Performance of Contractual Obligations. If the services and/or scope of work hereunder are not performed in good faith and in accordance with the provisions of this Agreement. If the delivery of the goods that are the subject of this Agreement was not made in good faith and/or in accordance with this Agreement, including but not limited to, the delivery schedule which is attached hereto as
Performance of Contractual Obligations. The Company will duly and punctually pay and/or perform its obligations under this Subscription Agreement and the Other Investor Agreements.
Performance of Contractual Obligations. The Assignor shall timely and fully perform and comply with all material provisions, covenants and other obligations required to be observed by it under the contracts from which the Assigned Receivables derive.
Performance of Contractual Obligations. Perform and discharge its obligations under each of its Contractual Obligations, except (a) such as are being contested in good faith by appropriate proceedings diligently conducted or (b) to the extent failure to do so could not reasonably be expected to have a Material Adverse Effect.
Performance of Contractual Obligations. Perform in accordance with its terms and conditions, and comply with all provisions of, each security issued by Debtor and each indenture, note, lease, commitment, or other agreement, contract, instrument or undertaking to which Debtor is a party or by which it or any of its property is bound (including, without limitation, the Mortgage, the Mortgage Note, and all other agreements or documents referred to herein or therein or contemplated hereby or thereby).
Performance of Contractual Obligations. The ability of the Issuer to make payments in respect of the Notes may depend upon the due performance by the other parties to the transaction documents of the obligations thereunder including the performance by the Principal Paying Agent, any other Paying Agent, each Transfer Agent, the relevant Registrar and/or the relevant Calculation Agent(s) of their respective obligations. Whilst the non-performance of any relevant parties will not relieve the Issuer of its obligations to make payments in respect of the Notes, the Issuer may not, in such circumstances, be able to fulfil their respective obligations to the Noteholders and the Couponholders. On certain dates, including the occurrence of any early redemption event specified in the relevant Pricing Supplement or otherwise and at maturity of the Notes, the Issuer may, and at maturity, will, be required to pay interest on, or redeem, all of the Notes. If such an event were to occur, the Issuer may not have sufficient cash on hand (whether due to a serious decline in net operating cash flows or otherwise) and may not be able to arrange financing to make such payment or redeem the Notes in time, or on acceptable terms, or at all. The ability to make interest payments or redeem the Notes in such event may also be limited by the terms of other debt instruments. Failure to pay interest on the Notes or to repay, repurchase or redeem tendered Notes by the Issuer would constitute an event of default under the relevant Notes, which may also constitute a default under the terms of other indebtedness of the Group. The Programme is rated “BBB-” by Standard & Poor’s Ratings Services, a division of The XxXxxx-Xxxx Companies, Inc. The rating represents the opinion of the rating agency and its assessment of the ability of the issuer to perform its obligations under the Notes and credit risks in determining the likelihood that payments will be made when due under the Notes. A rating is not a recommendation to buy, sell or hold securities and may be subject to suspension, change or withdrawal at any time by the assigning rating agency. A reduction or withdrawal of the rating may adversely affect the market price of the Notes and the Issuer’s ability to access the debt capital markets. Any adverse revision to the Issuer’s corporate ratings, or those of its subsidiaries, for domestic and international debt by rating agencies such as Standard & Poor’s Ratings Services, a division of The XxXxxx-Xxxx Companies, Inc., Xxxxx’x Inv...
Performance of Contractual Obligations. Seller agrees that, with respect to each Contract listed on Schedule 5.24 of the Seller Disclosure Letter for which Seller will have continuing product delivery obligations subsequent to the Closing Date, it will perform each of the obligations it is required to perform under such Contract if the failure to so perform such obligations could result in a refund of part or all of the fees paid to Seller under such Contract.
Performance of Contractual Obligations. (i) Perform and observe all terms and provisions of each Contractual Obligation (including the Transaction Documents to which it is a party), maintain all Project Documents in full force and effect in accordance with their terms, enforce all Project Documents in accordance with their respective terms and take all such action concerning enforcement as the Intercreditor Agent or any Secured Party may from time to time reasonably request; and, if an obligor under any Transaction Document (other than the Borrower or any Secured Party) asserts in writing its belief that such Transaction Document is not valid or binding upon such obligor, allow the Intercreditor Agent or any Secured Party the right to participate in any proceeding relating thereto, (ii) cause the Performance Guarantee to be provided, maintained, increased and replenished in accordance with the Public Works Contract and, unless the Performance Guarantee is substantially in the form of Exhibit K hereto, cause the Junior Performance LC to be delivered to the Offshore Collateral Agent or the Intercreditor Agent, as applicable, and maintained for a period of not fewer than sixty (60) days beyond the scheduled expiration of the Performance Guarantee in favor of CFE in effect from time to time in an amount at least equal to the entire amount then available to be drawn under the Performance Guarantee in favor of CFE (and each such increase and replenishment thereunder) and (iii) cause the Quality Guarantee, either in the form of the letter of credit (Modelo de Carta de Credito) contained in Annex 17 of the Public Works Contract or in the form of a cash deposit, to be provided to CFE on or prior to the date on which the Borrower otherwise reasonably would be expected to achieve the Provisional Acceptance of the First Unit, and cause the same to be maintained, increased and replenished in accordance with the Public Works Contract; provided that the issuer and confirming institution, if any, of each such Performance Guarantee (including any increase, replenishment or extension thereof) and, except to the extent permitted to be collateralized pursuant to Section 4.02(g) of this Common Agreement, of the Quality Guarantee (including any increase, replenishment or extension thereof) shall have duly executed a waiver of all of its rights and claims against the Borrower (including all rights and claims, if any, against the Borrower in connection with such Performance Guarantee or Quality Guarantee, as applicable...
Performance of Contractual Obligations. Perform in all material respects all of its Contractual Obligations under the terms of any agreement to which it is bound or to which it is a party, and pay, discharge or otherwise satisfy at or before maturity or before they become delinquent, as the case may be, all its obligations of whatever nature, except when the amount or validity thereof is currently being contested in good faith by appropriate proceedings and reserves with respect thereto have been provided on the books of the Borrower in amounts satisfactory to Bank.
Performance of Contractual Obligations. If the services and/or scope of work hereunder are not performed in good faith and in accordance with the provisions of this Agreement [FOR CAPITAL IMPROVEMENT CONTRACTS: , including but not limited to, time frames specified or the completion schedule which is described in Attachment A.][If the delivery of the goods that are the subject of this Agreement [SELECT ONE: [was not made][is not being made] in good faith and/or in accordance with this Agreement, including but not limited to, the delivery schedule which is attached hereto as Attachment ].
