Preservation of Contracts. Other than in the Debtor's ordinary course of business, without the prior written consent of the Secured Party, the Debtor will not: (a) modify, change, alter, extend, terminate, cancel, tender or accept surrender of any of the Contracts; (b) reduce, discount, compromise, settle, waive, release or set-off the amount of any sums payable thereunder, vary the terms of payment or otherwise change, alter or modify the same, or consent to the subordination of interest of any part thereto, or waive, excuse, condone or in any manner release or discharge any party thereunder of or from their respective obligations, covenants, conditions and agreements required to be performed; (c) execute any agreement which would prevent the Secured Party from acting as the Debtor, as provided herein; nor (d) alienate, assign, pledge, transfer or encumber any of the rights or interests of the Debtor therein or thereto, including the sums due or to become due thereunder, other than pursuant to Permitted Liens.
Preservation of Contracts. Borrower shall take all actions and do all things as are required under the terms of the agreements which are part of the Collateral, to observe, protect and preserve the rights granted thereby to Borrower. Borrower shall take no actions which shall result in or have the effect of, in any material way, releasing, derogating or otherwise adversely impacting any contract rights arising under the Collateral;
Preservation of Contracts. During the Term, Buyer shall not sell, convey, transfer, assign or deliver any interest in any Gas Supply Contract or Gas Transportation Contract to any Person, except as specifically provided in this Agreement and as set forth in Schedule 6.3. Seller shall take no action with respect to any Gas Supply Contract or Gas Transportation Contract that prevents Buyer from receiving the full economic benefits of all of the Gas Supply Contracts or Gas Transportation Contracts after the end of the Term with no diminution in such assets occurring during the Term. Buyer may not terminate or otherwise recall Seller's agency except as provided in Article 14; provided, however, Buyer may advise any supplier that Buyer's designation of Seller as its agent for any Gas Supply Contract is subject to recall.
Preservation of Contracts. Seller shall not reject any Contract unless such Contract is designated by Buyer as an Excluded Contract or unless otherwise agreed in writing by Buyer. Seller shall provide timely and proper written notice of the motion seeking entry of the Sale Order to all parties to Assumed Contracts and take all other actions necessary to cause such Assumed Contracts to be assumed by Seller and assigned to Buyer pursuant to Section 365 of the Bankruptcy Code, and Buyer shall, at or prior to Closing, comply with all requirements under Section 365 of the Bankruptcy Code necessary to assign to Buyer the Assumed Contracts.
Preservation of Contracts. The Borrower shall not, without the prior written approval of the Lender, terminate or cancel its contracts or agreements with the General Contractor or the Construction Inspector for the providing of labor, services or materials in connection with the construction of the Project. The Borrower shall not materially modify any contract with any contractor, subcontractor, architect or engineer without the Lender's prior written consent, said consent not to be unreasonably withheld, conditioned or delayed. Subsequent to the Closing Date, notice must be given to the Lender by the Borrower of any contractors or architects contracted with by the Borrower as substitutes for the General Contractor or the Construction Inspector or as additional general contractors, architects or project coordinators, and the Lender has the right to approve or disapprove such substitution in its reasonable discretion and to require the submission of any additional Loan documentation regarding such substitutes reasonably required by the Lender for such approval or disapproval. The Borrower shall not, without the prior consent of the Lender (said consent not to be unreasonably withheld, conditioned or delayed): (i) modify or amend the terms of the Borrower Plans or the Construction Documents; or (ii) waive or release the performance of any material obligation to be performed by the General Contractor thereunder
Preservation of Contracts. From the date hereof until the expiration of the Designation Rights Period, Sellers shall not reject any Assignable Contract unless such Assignable Contract is designated by Buyer as an Excluded Contract or unless otherwise agreed to in writing by Buyer.
Preservation of Contracts. Borrower shall not, without the prior written approval of Bank, terminate or cancel its contracts or agreements with any Person furnishing labor, services, materials, parts or equipment to or in connection with the Improvements. Borrower shall not modify any contract with any Person furnishing labor, services, materials, parts or equipment to or in connection with the Improvements, without Bank’s prior written consent. Subsequent to the Closing Date, Borrower must give Bank prior written notice of any architects, engineers, contractors, construction inspectors and other Persons who Bxxxxxxx proposes to contract with. Borrower shall also provide Bank prior written notice of any Persons Borrower desires to contract with as additional architects, engineers, general contractors or other Persons to furnish labor, services, materials, parts or equipment in or to the Improvements. Bank has the right to approve or disapprove such substitutions and to approve or disapprove such additions in its reasonable discretion and to require the submission of any additional documentation Bank deems relevant regarding such substitutions and additions prior to making its decision on whether to approve or disapprove. Intentionally Deleted.
