The Kodiak Covenant Sample Clauses

The Kodiak Covenant. Kodiak agrees to use reasonable efforts to arrange three (3) financings (the "Additional Financings"), each in the amount of $840,000; one to close at the end of July 1999 (the "July Financing") at a price which is the greater of $3.00 per share or 75% of the 10 day average closing price of Kodiak's common shares (for the 10 days prior to the close of the July Financing), one to close at the end of October, 1999 (the "October Financing") at a price which is the greater of $4.00 per share or 75% of the 10 day average closing price of Kodiak's common shares (for the 10 days prior to the close of the October Financing), and one to close at the end of December 1999 (the "December Financing") at a price which is the greater of $5.00 per share or 75% of the 10 day average closing price of the Kodiak's common shares (for the 10 days prior to the close of the October Financing). The Additional Financings will be arranged by Sonora Capital Corp. pursuant to an agreement (the "Additional Financings Agreement") between Kodiak and Sonora Capital Corp., the terms of which agreement will be approved by the Principal Vendors.
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Related to The Kodiak Covenant

  • Reporting Covenant So long as any Guaranteed Obligations shall remain unsatisfied or any Lender shall have any Commitment, each Guarantor agrees that it shall furnish to the Administrative Agent such information respecting the operations, properties, business or condition (financial or otherwise) of such Guarantor or its Subsidiaries as the Administrative Agent, at the request of any Guaranteed Party, may from time to time reasonably request.

  • Interim Covenants During the period from the date of this Agreement and continuing until the Closing, the Seller and the Stockholders each agree (except as expressly contemplated by this Agreement or to the extent that Buyer shall otherwise consents in writing) that:

  • Ship Covenants The undertakings in this Clause 21 remain in force throughout the Security Period.

  • Operating Covenants The Issuer covenants with the Indenture Trustee as follows, provided that any of the following covenants with respect to the Portfolio Railcars shall not be deemed to have been breached by virtue of any act or omission of a Lessee or sub-lessee, or of any Person which has possession of a Portfolio Railcar for the purpose of repairs, maintenance, modification or storage, or by virtue of any requisition, seizure, or confiscation of a Portfolio Railcar (other than seizure or confiscation arising from a breach by the Issuer of such covenant) (each, a “Third Party Event”), so long as (i) none of the Issuer, the Servicer or the Administrator has consented to such Third Party Event; and (ii) the Issuer (or the Servicer on its behalf) as the Lessor of such Portfolio Railcar promptly and diligently takes such commercially reasonable actions as a leading railcar operating lessor would reasonably take in respect of such Third Party Event, including, as deemed appropriate (taking into account, among other things, the laws of the jurisdiction in which such Portfolio Railcar is located or operated), seeking to compel such Lessee or other relevant Person to remedy such Third Party Event or seeking to repossess the relevant Portfolio Railcar:

  • REPORTING COVENANTS The Borrower agrees with the Lenders, the Issuers and the Administrative Agent to each of the following, as long as any Obligation or any Revolving Credit Commitment remains outstanding and, in each case, unless the Requisite Lenders otherwise consent in writing:

  • Tax Covenant 20 14.2 NOTICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 14.3

  • Interim Operating Covenants Seller covenants to Purchaser that Seller will:

  • Agreement and Covenants The Investor shall have performed or complied in all material respects with all agreements and covenants required by this Agreement to be performed or complied with by it on or prior to the Closing. Unless the Issuer receives written notification to the contrary at the Closing, the Issuer shall be entitled to assume that the preceding is accurate in all respects at the Closing.

  • Buyer Covenants The Buyer covenants as follows:

  • Post-Closing Covenant The Borrower agrees that it will, or will cause its relevant Subsidiaries to, complete each of the actions described on Schedule 9.14 as soon as commercially reasonable and by no later than the date set forth in Schedule 9.14 with respect to such action or such later date as the Administrative Agent may reasonably agree.

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