Performance and Enforcement Sample Clauses

Performance and Enforcement. (a) The Issuer will faithfully observe and perform, or cause to be observed and performed, all its covenants, agreements, conditions and requirements contained herein and, subject to any notice and/or cure periods provided therein, in the other Security Documents or in any other instrument included in the Trust Estate strictly in accordance with the terms thereof and will maintain the validity and effectiveness of such instruments and the pledge thereof to the Trustee. The Issuer will take no action, nor will it permit any action to be taken, which will release any party to such instruments from any of its obligations or liabilities thereunder, or will result in the termination, modification or amendment, or will impair the validity, of any such instruments except, in each case, as expressly provided for herein and therein. The Issuer will give the Trustee written notice of any default by any party to any of such instruments promptly after it becomes known to the Issuer. (b) At the request of the Trustee, the Issuer will, at its expense but subject to the direction and control of the Trustee, take such action, or at the Trustee's request furnish funds sufficient to enable the Trustee to take such action under or pursuant to this Indenture, as the Trustee may deem necessary for enforcing this Indenture, the Security Documents or any other instrument included in the Trust Estate.

Performance and Enforcement. The Lessee shall duly (i) perform and observe in all respects its covenants and obligations under all Operative Documents and (ii) operate and maintain the Project in accordance with Prudent Industry Practice and Applicable Law, except to the extent that the applicability thereof is being contested in good faith unless in the case of clause (i), the failure to perform or observe such covenant or such obligation or (ii) in the case of clause (ii), such contest, in each case, would be expected to result in a loss of revenues attributable to the use of the Project as contemplated by the Operative Documents in excess of $1,500,000, taking into account any Claims arising under Sections 5.2, 5.3 and 5.28 hereunder.

Performance and Enforcement. The Borrower shall be responsible --------------------------- for, and shall fully and completely perform and discharge, and shall cause its Subsidiaries to perform and discharge, any and each obligation the Borrower and its Subsidiaries now has or the Borrower and its Subsidiaries hereafter may have under or with respect to any Loan Document or Lease Document punctually as and when due, in accordance with the terms thereof.

Performance and Enforcement. The Borrower shall duly and punctually perform and comply with any and all representations, warranties, covenants and agreements expressed as binding upon the Borrower under the Residency Agreements; enforce the payment and performance by the Residents of their obligations under the Residency Agreements in all material respects; appear in and defend any action or proceeding brought against it in any manner connected with any Residency Agreements; and deliver to the Bank such further information, and execute and deliver to the Bank such further assurances, with respect to the Residency Agreements as the Bank from time to time request.

Performance and Enforcement. 22 5.2 Maintenance of Existence.................................. 22 5.3 Maintenance of Personal Property and Leased Assets........ 22 5.4

Performance and Enforcement. (a) The Issuer will faithfully observe and perform, or cause to be observed and performed, all its covenants, agreements, conditions and requirements contained in the Security Documents in accordance with the terms thereof and will maintain the validity and effectiveness of such instruments and the pledge thereof to the Trustee. The Issuer will not take any action, nor permit any action to be taken, that will release any party to such instruments from any of its obligations or liabilities thereunder, or will result in the termination, modification or amendment, or will impair the validity, of any such instruments, except as expressly provided for herein and therein. The Issuer will give the Trustee and the Servicer written notice of any default by any party to any of such instruments promptly after it becomes known to the Issuer. (b) Subject to the provisions of the Leases and the Mortgage in the event of a casualty or condemnation resulting in the payment of any proceeds, such proceeds shall be held in trust and applied in accordance with provisions of the Mortgage, the Servicer shall hold such Proceeds as part of the Collateral in an Eligible Account (the "Casualty Account"), in the name of the Servicer as agent for the Trustee, shall invest the funds in the Casualty Account in the manner described in the Cash Management Agreement and shall disburse or apply such Proceeds in accordance with the provisions of Article 15 of the Mortgage. (c) The Issuer agrees to undertake any reasonable action necessary to maintain ratings of each Class of the Notes by each of the Rating Agencies (including the payment all Rating Surveillance Charges).

Performance and Enforcement. The Company shall duly perform and observe all of the covenants, agreements and conditions on its part to be performed and observed under each Operative Document and shall (a) perform and observe its and the Owner Lessor’s covenants, agreements and conditions contained in any of the Material Project Documents, (b) enforce, defend and protect all of its and the Owner Lessor’s rights contained in any of the Material Project Documents and (c) take all reasonable and necessary actions to prevent the termination or cancellation of any of the Material Project Documents, except, with respect to the requirements set forth in clauses (a), (b) and (c) above, but not with respect to the EPC Contract, to the extent that the Owner Lessor and the Owner Participant and, so long as the Lien of the Security Documents has not been terminated or discharged, the Indenture Trustee shall have received an Officer’s Certificate from the Company stating that the failure to comply with any of the provisions of such clauses could not reasonably be expected to result in a Material Adverse Effect; provided, that, during the Construction Period, the Company shall be subject in all respects to the terms of the Construction Agency Agreement and Article XI and not this Section 7.12.

Performance and Enforcement. The Borrower shall duly and punctually perform and comply with any and all representations, warranties, covenants and agreements expressed as binding upon the Borrower under the Residency Agreements; enforce the payment and performance by the Residents of their obligations under the Residency Agreements in all material respects; appear in and defend any action or proceeding brought against it in any manner connected with any Residency Agreements; and deliver to the Administrative Agent such further information, and execute and deliver to the Administrative Agent such further assurances, with respect to the Residency Agreements as the Administrative Agent from time to time request.