Performance of Project Documents. The Issuer shall, and shall cause each of its Subsidiaries to, perform and observe their respective covenants and obligations under all of the Project Documents, except where the failure to do so could not reasonably be expected to result in a Material Adverse Effect.
Performance of Project Documents. The Borrower shall, and shall cause its Subsidiaries to perform and observe in all material respects all of its covenants and agreements contained in any of the Project Documents to which it is or becomes a party, shall take and shall cause its Subsidiaries to take all necessary action to prevent the early termination of any such Project Documents in accordance with the terms thereof or otherwise, and shall take and shall cause its Subsidiaries to take any and all action as may be reasonably necessary promptly to enforce its rights and to collect any and all sums due to it under the Project Documents.
Performance of Project Documents. 19.6.1. The Borrower shall:
19.6.1.1. duly perform and observe in all material respects, all its obligations under any Project Document to which it is a party;
19.6.1.2. not novate, assign or transfer any of its rights or obligations under or in connection with any Project Document to which it is a party other than to the Security Agent or Security SPV under the relevant Security Document;
19.6.1.3. not do (or omit to do) anything which would constitute a Material Adverse Effect on the performance by any counterparty of any of its obligations under each Project Document to which it is a party;
19.6.1.4. not exercise or rely upon any right of set-off, counterclaim or analogous right so as to reduce any amount payable to it under any Project Document to which it is a party.
19.6.2. The Borrower shall exercise all its rights, powers and discretions under each Offtake Contract, except as to matters which do not materially affect the interests of the Finance Parties, in accordance with the instructions of the Facility Agent, provided that the Borrower in so doing shall not be obliged to breach the terms of any Offtake Contract.
19.6.3. The Borrower shall ensure (to the best of its ability and control) that it pursues all claims which may arise under any Project Document appropriately.
19.6.4. Notwithstanding any term of any Offtake Contract to the contrary, the Borrower shall not suspend production of Products at any time, except on a short term temporary basis in the ordinary course of trading where such temporary suspension of production would not in any way whatsoever result in the Borrower being unable fully and punctually to perform its obligations under any Finance Document or Project Document to which it is a party, provided that the Borrower shall be entitled to suspend production of Products at any time and for so long as the prevailing economic conditions subsisting at the time are materially (and adversely) different to those assumptions on the basis of which the Mine Plan was determined provided that such suspension does not result in an Event of Default.
19.6.5. Save for any Offtake Agreement in force and effect as at the Effective Date, the Borrower shall not accept payment under any Offtake Contract in Gold or otherwise than in cash without the prior written consent of the Facility Agent.
19.6.6. The Borrower shall not enter into any Offtake Contract with credit terms of more than 2 (two) Business Days.
19.6.7. The Borrower shall not enter into o...
Performance of Project Documents. (a) The Company will, and for so long as the Manager is an affiliate of a Sponsor, will cause the Manager to: (i) perform and observe, in all material respects, all of its covenants and agreements contained in any of the Project Documents to which it is or becomes a party; (ii) cause all Project Participants to make all Dollar-denominated payments payable to the Company in accordance with the Project Documents to which it is a party to the Accounts Bank for deposit in the appropriate Account in accordance with the Accounts Agreement and the applicable Consent Agreement; and (iii) enforce its respective rights under the Project Documents, including all rights to collect all amounts thereunder.
(b) The Company will, with respect to any Manager that is not an Affiliate of a Sponsor, enforce its rights against such Person to require performance pursuant to the above clause (a).
Performance of Project Documents perform its obligations under the Project Documents and take all reasonable steps to maintain the same in effect and to enforce its rights thereunder, except, in each case, where the failure to perform such obligations and maintain and enforce such rights could not reasonably be expected to have a Material Adverse Effect (except that in paragraph (b) of that definition, the reference to “Transaction Documents” shall instead be read as a reference to “Finance Documents”);
Performance of Project Documents. Each Borrower will, and will cause NPI to, (i) perform and observe all of its covenants and agreements contained in the Governmental Approvals, Insurance Policies and any of the Project Agreements to which it is a party, unless the failure to perform or observe such covenants and agreements could not reasonably be expected to result in a Material Adverse Effect, (ii) preserve, protect and defend the rights of each of Borrower and NPI contained in the Governmental Approvals, Insurance Policies and any of the Project Agreements to which it is a party, unless the failure to preserve, protect or defend such rights could not reasonably be expected to result in a Material Adverse Effect and (iii) maintain in full force and effect each of the Project Agreements and all contracts, permits and approvals relating thereto which are necessary for the maintenance and operation of each Project.
Performance of Project Documents. The Company shall perform all of its covenants, agreements and obligations under each of the Project Documents to which it is a party, except where the failure to do so could not have a Material Adverse Effect. The Company shall take such reasonable steps as may be necessary to enforce the material obligations of the other parties to the Project Documents.
Performance of Project Documents. The Partnership shall (a) perform and observe in all material respects all of its covenants and agreements contained in any of the Project Documents to which it is a party and (b) maintain in full force and effect each of the Project Documents and all contracts, permits and approvals relating thereto.
Performance of Project Documents. (a) Each Guarantor shall perform and observe, in all material respects, all of its covenants and agreements contained in any of the Project Documents to which it is or becomes a party, and shall take all necessary action to prevent the termination of any of the Project Documents in accordance with the terms thereof or otherwise (other than by virtue of the scheduled expiration in the ordinary course of such Project Document in accordance with its terms), unless (i) such Guarantor obtains a Ratings Affirmation in connection with such failure to perform and observe or such termination or (ii) such Guarantor shall deliver to the Trustee (A) a certificate of an Authorized Officer of such Guarantor describing in reasonable detail such failure to perform and observe or such termination and stating that such failure to perform and observe or such termination would not reasonably be expected to result in a Material Adverse Effect (under items (i), (ii) and (iv) of the definition of “Material Adverse Effect”) and (B) solely in the case of a failure to comply with or observe, in all material respects, any covenants and agreements contained in the relevant Project Document, written verification by the Independent Engineer that such failure to perform and observe would not reasonably be expected to result in a material adverse effect on the viability of the Project.
(b) Each Guarantor shall instruct all Project Participants to make all payments payable to such Guarantor to the Offshore Accounts Bank for deposit in the applicable Guarantor Collateral Accounts in accordance with the Guarantor Accounts Agreement.
Performance of Project Documents. Each of Funding Corp. and the Company (i) shall perform and observe in all material respects all its covenants and agreements contained in each of the Interim Financing Documents, the Collateral Documents the Steam Sales Agreement and the VEPCO Power Purchase Agreement and (ii) shall perform and observe in all material respects its covenants and agreements contained in each of the other Transaction Documents to which it is a party except where the failure to do so could not reasonably be expected to result in a Material Adverse Change.
