Common use of Performance of Obligations Clause in Contracts

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)

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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 (Consolidated Natural Gas Co/Va), Credit Agreement (Virginia Electric & Power Co), Credit Agreement (Dominion Resources Inc /Va/)

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 (Virginia Electric & Power Co), Revolving Credit Agreement (Dominion Energy South Carolina, Inc.), 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 C Agreement (Brandywine Operating Partnership, L.P.), Term Loan C 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 (Dominion Resources Inc /Va/), Letter of 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 (Hunt Manufacturing Co), Credit Agreement (Personnel Group of America 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 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 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 party, except where the failure to perform such obligations individually or by which it is boundin the aggregate could not reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Credit Agreement (Cke Restaurants Inc), Credit Agreement (Cke Restaurants Inc), Credit Agreement (Cke Restaurants 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 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 (Dominion Energy South Carolina, Inc.)

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: Credit Agreement (Dominion Resources Inc /Va/), Credit Agreement (Dominion Resources Inc /Va/), 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), Term Loan 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 (Southern Power Co), Credit Agreement (Alabama Power Co)

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 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: Credit Agreement (Dominion Resources Inc /Va/), Credit Agreement (Dominion Resources Inc /Va/), Credit Agreement (Virginia Electric & 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: Revolving Credit Agreement (Dominion Energy, Inc), Day Term Loan Credit Agreement (Dominion Energy, Inc), Revolving Credit Agreement (Dominion Energy, Inc)

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: Day Term Loan Credit Agreement (Dominion Energy Inc /Va/), Day Term Loan Credit Agreement (Dominion Energy Inc /Va/)

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 (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: www.sec.gov, PCT LLC

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 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: And (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 (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)

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 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 boundbound unless the failure to do so will not have or be reasonably expected to have a material adverse effect on the ability of the Borrower to perform its obligations under this Credit Agreement or the other Credit Documents.

Appears in 1 contract

Samples: Credit Agreement (Knoll Inc)

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

Samples: Credit Agreement (Eagle Picher Technologies LLC)

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

Samples: Term Loan Agreement (PNM Resources Inc)

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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 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

Samples: Term Loan 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 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

Samples: Term Loan Credit Agreement (PNM Resources Inc)

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: Credit 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 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 (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 (Each of the Borrowers and each of the Guarantors will, and will cause each of its their respective 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 agreements, and other debt instruments to which it is a party or by which it is boundbound except to the extent that the failure to do so will not result in a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Friedmans 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 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

Samples: Credit Agreement (Cke Restaurants 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 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

Samples: Assignment Agreement (Platinum Technology 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 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 (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

Samples: Credit 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 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 (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: Pledge and Security Agreement (Flowers Foods 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 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 (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)

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