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 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. 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 covenants and agreements contained in this Agreement to be complied with by the Company on or before the Closing shall have been complied with in all material respects, and the Parent shall have received a certificate signed on behalf of the Company by an officer of the Company to such effect.
Performance of the Company’s Obligations. Should the Company fail to make any payment or to do any act as herein provided, the Agency 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 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 immediately upon demand all sums so incurred or expended by the Agency under the authority hereof, together with interest thereon at the Default Interest Rate or the maximum rate permitted by law, whichever is less.
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.
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. The Company and the -------------------------------------------- Sellers will have performed in all material respects all covenants and agreements required to be performed by the Company under this Agreement on or before the Closing Date.
