Performance by the Borrower. Without relieving the Governmental Lender from the responsibility for performance and observance of the agreements and covenants required to be performed and observed by it hereunder, the Borrower, on behalf of the Governmental Lender, may perform any such agreement or covenant if no Borrower Loan Agreement Default or Potential Default under the Borrower Loan Agreement exists.
Performance by the Borrower. The Borrower shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Borrower at or prior to such Closing.
Performance by the Borrower. An Officer’s Certificate from Borrower, dated the Closing Date, certifying (i) that all the terms, covenants, agreements and conditions of this Agreement and each of the other Basic Documents to be complied with and performed by the Borrower on or before the Closing Date, including compliance with the Financial Covenants, have been complied with and performed in all material respects, and (ii) that each of the representations and warranties of the Borrower made in this Agreement and each of the other Basic Documents are true and correct in all material respects as of the Closing Date (except to the extent they expressly relate to an earlier or later time).
Performance by the Borrower. The Collateral Agent shall not be required to ascertain or inquire as to the performance by the Borrower of any of its obligations under any Financing Document or any other document or agreement contemplated hereby or thereby.
Performance by the Borrower. Subject to Section 2.8, so long as any Note remains outstanding and unpaid or any other amount is owing to any Lender hereunder, the Borrower will promptly pay all amounts payable by it under this Loan Agreement and the Notes in accordance with the terms hereof and thereof and shall duly perform each of its obligations under this Loan Agreement and the Notes.
Performance by the Borrower. Each Borrower Party shall in a timely manner observe, perform and fulfill each and every covenant, term and provision of each Loan Document executed and delivered by it (but in the case of Guarantor or Beacon, only to the extent expressly applicable thereto), and shall not enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Loan Document executed and delivered by it without the prior written consent of the Required Lenders.
Performance by the Borrower. Except as herein expressly provided, the Security Trustee is hereby authorised and it shall be entitled to assume without enquiry (in the absence of knowledge by it or any express notice to it to the contrary) that the Borrower is duly performing and observing all the covenants, conditions, provisions and obligations contained in this Deed and the Security Documents to which it is party and/or in respect of the Secured Liabilities and on its part to be performed and observed.
Performance by the Borrower. Without relieving the Governmental Lender from the responsibility for performance and observance of the agreements and covenants required to be performed and observed by it hereunder, the Borrower, on behalf ...
Performance by the Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision of each loan document executed and delivered by, or applicable to, Borrower with respect to this Loan and all other obligations for borrowed money. Borrower shall in a timely manner observe, perform and fulfill each and every material covenant, term and provision of any agreement or contract relating to any other Indebtedness of the Borrower.
Performance by the Borrower. Without relieving the Governmental Lender from the responsibility for performance and observance of the agreements and covenants required to be performed and observed by it hereunder, the Borrower, on behalf of the Governmental Lender, may perform any such agreement or covenant so long as the Borrower is not in default (beyond any applicable notice and cure period) under the Project Loan Agreement. 4837-1660-0800.3
