Performance of Obligations; Etc. Each Obligor and each Subsidiary --------------------------------------- shall, (i) preserve and maintain its legal existence and all of its material rights, privileges and franchises, the loss of which could reasonably be expected to have a Material Adverse Effect (provided, however, that nothing in -------- ------- this Section 9.03 shall prohibit any transaction expressly permitted under Section 9.06); (ii) comply with the requirements of all applicable laws (including ERISA and the rules and regulations thereunder), rules, regulations and orders of Governmental Authorities if failure to comply with such requirements would (individually or in the aggregate) have a Material Adverse Effect; (iii) timely file true, accurate and complete tax returns required by all Governmental Authorities and pay and discharge all taxes, assessments and governmental charges or levies imposed on it or on its income or profits or on any of its Property prior to the date on which penalties attach thereto (except for any such tax, assessment, charge or levy the payment of which is being contested in good faith and by proper proceedings and against which adequate reserves are being maintained in accordance with GAAP) if such failure to file or pay and discharge would (individually or in the aggregate) have a Material Adverse Effect; (iv) maintain all of its Properties used or useful in its business in good working order and condition, ordinary wear and tear excepted, except to the extent that the failure to do so with respect to any such Property would not individually or in the aggregate be reasonably likely to have a Material Adverse Effect; (v) permit representatives of any Creditor, during normal business hours, to examine, copy and make extracts from its books and records, to inspect its Properties, and to discuss its business and affairs with its officers, all to the extent reasonably requested by such Creditor; (vi) allow the Administrative Agent to consult with Borrower's independent public accountants and auditors with respect to the financial affairs of Borrower and the Subsidiaries and agrees to authorize such accountants to disclose to the Administrative Agent and the Lenders any and all financial statements and other supporting financial documents and schedules including copies of any management letter with respect to the business, financial condition and other affairs of Borrower and the Subsidiaries; at the request of the Administrative Agent, Borrower shall deli...
Performance of Obligations; Etc. The Company shall have satisfied and complied with (or at the Closing shall satisfy and comply with) all of its obligations hereunder (including, without limitation, its obligations to pay the Cash Balance and to execute and/or deliver each and all of the documents to be executed and/or delivered by the Company pursuant to this Agreement);
Performance of Obligations; Etc. Owner shall have performed in all material respects all covenants and obligations and complied with all conditions, obligations and agreements required by this Agreement to be performed or complied with by it at or before the Closing.
Performance of Obligations; Etc. The Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with all covenants, contained in this Agreement, to be performed and complied with by it at or prior to the Closing Date.
Performance of Obligations; Etc. Each Subscriber whose subscription is accepted by the Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with all covenants, contained in this Agreement, to be performed and complied with by it at or prior to the Closing Date.
