Common use of Performance, Etc Clause in Contracts

Performance, Etc. Each Borrower shall have in all material respects duly and properly performed, complied with and observed each of its respective covenants, agreements and obligations contained in any of the Loan Documents or Ancillary Documents to which it is a party or by which it is bound which are required to be performed on or prior to the Closing Date. No event shall have occurred on or prior to the Closing Date and be continuing on such Closing Date, and no condition shall exist on such Closing Date, which constitutes a Default or an Event of Default.

Performance, Etc. Each Borrower shall have in all material respects duly and properly performed, complied with and observed each of its respective covenants, agreements and obligations contained in any each of the Loan Documents or Ancillary Documents to which it such Borrower is a party or by which it such Borrower is bound which are required to be performed on or prior to the Closing Date. No event shall have occurred on or prior to the Closing Date and be continuing on such Closing Date, and no condition shall exist on such the Closing Date, which constitutes a Default or an Event of Default.

Performance, Etc. Each Borrower shall have in all material respects duly and properly performed, complied with and observed each of its respective covenants, agreements and obligations contained in any each of the Loan Documents or Ancillary Documents to which it Borrower is a party or by which it is bound which are required to be performed on or prior to the Closing Dateparty. No event shall have occurred on or prior to the Closing Date and be continuing on such Closing Date, and no condition shall exist on such the Closing Date, which constitutes a Default or an Event of Default.

Performance, Etc. Each Borrower shall have in all material respects duly and properly performed, complied with and observed each of its respective covenants, agreements and obligations contained in any each of the Loan Documents or Ancillary Documents to which it Borrower is a party or by which it Borrower is bound which are required to be performed on the Original Closing Date or prior to the Closing Date. No event shall have occurred on or prior to the Closing Date and be continuing on such Closing Date, and no condition shall exist on such the Closing Date, which constitutes a Default or an Event of Default.

Performance, Etc. Each Borrower shall have in all material respects duly and properly performed, complied with and observed each of its respective covenants, agreements and obligations contained in any of the Loan Documents or Ancillary Documents to which it is a party or by which it is bound which are required to be performed on or prior to the Closing Date. No event shall have occurred on or prior to the Closing Date and be continuing on such the Closing Date, and no condition shall exist on such the Closing Date, which constitutes a Default or an Event of Default.

Performance, Etc. Each Borrower shall have in all material respects duly and properly performed, complied with and observed each of its respective covenants, agreements and obligations contained in any each of the Loan Documents or Ancillary Documents to which it each Borrower is a party or by which it such Borrower is bound which are required to be performed on or prior to the Closing Date. No event shall have occurred on or prior to the Closing Date and be continuing on such Closing Date, and no condition shall exist on such the Closing Date, which constitutes a Default or an Event of Default.

Performance, Etc. Each Borrower shall have in all material respects duly and properly performed, complied with and observed observed, in all material respects, each of its respective covenants, agreements and obligations contained in any each of the Loan Documents or Ancillary Documents to which it Borrower is a party or by which it Borrower is bound which are required to be performed on or prior to the Closing Datebound. No event shall have occurred on or prior to the Closing Date and be continuing on such Closing Effective Date, and no condition shall exist on such Closing Datethen exist, which constitutes or would (with the delivery of notice or the passing of time, or both) constitute a Default or an Event of DefaultDefault under the Amended Credit Agreement or under any other Loan Agreement.

Performance, Etc. Each Borrower shall have in all material respects duly and properly performed, complied with and observed each of its respective covenants, agreements and obligations contained in any each of the Loan Documents or Ancillary Documents to which executed by it is a party or by which it is bound which are required to be performed on or prior to as of the Closing Date. No event shall have occurred on or prior to the Closing Date and be continuing on such Closing Date, and no condition shall exist on such as of the Closing Date, Date which constitutes a Default or an Event of Default.