Performance of the Company’s Obligations. Should the Company fail to make any payment or to do any act as provided in the Transaction Documents beyond applicable notice and/or cure periods, if any, the Agency may, but shall not be obligated to, without notice to or demand on the Company and without releasing the Company from any obligation herein, make or do the same, including, without limitation, appearing in and defending any action purporting to affect the rights or powers of the Company or the Agency, and paying all fees, costs and expenses, including, without limitation, reasonable attorneys’ fees, incurred by the Agency in connection therewith; and the Company shall pay promptly upon demand all sums so incurred or expended by the Agency under the authority hereof, together with interest thereon, at the Default Interest Rate, from the date of written demand to the Company.
Performance of the Company’s Obligations. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Effective Time.
Performance of the Company’s Obligations. Should the Company fail to make any payment or to do any act as provided in the Transaction Documents beyond applicable notice and/or cure periods, if any, the Agency may, but shall not be obligated to, without notice to or demand on the Company and without releasing the Company from any obligation herein, make or do the same, including, without limitation, appearing in and defending any action purporting to affect the rights or powers of the Company or the Agency, and paying all fees, costs and expenses, including, without limitation, reasonable attorneys’ fees, incurred by the Agency in connection therewith; and the Company shall pay promptly within ten (10) business days of written demand all sums so incurred or expended by the Agency under the authority hereof, together with interest thereon, at the Default Interest Rate, from the date of written demand to the Company.
Performance of the Company’s Obligations. The Company shall have performed all of its obligations to be performed hereunder and under the Indenture prior to or on the Closing Date and you shall have received an Officers' Certificate, dated the Closing Date, to that effect.
Performance of the Company’s Obligations. The Company shall have performed in all material respects all agreements and covenants required to be performed by it under this Agreement on or before the Closing and in all cases, except where the failure to perform such agreements and covenants has not caused and is not reasonably likely to result in a Material Adverse Effect on the business and operations of the Company. Parent shall have received a certificate signed by an officer of the Company to such effect on the Closing Date.
Performance of the Company’s Obligations. (a) The Company shall remain at all times bound by and liable to perform all of the obligations and liabilities assumed by it under or in respect of the Security Assets to the same extent as if the security created pursuant to this Deed had not been created.
(b) The exercise by the Lender or any Delegate or any Receiver, or any of its or their agents or nominees, of any of the rights, benefits, interests or claims created pursuant to this Deed shall not release the Company from any of its obligations towards the Lender.
(c) The Lender shall not, by reason of this Deed or anything arising out of this Deed or anything done or in connection with it, have any obligation or liability whatsoever to any person (including the Company) to:
(i) perform any of the obligations assumed by the Company under or in respect of the Secured Liabilities or the Security Assets;
(ii) enforce payment or performance of any obligations of any person or party to any of the Secured Liabilities; or
(iii) make any enquiry as to the nature or sufficiency of any payment received by it under or in respect of this Deed or any of the Security Assets or to make any claim or take any action to collect any moneys or to exercise any of the rights assigned to the Lender to which the Lender may be at any time entitled pursuant to this Deed, or to make any payment in respect of the Security Assets.
(d) The provisions of this clause 4.4 shall apply notwithstanding any other provision of this Deed or any contrary or inconsistent provision of any Finance Document or other agreement or document.
Performance of the Company’s Obligations. All of the covenants and agreements required by this Agreement to be complied with and performed by the Company, the Partnership or the Partnership Merger Sub on or before the Closing shall have been duly complied with and performed in all material respects.
Performance of the Company’s Obligations. If the Company shall fail to pay or perform any obligation under this Agreement, the Trustee may pay or perform such obligation in its own name or in the Company's name and is hereby irrevocably appointed the Company's attorney-in-fact for such purpose. Unless an Event of Default exists, the Trustee shall give at least five (5) Business Days' notice to the Company before taking action under this Section, except that in the case of emergency as reasonably determined by the Trustee or the Holders of at least a majority in principal amount of the Outstanding Bonds, it may act on lesser notice or give the notice promptly after rather than before taking the action. The reasonable cost of any such action by the Trustee shall be paid or reimbursed by the Company with interest at the interest rate publicly announced by the Trustee as its prime rate.
Performance of the Company’s Obligations. On the date hereof, EPII shall deliver to Xxxxx a certificate (the form and substance of which are satisfactory to Xxxxx and its counsel), signed by the secretary or an assistant secretary of EPII, certifying as to (a) the names of the officers of the Company authorized to sign this Agreement and all other documents and instruments executed and/or delivered in connection herewith or therewith, (b) specimens of the true signatures of such officers, on which Xxxxx may conclusively rely, and (c) the truth and correctness of documents and instruments executed and/or delivered in connection herewith and therewith (including, without limitation, those entered into with Fleet).
Performance of the Company’s Obligations. Should the Company fail to make any payment or to do any act as herein provided, the Issuer, the Trustee or the Bank may, but need not, without notice to or demand on the Company and without releasing the Company from any obligation herein, make or do the same, including, without limitation, appearing in and defending any action purporting to affect the rights or powers of the Company or the Issuer, and paying all fees, costs and expenses, including, without limitation, reasonable attorneys' fees, incurred by the Issuer, the Trustee or the Bank in connection therewith; and the Company shall pay immediately upon demand all sums so incurred or expended by the Issuer, the Trustee or the Bank under the authority hereof, together with interest thereon, at the Default Interest Rate.
