Performance of Obligations. The Borrower will perform (and will cause each of its Subsidiaries to perform) in all material respects all of its obligations under the terms of all material agreements, indentures, mortgages, security agreements or other debt instruments to which it is a party or by which it is bound.
Appears in 25 contracts
Samples: Term Loan Agreement (Public Service Co of New Mexico), Credit Agreement (Public Service Co of New Mexico), Credit Agreement (Public Service Co of New Mexico)
Performance of Obligations. The Borrower will perform (will, and will cause each of its Subsidiaries to perform) in all material respects to, perform all of its obligations under the terms of all material agreementseach mortgage, indentures, mortgagesindenture, security agreements agreement, loan agreement or credit agreement and each other debt instruments to which it is a party agreement, contract or instrument by which it is bound, except such non-performances as could not, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 23 contracts
Samples: Credit Agreement (Semtech Corp), Exit Credit Agreement (Lee Enterprises, Inc), Credit Agreement (Trico Marine Services Inc)
Performance of Obligations. The Borrower will perform (and will cause each of its Subsidiaries to perform) in all material respects all of its obligations under the terms of all material agreements, indentures, mortgages, security agreements or other debt instruments to which it is a party or by which it is bound, the failure to perform which could reasonably be expected to have a Material Adverse Effect.
Appears in 17 contracts
Samples: Credit Agreement (Public Service Co of New Mexico), Term Loan Agreement (Public Service Co of New Mexico), Term Loan Agreement (PNM Resources Inc)
Performance of Obligations. The Such Borrower will perform (and will cause each of its Material Subsidiaries to perform) in all material respects all of its obligations under the terms of all material agreements, indentures, mortgages, security agreements or other debt instruments to which it is a party or by which it is bound.
Appears in 14 contracts
Samples: Credit Agreement (Virginia Electric & Power Co), Credit Agreement (Consolidated Natural Gas Co/Va), Five Year Revolving Credit Agreement (Virginia Electric & Power Co)
Performance of Obligations. The Such Borrower will perform (and will cause each of its Material Subsidiaries to perform) in all material respects all of its obligations under the terms of all agreements that are material agreementsto the conduct of the business of the Borrower or any of its Material Subsidiaries, including all such material indentures, mortgages, security agreements or other debt instruments to which it is a party or by which it is bound, if nonperformance would be reasonably expected to have a Material Adverse Effect on such Borrower.
Appears in 12 contracts
Samples: Revolving Credit Agreement (Dominion Energy South Carolina, Inc.), Revolving Credit Agreement (Virginia Electric & Power Co), Revolving Credit Agreement (South Carolina Electric & Gas Co)
Performance of Obligations. The Borrower will perform (Each of the Borrowers will, and will cause each of its Subsidiaries to perform) to, perform in all material respects all of its obligations under the terms of all material agreements, indentures, mortgages, security agreements or other debt instruments to which it is a party or by which it is bound.
Appears in 11 contracts
Samples: Credit Agreement (Brandywine Operating Partnership, L.P.), Term Loan Agreement (Brandywine Operating Partnership, L.P.), Term Loan Agreement (Brandywine Operating Partnership, L.P.)
Performance of Obligations. The Borrower will perform (and will cause each of its Material Subsidiaries to perform) in all material respects all of its obligations under the terms of all material agreements, indentures, mortgages, security agreements or other debt instruments to which it is a party or by which it is bound.
Appears in 11 contracts
Samples: Credit Agreement (Consolidated Natural Gas Co/Va), Credit Agreement (Dominion Resources Inc /Va/), Credit Agreement (Dominion Resources Inc /Va/)
Performance of Obligations. The Borrower will perform (will, and will cause each of its Subsidiaries to perform) to, perform in all material respects all of its obligations under the terms of all material agreements, indentures, mortgages, security agreements or other debt instruments to which it is a party or by which it is bound.
Appears in 7 contracts
Samples: Credit Agreement (Personnel Group of America Inc), Credit Agreement (Personnel Group of America Inc), Credit Agreement (Genicom Corp)
Performance of Obligations. The Borrower will perform (and will cause each of its Subsidiaries to perform) in all material respects all of its obligations under the terms of all material agreements, indentures, mortgages, security agreements or other debt instruments to which it is a party or by which it is boundbound and that pertain to Indebtedness in excess of $50,000,000.
Appears in 7 contracts
Samples: Credit Agreement (Wisconsin Energy Corp), Credit Agreement (Wisconsin Energy Corp), Credit Agreement (Wisconsin Energy Corp)
Performance of Obligations. The Such Borrower will perform (and will cause each of its Material Subsidiaries to perform) in all material respects all of its obligations under the terms of all agreements that are material agreementsto the conduct of the business of the Borrowers or any of its Material Subsidiaries, including all such material indentures, mortgages, security agreements or other debt instruments to which it is a party or by which it is bound, if nonperformance would be reasonably expected to have a Material Adverse Effect on such Borrower.
Appears in 5 contracts
Samples: Revolving Credit Agreement (Dominion Energy, Inc), Revolving Credit Agreement (Dominion Energy, Inc), Revolving Credit Agreement (Virginia Electric & Power Co)
Performance of Obligations. The Borrower will perform (and will cause each of its Material Subsidiaries to perform) in all material respects all of its obligations under the terms of all agreements that are material agreements, to the conduct of the business of the Borrower or any of its Material Subsidiaries and all indentures, mortgages, security agreements or other debt instruments to which it is a party or by which it is bound.
Appears in 5 contracts
Samples: 364 Day Revolving Credit Agreement (Dominion Resources Inc /Va/), Five Year Credit Agreement (Dominion Resources Inc /Va/), Five Year Credit Agreement (Dominion Resources Inc /Va/)
Performance of Obligations. The Borrower will perform (and will cause each of its Subsidiaries to perform) in all material respects all of its obligations under the terms of the Third Supplemental Indenture, the First Mortgage Bonds and all other material agreements, indentures, mortgages, security agreements or other debt instruments to which it is a party or by which it is bound.
Appears in 4 contracts
Samples: Credit Agreement (Texas New Mexico Power Co), Credit Agreement (Texas New Mexico Power Co), Credit Agreement (PNM Resources Inc)
Performance of Obligations. The Borrower will perform (and will cause each of its Subsidiaries to perform) in all material respects all of its obligations under the terms of all material agreements, indentures, mortgages, security agreements or other debt instruments to which it is a party or by which it is bound; provided that the Specified Defaults will not constitute such a failure to perform for purposes of this Section 7.8.
Appears in 4 contracts
Samples: Term Loan Agreement (Public Service Co of New Mexico), Term Loan Agreement (Public Service Co of New Mexico), Credit Agreement (Texas New Mexico Power Co)
Performance of Obligations. The Borrower will perform (and will cause each of its Subsidiaries to perform) in all material respects all of its obligations under the terms of all material agreements, indentures, mortgages, security agreements or other material debt instruments to which it is a party or by which it is bound.
Appears in 4 contracts
Samples: Multi Year Credit Agreement (Alabama Power Co), Credit Agreement (Mississippi Power Co), Multi Year Credit Agreement (Southern Power Co)
Performance of Obligations. The Borrower will perform (and will cause each of its Subsidiaries Material Subsidiary to perform) in all material respects all of its obligations under the terms of all agreements that are material agreementsto the conduct of the business of the Borrower or any of its Material Subsidiaries, including all such material indentures, mortgages, security agreements or other debt instruments to which it is a party or by which it is bound, if nonperformance would be reasonably expected to have a Material Adverse Effect.
Appears in 3 contracts
Samples: Sustainability Revolving Credit Agreement (Dominion Energy, Inc), 364 Day Term Loan Credit Agreement (Dominion Energy, Inc), Sustainability Revolving Credit Agreement (Dominion Energy, Inc)
Performance of Obligations. The Such Borrower will perform (and will cause each of its Subsidiaries to perform) in all material respects all of its obligations under the terms of all material agreements, indentures, mortgages, security agreements or other debt instruments to which it is a party or by which it is bound.
Appears in 3 contracts
Samples: Credit Agreement (PNM Resources Inc), Credit Agreement (PNM Resources Inc), Credit Agreement (PNM Resources Inc)
Performance of Obligations. The Borrower will perform shall (and will shall cause each of its Subsidiaries to perform) to, comply in all material respects with all of its (and their) obligations under the terms of all material agreementscontracts including, indenturesbut not limited to, mortgages, security agreements contracts relating to the properties of the Borrower or other debt instruments to which it is a party its Subsidiaries or by which it is the Borrower (or such Subsidiaries, as applicable) are bound.
Appears in 3 contracts
Samples: Credit Agreement (Markwest Hydrocarbon Inc), Credit Agreement (Markwest Hydrocarbon Inc), Credit Agreement (Markwest Hydrocarbon Inc)
Performance of Obligations. The Such Borrower will perform (and will cause each of its Material Subsidiaries to perform) in all material respects all of its obligations under the terms of all agreements that are material agreements, to the conduct of the business of the Borrower or any of its Material Subsidiaries and all indentures, mortgages, security agreements or other debt instruments to which it is a party or by which it is bound.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Dominion Resources Inc /Va/), Revolving Credit Agreement (Dominion Resources Inc /Va/), Revolving Credit Agreement (Virginia Electric & Power Co)
Performance of Obligations. The Borrower will perform (shall, and will shall cause each of its Subsidiaries to perform) the Guarantors to, perform in all material respects all of its obligations under the terms of all material agreementseach mortgage, indentures, mortgagesindenture, security agreements or agreement, other debt instruments instrument and any material contract by which it is bound or to which it is a party party, except where such nonperformance would not, singly or by which it is boundin the aggregate, have a Material Adverse Effect.
Appears in 3 contracts
Samples: Loan Agreement (CSS Industries Inc), Loan Agreement (CSS Industries Inc), Loan Agreement (CSS Industries Inc)
Performance of Obligations. The Borrower will perform (and will cause each of its Subsidiaries to perform) in all material respects all of its obligations under the terms of all material agreementseach Lease, indenturesCollateral Document and Loan Document, mortgages, security agreements contract or other debt instruments to which it is a party or instrument by which it is bound.
Appears in 2 contracts
Samples: Credit Agreement (Atlas Air Inc), Credit Agreement (Atlas Air Inc)
Performance of Obligations. The Borrower will perform (will, and will cause each of its Significant Subsidiaries to perform) to, perform in all material respects all of its obligations under the terms of all material agreements, indentures, mortgages, security agreements or other debt instruments to which it is a party or by which it is boundbound and that pertain to Indebtedness in excess of $50,000,000.
Appears in 2 contracts
Samples: Credit Agreement (Wisconsin Energy Corp), Credit Agreement (Wisconsin Energy Corp)
Performance of Obligations. The Borrower will perform (will, and will cause each of its Subsidiaries to perform) in all material respects to, perform all of its obligations under the terms of all material agreementseach mortgage, indentures, mortgagesindenture, security agreements agreement, loan agreement or credit agreement and each other debt instruments to which it is a party material agreement, contract or instrument by which it is bound, except such non-performances as could not, individually or in the aggregate, reasonably be expected to have a material adverse effect on the business, operations, property, assets, liabilities, condition (financial or otherwise) or prospects of the Borrower or the Borrower and its Subsidiaries taken as a whole.
Appears in 2 contracts
Samples: Credit Agreement (Omniquip International Inc), Credit Agreement (Omniquip International Inc)
Performance of Obligations. The Borrower will perform (will, and will cause each of its Subsidiaries to perform) to, perform in all material respects all of its material obligations under the terms of all material agreementseach mortgage, indentures, mortgagesindenture, security agreements agreement, loan agreement or credit agreement and each other debt instruments to which it is a party material agreement, contract or instrument by which it is bound.
Appears in 2 contracts
Samples: Credit Agreement (Pyramid Communication Services, Inc.), Credit Agreement (PAETEC Holding Corp.)
Performance of Obligations. The Borrower will perform (shall, and will shall cause each of its Subsidiaries to perform) in all material respects to, perform all of its obligations under the terms of all material agreements, indentures, mortgages, security agreements or other debt instruments to which it is a party or each Material Agreement by which it or any of its properties or assets is bound.
Appears in 2 contracts
Samples: Loan Agreement, Senior Secured Loan Agreement (PCT LLC)
Performance of Obligations. The Borrower will perform (and will cause each of its Subsidiaries Material Subsidiary to perform) in all material respects all of its obligations under the terms of all agreements that are material agreementsto the conduct of the business of the Borrower or any Material Subsidiary, including all such material indentures, mortgages, security agreements or other debt instruments to which it is a party or by which it is bound, if nonperformance would be reasonably expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: 364 Day Term Loan Credit Agreement (Dominion Energy Inc /Va/), 364 Day Term Loan Credit Agreement (Dominion Energy Inc /Va/)
Performance of Obligations. The Borrower will perform (and will cause each of its Subsidiaries to shall perform) , in all material respects a timely manner, all of its obligations under the terms of all material agreements, indenturespursuant to leases, mortgages, security agreements deeds of trust or other debt instruments agreements to which it Borrower is a party or party, and shall pay when due all debt owed by which it is boundBorrower and all claims of mechanics, materialmen, carriers, landlords, warehousemen and other like persons.
Appears in 1 contract
Samples: Loan and Security Agreement (Halifax Corp of Virginia)
Performance of Obligations. The Borrower will perform (and will cause each of its Subsidiaries to perform) in all material respects all of its obligations under the terms of the Second Supplemental Indenture, the First Mortgage Bonds and all other material agreements, indentures, mortgages, security agreements or other debt instruments to which it is a party or by which it is bound.
Appears in 1 contract
Performance of Obligations. The Borrower will perform (and will cause each of its Subsidiaries to perform) in all material respects all of its obligations under the terms of the Twenty-First Supplemental Indenture, the First Mortgage Bonds and all other material agreements, indentures, mortgages, security agreements or other debt instruments to which it is a party or by which it is bound.
Appears in 1 contract
Performance of Obligations. The Borrower will perform (Each of the Borrowers will, and will cause each of its Subsidiaries to perform) to, perform in all material respects all of its obligations under the terms of all material agreements, indentures, mortgages, security agreements or other debt instruments to which it is a party or by which it is bound.. DB1/ 97661265.5
Appears in 1 contract
Samples: Revolving Credit Agreement (Brandywine Operating Partnership, L.P.)
Performance of Obligations. The Borrower will perform (will, and will cause each of its Subsidiaries to perform) to, perform in all material respects all of its obligations under the terms of all material agreements, indentures, mortgages, mortgages security agreements or other debt instruments (including, without limitation, the Subordinated Debt Agreement) to which it is a party or by which it is bound.
Appears in 1 contract
Samples: Credit Agreement (Amcomp Inc /Fl)
Performance of Obligations. The Borrower will perform (and will cause each of its Subsidiaries to perform) in all material respects all of its obligations under the terms of all material agreementseach mortgage, indentures, mortgagesindenture, security agreements or agreement, other debt instruments instrument, trade obligations and material contracts by which it is bound or to which it is a party or by which it is boundparty.
Appears in 1 contract
Samples: Credit Agreement (Neogen Corp)
Performance of Obligations. The Borrower will perform (and will cause each of its Material Subsidiaries to perform) in all material respects all of its obligations under the terms of all agreements that are material agreementsto the conduct of the business of the Borrower or any of its Material Subsidiaries, including all such material indentures, mortgages, security agreements or other debt instruments to which it is a party or by which it is bound, if nonperformance would be reasonably expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Revolving Credit Agreement (Dominion Energy Midstream Partners, LP)
Performance of Obligations. The Borrower will shall perform (and will shall cause each of its Material Subsidiaries to perform) in all material respects perform all of its their obligations under the terms of all material agreementseach, indenturesmortgage, mortgagesindenture, security agreements agreement, debt instrument, lease, undertaking and contract by which it or other debt instruments any of its properties or any of its Material Subsidiaries are bound or to which it is a party or by which it is boundparty, including but not limited to each of the Loan Documents, except with respect to immaterial obligations under documents other than the Loan Documents.
Appears in 1 contract
Performance of Obligations. The Borrower will perform (and will cause each of its Subsidiaries to perform) in all material respects all of its obligations under the terms of all material agreements, indentures, mortgages, security agreements or other debt instruments to which it is a party or by which it is boundbound and which pertain to Indebtedness in excess of $50,000,000.
Appears in 1 contract
Samples: Three Year Credit Agreement (Wisconsin Energy Corp)
Performance of Obligations. The Borrower will perform (will, and will cause each of its Subsidiaries to perform) to, perform in all material respects all of its obligations under the terms of all material agreements, indentures, mortgages, security agreements or other debt instruments (including, without limitation, the Subordinated Debt Agreement) to which it is a party or by which it is bound.
Appears in 1 contract
Samples: Credit Agreement (Riscorp Inc)
Performance of Obligations. The Borrower will perform (and will cause each of its Subsidiaries to perform) in all material respects all of its obligations under the terms of all material agreements, indentures, mortgages, security agreements or other debt instruments to which it is a party or by which it is bound, the failure of which to perform could reasonably be expected to have a Material Adverse Effect or a Borrower Material Adverse Effect.
Appears in 1 contract
Samples: Term Loan Agreement (Public Service Co of New Mexico)
Performance of Obligations. The Borrower will perform (and will cause each of its Subsidiaries to perform) in all material respects all of its obligations under the terms of the Fourth Supplemental Indenture, the First Mortgage Bonds and all other material agreements, indentures, mortgages, security agreements or other debt instruments to which it is a party or by which it is bound.
Appears in 1 contract
Performance of Obligations. The Borrower will perform (will, and will cause each of its Subsidiaries to perform) in all material respects to, perform all of its obligations under the terms of all material agreementseach mortgage, indentures, mortgagesindenture, security agreements agreement, loan agreement or credit agreement and each other debt instruments to which it is a party material agreement, contract or instrument by which it is bound, except such non-performances as could not, individually or in the aggregate, reasonably be expected to have a material adverse effect on the business, operations, property, assets, liabilities, financial condition or prospects of the Borrower or the Borrower and its Subsidiaries taken as a whole.
Appears in 1 contract
Samples: Credit Agreement (Too Inc)
Performance of Obligations. The Borrower will perform (will, and the Borrower will cause each of its Subsidiaries to perform) in all material respects to, perform and comply with all of its obligations under the terms of all material agreements, applicable laws and all indentures, mortgages, security agreements or other debt instruments to which it is a party or by which it or any of its properties is bound, if the failure to comply therewith will have a material adverse effect on the consolidated financial condition of the Borrower on a consolidated basis.
Appears in 1 contract
Samples: Credit Agreement (Gatx Capital Corp)
Performance of Obligations. The Borrower will perform (will, and will cause each of its Subsidiaries to perform) in all material respects to, perform all of its material obligations under the terms of all material agreementseach mortgage, indentures, mortgagesindenture, security agreement and other material agreements or other debt instruments to which it is a party or by which it is bound.
Appears in 1 contract
Performance of Obligations. The Borrower will perform (and will cause each of its Subsidiaries Subsidiary to perform) in all material respects all of its obligations under the terms of all material agreements, indentures, mortgages, security agreements or other debt instruments to which it is a party or by which it is bound.
Appears in 1 contract
Performance of Obligations. The Borrower will perform (shall, and will shall cause each of its Significant Subsidiaries to perform) in all material respects to, perform all of its material obligations under the terms of all material agreementseach mortgage, indentures, mortgagesindenture, security agreements or agreement, loan agreement and each other debt instruments to which it is a party or Material Agreement by which it or any of its properties or assets is bound.
Appears in 1 contract
Samples: Bridge Facility Senior Secured Bridge Loan Agreement (Pampa Energy Inc.)
Performance of Obligations. The Borrower will perform (will, and will cause each of its Subsidiaries to perform) to, perform in all material respects all of its obligations under the terms of all material agreements, indentures, mortgages, mortgages security agreements or other debt instruments to which it is a party or by which it is bound.
Appears in 1 contract
Samples: Loan Agreement (Amcomp Inc /Fl)
Performance of Obligations. The Each Borrower will perform (will, and will cause each of its Subsidiaries to perform) in all material respects to, perform all of its obligations under the terms of all material agreements, indentures, mortgages, security agreements or other debt instruments (i) each Credit Document to which it is a party, or by which it is bound, and (ii) each mortgage, indenture, security agreement or other debt instrument to which it is party or by which it is bound, except such non-performances as could not in the aggregate have a Material Adverse Effect on such Borrower.
Appears in 1 contract
Performance of Obligations. The Borrower will perform (shall, and will shall cause each of its Subsidiaries to perform) in all material respects to, perform all of its obligations under the terms of all material agreementseach mortgage, indentures, mortgagesindenture, security agreements agreement, debt instrument, lease, undertaking and contract by which it or other debt instruments any of its properties is bound or to which it is a party or by which it is bound.party, except where the failure to perform such
Appears in 1 contract
Performance of Obligations. The Borrower will perform (will, and will cause each of its Subsidiaries to perform) to, perform in all material respects all of its obligations under the terms of all material agreementseach mortgage, indentures, mortgagesindenture, security agreements or agreement and other debt instruments to which it is a party or instrument by which it is bound.
Appears in 1 contract
Samples: Credit Agreement (Flowers Foods Inc)
Performance of Obligations. The Borrower will perform (shall, and will shall cause each of its Subsidiaries to perform) in all material respects to, perform all of its obligations under the terms of all material agreements(i) each mortgage, indentures, mortgagesindenture, security agreements agreement, debt instrument, lease, undertaking and contract by which it or other debt instruments any of its properties is bound or to which it is a party if the failure to so perform, individually or by which it is boundin the aggregate, could reasonably be expected to result in a Material Adverse Effect and (ii) the Certificate of Incorporation and By-Laws of Borrower.
Appears in 1 contract
Samples: Credit Agreement (Synapse Group Inc)
Performance of Obligations. The Borrower will perform (and will cause each of its Subsidiaries to perform) in all material respects all of its obligations (including, except as may be otherwise prohibited or contemplated hereunder, payment of Indebtedness in accordance with its terms) under the terms of the Project Contracts to which it is a party and all other material agreements, indentures, mortgages, security agreements or other debt instruments to which it is a party or by which it is bound.
Appears in 1 contract
Samples: Loan Agreement (Itc Deltacom Inc)