it or them under any of the foregoing by proper proceedings conducted in good faith and for which any proper reserve or other provision in accordance with and to the extent required by GAAP has been made, such default shall not be deemed a violation of this covenant.

Appears in 1 contract

Samples: Loan Agreement (Boron Lepore & Associates Inc)

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Other Documents, Etc. Except as otherwise required by this Agreement, pay, perform and fulfill all of its obligations and covenants under each material document, instrument or agreement to which it is a party; , provided that so long as the Borrower or any Subsidiary is contesting any claimed default by it or them under any of the foregoing by proper proceedings conducted in good faith and for which any proper reserve or other provision in accordance with and to the extent required by GAAP has been made, such default shall not be deemed a violation of this covenant.

Appears in 1 contract

Samples: Loan Agreement (PCD Inc)

Other Documents, Etc. Except as otherwise required by ----------- -------------------- this Agreement, pay, perform and fulfill all of its obligations and covenants under each material document, instrument or agreement to which it is a party; provided that so long as the Borrower or any Subsidiary is contesting any claimed default by it or them under any of the foregoing by proper proceedings conducted in good faith and for which any proper reserve adequate reserves or other provision provisions in accordance with and to the extent required by GAAP has have been made, such default shall not be deemed a violation of this covenant.

Appears in 1 contract

Samples: Loan Agreement (Cornerstone Brands Inc)

Other Documents, Etc. Except as otherwise required by ------------- -------------------- this Agreement, pay, perform and fulfill all of its material obligations and covenants under each material document, instrument or agreement to which it is a partyparty including, without limitation, the Related Transaction Documents; provided that so long as the Borrower or any Subsidiary is contesting any claimed default by it or them under any of the foregoing by proper proceedings conducted in good faith and for which any proper reserve or other provision in accordance with and to the extent required by GAAP has been made, such default shall not be deemed a violation of this covenant.

Appears in 1 contract

Samples: Loan Agreement (Talentpoint Inc)

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