Performance Covenant. The Executive represents and warrants to the Company that the Executive is not party to any agreement which would prohibit the Executive from entering into this Agreement or performing fully the Executive's obligations hereunder. 19.
Performance Covenant. If the Initial Performance Covenant Test Date has occurred, Borrower shall thereafter satisfy either of (i) Performance Covenant A or Performance Covenant B, tested at all times, or (ii) Performance Covenant C, tested quarterly.
Performance Covenant. Each of the parties hereto covenants and agrees that it will take all action reasonably within its power and authority to duly and timely carry out all of its obligations hereunder, to perform and comply with all of the covenants, agreements, representations and warranties hereunder applicable to it and to cause all conditions to the obligations of the other parties to close the purchase and sale of the Transferred Assets pursuant hereto to be satisfied as promptly as possible.
Performance Covenant. Section 7.20(b) of the Loan Agreement is hereby amended in its entirety and replaced with the following: “(b) Performance Covenant. Beginning on such date for which financial statements have been (or are required to be delivered) under Section 7.1(a) for the month ending September 30, 2024 and at all times thereafter, Borrower shall satisfy either of (i) Performance Covenant A or Performance Covenant B, tested at all times, or (ii) Performance Covenant C, tested monthly.”
Performance Covenant. By its signature in the place provided below, Panhandle Eastern Pipe Line Company, LP hereby covenants, to the extent permitted by applicable law, to cause Manager to perform the duties and obligations of Manager hereunder.
Performance Covenant. Borrower shall, at all times after the 2019 Term B Loan Advance is made through the Performance Covenant End Date, either (i) maintain unrestricted cash (deposited into accounts in the name of Borrower that are subject to a first priority perfected security interest in favor of Agent perfected by an Account Control Agreement) of at least Fifteen Million Dollars ($15,000,000.00) or (ii) achieve and maintain Aggregate 2013-2016 Vintage Clinic Level Contribution on a trailing six (6) month basis of at least Twenty-Three Million Dollars ($23,000,000.00).
Performance Covenant. Each of the parties hereto covenants and agrees that it will take all actions reasonably within its power and authority to duly and timely carry out all of its obligations hereunder, to perform and comply with all of the covenants, agreements, representations and warranties hereunder applicable to it and to cause all conditions to the obligations of the other party to close the transactions provided for herein to be satisfied as promptly as possible.
Performance Covenant. Each of the parties hereto covenants and agrees -------------------- that it will take all action reasonably within its power and authority to duly and timely carry out all of its obligations hereunder, to perform and comply with all of the covenants, agreements, representations, and warranties hereunder applicable to it, and to cause all conditions applicable to it to the obligations of the other party to close the purchase and sale of the Shares pursuant hereto to be satisfied as promptly as possible. Each party will promptly notify the others in the event such party receives notice of the institution or threat to institute any action that could cause the conditions set forth in Section 6.1(b) or 6.2(b) not to be satisfied at the Closing Date.
Performance Covenant. Commencing on the earliest to occur of (a) the outstanding principal balance of the Term Loans exceeding One Hundred Thirty Million Dollars ($130,000,000.00), and (b) the first anniversary after the date Borrower receives FDA approval for Gedatolisib, Borrower shall at all times thereafter [***] as set forth in the Borrower’s management plan prepared in connection with such FDA approval for Gedatolisib and provided to Collateral Agent and the Lenders, which management plan has been approved by Bxxxxxxx’s board of directors and which Collateral Agent and the Lenders have deemed to be acceptable in their reasonable discretion. In any event, the [***] covenant requirement shall be subject to a cap of [***]. Notwithstanding anything herein to the contrary, Borrower shall not be obligated to comply with the provisions of this Section 6.12 during any fiscal quarter where at all times during such fiscal quarter either (i) the Market Capitalization of Borrower is at least [***] or (ii) the aggregate amount of Borrower’s unrestricted cash balance maintained in Collateral Accounts subject to Control Agreements in favor of Collateral Agent exceeds seventy-five percent (75.00%) of the outstanding principal balance of the Term Loans.
Performance Covenant. If the aggregate amount of Term Loan Advances at any time is greater than $70,000,000, then, beginning July 1, 2023, the Borrower shall satisfy the Performance Covenant, tested as of the last day of each month. Notwithstanding the foregoing, the Performance Covenant shall not apply for any monthly period for which Borrower satisfies the Performance Covenant Waiver Conditions on each day of such monthly period. Certain identified information has been excluded from the document because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed. Borrower shall provide Agent evidence of compliance with this Section 7.21 in each Compliance Certificate and upon request in form and substance reasonably acceptable to Agent, along with supporting documentation reasonably requested by Agent.
