Supplemental Terms, Conditions and Covenants Sample Clauses

Supplemental Terms, Conditions and Covenants. The parties hereto agree to comply with the following terms, conditions and covenants, in each case notwithstanding any provision to the contrary set forth in any Transaction Document:
Sample 1Sample 2Sample 3See All (6)
Supplemental Terms, Conditions and Covenants. The Credit Parties hereto hereby agree to comply with the terms, conditions and covenants set forth below from and after the Amendment No. 4 and Waiver Effective Date, in each case notwithstanding any provision to the contrary set forth in the Credit Agreement or any other Loan Document:
Sample 1
Supplemental Terms, Conditions and Covenants. The parties hereto hereby agree to comply with the following terms, conditions and covenants during the Forbearance Period and at any time after a Forbearance Default, in each case notwithstanding any provision to the contrary set forth in this Agreement, the Credit Agreement or any other Loan Document: (a) without limitation of the rights of Agent and the Lenders under the Credit Agreement, Borrower will provide such other reports and information as Agent may reasonably request; (b) Borrower will work cooperatively with Agent, the Lenders and their respective advisors, including participating in bi-weekly update calls with the steering committee and participating in calls with the Lenders (other than any Lender which has indicated that it does not wish to receive non-public information) on an as requested basis; (c) Borrower shall deliver to Agent for distribution to the “private side” Lenders a weekly cash flow forecast on a 13 week basis and provide weekly updates and variance reporting by the close of business of each Thursday; such cash flow forecast shall be in the form previously provided to Agent and such variance reporting shall be in a form reasonably acceptable to Agent; (d) without limitation of the rights of Agent and the Lenders under the Credit Agreement, Borrower and each other Loan Party shall: (i) give Agent, the “private side” Lenders and their respective representatives reasonable access during normal business hours to the offices, properties, officers, employees, accountants, auditors, counsel and other representatives, and books and records of Borrower and each other Loan Party, (ii) furnish to Agent, the Lenders and their respective representatives such financial, operating and property related data and other information as such persons reasonably request and (iii) instruct Borrower’s and any other Loan Party’s employees and financial advisors to cooperate reasonably with Agent, Lenders and their respective representatives in respect of the aforementioned clauses (i) and (ii) and, in furtherance thereof, Borrower and each other Loan Party each authorizes those representatives of Rothschild Inc. and Xxxxxxx & Marsal (collectively, the “Financial Advisors”) working with Borrower and the Loan Parties to disclose fully and promptly, after discussion with the Board of Directors of Aquilex Corporation, to Agent and its representatives (including Agent’s financial advisor, Zolfo Xxxxxx) all material developments in connection with the effor...
Sample 1
Supplemental Terms, Conditions and Covenants. The Company and the Guarantor (as applicable) agree to comply with the following terms, conditions and covenants notwithstanding any provision to the contrary set forth in the Indenture, the Loan Agreement or any other Financing Document or Bond Document: (a) As a condition to the effectiveness of this Limited Waiver and Second Supplemental Indenture, the Company shall deposit an additional $50,000,000 (the “Trustee Account Deposit”) in the Trustee Account (as defined in the Limited Waiver and First Supplemental Indenture, the “Trustee Account”), such that at least $100,000,000 (the “Aggregate Trustee Deposit”) shall be on deposit in the Trustee Account. Except as expressly set forth in the next succeeding sentence and Section 7(a) hereof, all amounts in the Trustee Account shall remain in the Trustee Account so long as any Bonds remain Outstanding and, notwithstanding anything to the contrary in the Indenture, the Loan Agreement or any other Financing Document or Bond Document, shall not be available for any withdrawals or transfers to other funds or accounts with the Trustee or any other uses by the Issuer or the Company for any purpose. Notwithstanding the foregoing, $50,000,000 of funds in the Trustee Account shall be released back to the Company upon satisfaction of the conditions set forth in Section 4.11(a) of the Guaranty. Notwithstanding the foregoing, if an Event of Default shall have occurred and is continuing and the Outstanding principal amount of the Bonds shall have been declared due and payable, the entire balance remaining in the Trustee Account shall be applied as directed by the Majority Holders. (b) The Company Parties expressly withdraw for all purposes that certain notice dated as of September 13, 2023, which purports to invoke a force majeure to excuse the Company’s failure to satisfy the Milestone (as defined in the Limited Waiver and First Supplemental Indenture) set forth in Section 2(e)(vii) of the Limited Waiver and First Supplemental Indenture. (c) The Company shall ensure the satisfaction of the following milestones (collectively, the “Milestones”) which, for the avoidance of doubt, shall replace the Milestones (as defined in the Limited Waiver and First Supplemental Indenture) set forth in Sections 2(e)(vii), 2(e)(viii), 2(e)(ix), 2(e)(x) and 2(e)(xi) of the Limited Waiver and First Supplemental Indenture: (i) the Company shall have produced 4.45 million pounds of pellets produced from Project feedstock for thirty (30) consec...
Sample 1
Supplemental Terms, Conditions and Covenants. The parties hereto hereby agree to comply with the following terms, conditions and covenants, in each case notwithstanding any provision to the contrary set forth in this Agreement, the Credit Agreement or any other Credit Document: (a) Retention of Financial Advisor for the Administrative Agent. Administrative Agent may, at its sole discretion, and at the cost and expense of the Borrower, engage one financial advisor for the benefit of itself and any of the Lenders and/or a steering committee for the Lenders under the Credit Agreement (the "Financial Advisor") to advise and assist Administrative Agent, Administrative Agent's counsel, and Lenders (and/or a steering committee for the Lenders) with their on-going assessment of Borrower's financial performance, such assistance to include, without limitation, the duties described in the engagement letter entered into between the Administrative Agent and the Financial Advisor ( a copy of which shall be provided to the Borrower). Administrative Agent and Lenders may elect to maintain the confidentiality of any conclusions reached or reports prepared by the Financial Advisor and may also provide that the Financial Advisor's conclusions shall be covered by the attorney work-product privilege. Borrower shall promptly reimburse Administrative Agent for the fees and expenses of the Financial Advisor in accordance herewith and Section 10.2 of the Credit Agreement. Borrower and the Guarantors each authorizes members of their senior management to (i) provide the Financial Advisor with reasonable access to Borrower's and Guarantors' books and records and premises, at reasonable times and subject to such Financial Advisor's representatives acting with all discretion reasonably appropriate under the circumstances (such access shall include, without limitation, (x) access to books and records relating to accounts receivable and accounts payable of Borrower and the Guarantors, all existing leases and contracts of Borrower and the Guarantors and all leases and contracts of Borrower and the Guarantors currently under negotiation (and the projected effects on Borrower's future profitability) and (y) reviews and inspections of Borrower's operations and the items outlined in clause (x) above), and (ii) make such members of senior management and Strategic Advisor (as defined below) reasonably available to consult with, and respond to the inquiries of, Administrative Agent, the Financial Advisor and Administrative Agent's counsel c...
Sample 1
Supplemental Terms, Conditions and Covenants. The parties hereto hereby agree to comply with the following terms, conditions and covenants, in each case notwithstanding any provision to the contrary set forth in this Agreement, the Financing Agreement or any other Loan Document, and unless otherwise expressly provided below, notwithstanding any expiration or termination of the Forbearance Period:
Sample 1

Related to Supplemental Terms, Conditions and Covenants

  • TERMS, CONDITIONS AND COVENANTS In consideration of the Purchase Price, each of the Seller and the Interim Eligible Lender Trustee for the benefit of the Seller hereby sells to each of the Purchaser and the Eligible Lender Trustee for the benefit of the Purchaser the entire right, title and interest of the Seller and the Interim Eligible Lender Trustee in the Loans accepted for purchase, subject to all the terms and conditions of the Sale Agreement Master Securitization Terms Number 1000, dated August 14, 2014 (the “Master Sale Terms”), and any amendments thereto permitted by its terms, incorporated herein by reference, among the Seller, the Purchaser, the Interim Eligible Lender Trustee and the Eligible Lender Trustee. The applicable Additional Loans Purchase Price shall be $[_____]. This document shall constitute an Additional Sale Agreement as referred to in the Master Sale Terms and, except as modified herein, each term used herein shall have the same meaning as in the Master Sale Terms. All references in the Master Sale Terms to Loans or Additional Loans or to Purchased Loans, as applicable, shall be deemed to refer to the Additional Loans governed by this Additional Sale Agreement. The Seller hereby makes the representations and warranties set forth in Sections 5(A) and (B) of the Master Sale Terms regarding the Additional Loans described in the related Additional Bxxx of Sale and the related Loan Transmittal Summary Form, as of the related Purchase Date. Each of the Seller and the Interim Eligible Lender Trustee for the benefit of the Seller authorizes the Eligible Lender Trustee for the benefit of the Purchaser to use a copy of the related Additional Bxxx of Sale, including the Loan Transmittal Summary Form attached to such Additional Bxxx of Sale (in lieu of OE Form 1074), as official notification to the applicable Guarantors of assignment to the Eligible Lender Trustee on behalf of the Purchaser of the Loans purchased pursuant hereto on the Purchase Date. The parties hereto intend that the transfer of Additional Loans described in the related Additional Bxxx of Sale and related Loan Transmittal Summary Form be, and be construed as, a valid sale of such Purchased Loans. However, in the event that notwithstanding the intention of the parties, such transfer is deemed to be a transfer for security, then each of the Interim Eligible Lender Trustee and the Seller hereby grants to the Purchaser and the Eligible Lender Trustee for the benefit of the Purchaser a first priority security interest in and to all Additional Loans described in the related Additional Bxxx of Sale and related Loan Transmittal Summary Form to secure a loan in an amount equal to the Purchase Price of such Purchased Loans.

  • Agreements, Conditions and Covenants The Purchaser shall have performed or complied with all agreements, conditions and covenants required by this Agreement to be performed or complied with by it on or before the Closing.

  • Conditions and Covenants All of the provisions of this Lease shall be deemed as running with the land, and construed to be “conditions” as well as “covenants” as though the words specifically expressing or imparting covenants and conditions were used in each separate provision.

  • GENERAL COVENANTS, CONDITIONS AND AGREEMENTS The Company hereby further covenants and agrees with each Purchaser as follows:

  • Additional Terms & Conditions Acknowledged and Agreed:

  • Other Terms & Conditions 15.6.1. On termination of License Agreement: a. All third party agreements, entered by the Licensee with respect to the said property business space, shall stand terminated with immediate effect ; b. In case of termination of agreement on account of Licensee’s Events of Default, the interest free Security Deposit shall be forfeited in favour of Maha-Metro. Any outstanding dues payable to Maha-Metro shall be adjusted/ recovered from the advance license fee and forfeited interest free Security Deposit. Balance outstanding dues, if remaining after adjustment of outstanding dues from the advance license fee and interest free Security Deposit, shall be recovered from the licensee. c. All utilities shall be disconnected with immediate effect, unless otherwise specified elsewhere, and 15.6.2. A notice of vacation shall be issued to the Licensee to vacate the premises within 30 days. i. On termination of the license agreement, the Licensee shall handover the vacant possession of premises to the Maha-Metro’s authorized representative within 30 days from the date of termination of License Agreement, after removal of plants, equipments, furniture, fixtures, etc. installed by the Licensee at its own cost, without causing damage to Maha-Metro structures. The Licensee shall be allowed to remove their temporary structures, assets like furniture, almirahs, airconditioners, DG sets, equipments, etc without causing damage to the structure. However, the Licensee shall not be allowed to remove any facility, equipment, fixture, etc. which has become an integral part of the development plan of the space. The Licensee agrees voluntarily and un-equivocally not to seek any claim, damages, compensation or any other consideration whatsoever on this account. If the premise is not handed over in good condition as required under this clause, Maha-Metro reserves the right to deduct/ recover damage charges. No grace period shall be provided to licensee, if licensee terminates the contract within the lockin period. ii. If the Licensee fails to vacate the premises within the grace period of thirty (30) days, penalty of twice the prevalent monthly License Fee shall be chargeable for occupation for this thirty (30) days period. And, after lapse of this 30 (thirty) days grace period, Maha- Metro shall take over the goods / property treating at NIL/ Zero value, even if it is under lock & key; and shall be free to dispose-off the property in whatsoever manner as it deems fit. Licensee shall have no claim for compensation or consideration / damages after completion of grace period. If, licensee fails to pay the penalty, applicable in case of non- vacation of premises, the same shall be adjusted from the Interest Free Security Deposit available with Maha-Metro. No grace period shall be provided to licensee, if licensee terminates the contract within the lock-in period. iii. After vacating the premises, the Licensee shall submit a vacation certificate from the Maha-Metro’s authorized representative as a proof of Licensee having vacated the site. Licensee’s statement regarding vacation, without a vacation certificate from the Station in-charge or its authorized representative, shall not be accepted. iv. The termination of this Agreement shall not relieve either party from its obligation to pay any sums then owing to the other party nor from the obligation to perform or discharge any liability that had been incurred prior thereto. The Licensee shall be liable to pay all dues outstanding to Maha-Metro including electricity, chiller and other utility charges under this agreement without prejudice to rights and remedies applicable under the law. The final settlement of dues shall take place after submission of vacation certificate from the Depot in charge or his authorized representative subsequent to termination of License Agreement. v. On termination of Agreement, Maha-Metro shall have rights to re-enter, re-market or to seal/ lock the Licensed Space.

  • GENERAL TERMS & CONDITIONS 23.1 TRAINING: Service Provider shall train designated Bank officials on the configuration, operation/ functionalities, maintenance, support & administration for software, application architecture and components, installation, troubleshooting processes of the proposed Services as mentioned in this Agreement.

  • Terms & Conditions The Contractor agrees to comply with the Terms and Conditions.

  • Termination of Covenants The covenants set forth in this Section 5, except for Subsections 5.5 and 5.6, shall terminate and be of no further force or effect upon the earliest to occur of: (i) immediately before the consummation of the IPO; (ii) when the Company first becomes subject to the periodic reporting requirements of Section 12(g) or 15(d) of the Exchange Act; or (iii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate.

  • Survival of Representations and Covenants (a) The representations, warranties, covenants and agreements contained herein shall survive (without limitation): (i) the Closing and the sale of the Specified Assets to the Purchaser; (ii) any sale or other disposition of any or all of the Specified Assets by the Purchaser; and (iii) the dissolution or liquidation of any party to this Agreement. Except as set forth in Section 9.1(c), all of said representations, warranties, covenants and obligations shall survive without limitation as to time, unless the covenant or agreement specifies a term, in which such covenant or agreement shall survive until the expiration of such specified term. (b) The representations, warranties, covenants and obligations of the Seller , and the rights and remedies that may be exercised by the Indemnitees, shall not be limited or otherwise affected by or as a result of any information furnished to, or any investigation made by or any knowledge of, any of the Indemnitees or any of their Representatives. (c) For purposes of this Agreement, a "Claim Notice" relating to a particular representation or warranty shall be deemed to have been given if any Indemnitee, acting in good faith, delivers to the Seller a written notice stating that such Indemnitee believes that there is or has been a possible Breach of such representation or warranty and containing (i) a brief description of the circumstances supporting such Indemnitee's belief that there is or has been such a possible Breach, and (ii) a non-binding, preliminary estimate of the aggregate dollar amount of the actual and potential Damages that have arisen and may arise as a direct or indirect result of such possible Breach. (d) For purposes of this Agreement, each statement or other item of information set forth in the Disclosure Schedule or in any update to the Disclosure Schedule shall be deemed to be a representation and warranty made by the Seller in this Agreement.