Common use of UNDERTAKINGS BY THE BORROWER Clause in Contracts

UNDERTAKINGS BY THE BORROWER. 5.1 The Borrower undertakes to the Lender that until all the Loans have been repaid in full by the Borrower to the Lender: 5.1.1 the Borrower shall (immediately upon it becoming aware of such occurrence) notify the Lender of the occurrence of any Event of Default and of any other event which, with the giving of notice or lapse of time or both, might constitute an Event of Default and at the same time inform the Lender of any action taken or proposed to be taken in connection with that Event of Default; 5.1.2 the Borrower will continue its business, being the conduct of mining operations, including but not limited to the re-treatment of sand dumps, slime dumps and archive material deposits; 5.1.3 the Borrower shall maintain in full force and effect all authorisations, approvals, licences, registrations, consent or declarations from all legislative bodies of government, ministries, agencies or other authorities required by the laws of South Africa or otherwise appropriate in order for the Borrower- 5.1.3.1 to incur the obligations expressed to be assumed by it in or pursuant to this Memorandum; 5.1.3.2 to execute and deliver all other documents and instruments to be delivered by it pursuant to this Memorandum; 5.1.3.3 to perform and observe the terms and provisions of this Memorandum; 5.1.3.4 to make all payments expressed to be required under this Memorandum; and 5.1.3.5 to render this Memorandum legal, valid, binding, enforceable and admissible in evidence. 5.2 The Borrower shall promptly furnish the Lender with such evidence of authority, authenticated specimen signatures and other documents and information as the Lender may reasonably request, on the request of the Lender, and perform all such other acts as may be necessary to carry out the intent of this Memorandum.

Appears in 2 contracts

Samples: Loan Agreement (Durban Roodepoort Deep LTD), Share Purchase Agreement (Durban Roodepoort Deep LTD)

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UNDERTAKINGS BY THE BORROWER. 5.1 3.1 The Borrower undertakes to the Lender that until all the Loans have Loan has been repaid in full by the Borrower to the Lender: 5.1.1 3.1.1 the Borrower shall (immediately upon it becoming aware of such occurrence) notify the Lender of the occurrence of any Event of Default and of any other event which, with the giving of notice or lapse of time or both, might constitute an Event of Default and at the same time inform the Lender of any action taken or proposed to be taken in connection with that Event of Default; 5.1.2 3.1.2 the Borrower will continue its business, being the conduct of mining operations, including but not limited to the re-treatment of sand dumps, slime dumps and archive material deposits; 5.1.3 3.1.3 the Borrower shall maintain in full force and effect all authorisations, approvals, licences, registrations, consent or declarations from all legislative bodies of government, ministries, agencies or other authorities required by the laws of South Africa or otherwise appropriate in order for the Borrower- 5.1.3.1 3.1.3.1 to incur the obligations expressed to be assumed by it in or pursuant to this Memorandum; 5.1.3.2 3.1.3.2 to execute and deliver all other documents and instruments to be delivered by it pursuant to this Memorandum; 5.1.3.3 3.1.3.3 to perform and observe the terms and provisions of this Memorandum; 5.1.3.4 3.1.3.4 to make all payments expressed to be required under this Memorandum; and 5.1.3.5 3.1.3.5 to render this Memorandum legal, valid, binding, enforceable and admissible in evidence. 5.2 3.2 The Borrower shall promptly furnish the Lender with such evidence of authority, authenticated specimen signatures and other documents and information as the Lender may reasonably request, on the request of the Lender, and perform all such other acts as may be necessary to carry out the intent of this Memorandum.

Appears in 1 contract

Samples: Loan Agreement (Durban Roodepoort Deep LTD)

UNDERTAKINGS BY THE BORROWER. 5.1 3.1 The Borrower undertakes to the Lender that until all the Loans have Loan has been repaid in full by the Borrower to the Lender: 5.1.1 3.1.1 the Borrower shall (immediately upon it becoming aware of such occurrence) notify the Lender of the occurrence of any Event of Default and of any other event which, with the giving of notice or lapse of time or both, might constitute an Event of Default and at the same time inform the Lender of any action taken or proposed to be taken in connection with that Event of Default; 5.1.2 the Borrower will continue its business, being the conduct of mining operations, including but not limited to the re-treatment of sand dumps, slime dumps and archive material deposits; 5.1.3 3.1.2 the Borrower shall maintain in full force and effect all authorisations, approvals, licences, registrations, consent or declarations from all legislative bodies of government, ministries, agencies or other authorities required by the laws of South Africa or otherwise appropriate in order for the Borrower-Borrower - 5.1.3.1 3.1.2.1 to incur the obligations expressed to be assumed by it in or pursuant to this Memorandum; 5.1.3.2 3.1.2.2 to execute and deliver all other documents and instruments to be delivered by it pursuant to this Memorandum; 5.1.3.3 3.1.2.3 to perform and observe the terms and provisions of this Memorandum; 5.1.3.4 3.1.2.4 to make all payments expressed to be required under this Memorandum; and 5.1.3.5 3.1.2.5 to render this Memorandum legal, valid, binding, enforceable and admissible in evidence. 5.2 3.2 The Borrower shall promptly furnish the Lender with such evidence of authority, authenticated specimen signatures and other documents and information as the Lender may reasonably request, on the request of the Lender, and perform all such other acts as may be necessary to carry out the intent of this Memorandum.

Appears in 1 contract

Samples: Loan Agreement (Durban Roodepoort Deep LTD)

UNDERTAKINGS BY THE BORROWER. 5.1 4.1 The Borrower undertakes to the Lender that until all the Loans have Loan has been repaid in full by the Borrower to the Lender: 5.1.1 4.1.1 the Borrower shall (immediately upon it becoming aware of such occurrence) notify the Lender of the occurrence of any Event of Default and of any other event which, with the giving of notice or lapse of time or both, might constitute an Event of Default and at the same time inform the Lender of any action taken or proposed to be taken in connection with that Event of Default; 5.1.2 4.1.2 the Borrower will continue its business, being the conduct of mining operations, including but not limited to the re-treatment of sand dumps, slime dumps and archive material deposits; 5.1.3 4.1.3 the Borrower shall maintain in full force and effect all authorisations, approvals, licences, registrations, consent or declarations from all legislative bodies of government, ministries, agencies or other authorities required by the laws of South Africa or otherwise appropriate in order for the Borrower- 5.1.3.1 4.1.3.1 to incur the obligations expressed to be assumed by it in or pursuant to this MemorandumAgreement; 5.1.3.2 4.1.3.2 to execute and deliver all other documents and instruments to be delivered by it pursuant to this MemorandumAgreement; 5.1.3.3 4.1.3.3 to perform and observe the terms and provisions of this MemorandumAgreement; 5.1.3.4 4.1.3.4 to make all payments expressed to be required under this MemorandumAgreement; and 5.1.3.5 4.1.3.5 to render this Memorandum Agreement legal, valid, binding, enforceable and admissible in evidence. 5.2 4.2 The Borrower shall promptly furnish the Lender with such evidence of authority, authenticated specimen signatures and other documents and information as the Lender may reasonably request, on the request of the Lender, and perform all such other acts as may be necessary to carry out the intent of this MemorandumAgreement.

Appears in 1 contract

Samples: Loan Agreement (Durban Roodepoort Deep LTD)

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UNDERTAKINGS BY THE BORROWER. 5.1 3.1 The Borrower undertakes to the Lender that until all the Loans have Loan has been repaid in full by the Borrower to the Lender: 5.1.1 3.1.1 the Borrower shall (immediately upon it becoming aware of such occurrence) notify the Lender of the occurrence of any Event of Default and of any other event which, with the giving of notice or lapse of time or both, might constitute an Event of Default and at the same time inform the Lender of any action taken or proposed to be taken in connection with that Event of Default; 5.1.2 3.1.2 the Borrower will continue its business, being the conduct of mining operations, including but not limited to the re-treatment of sand dumps, slime dumps and archive material deposits; 5.1.3 3.1.3 the Borrower shall maintain in full force and effect all authorisations, approvals, licences, registrations, consent or declarations from all legislative bodies of government, ministries, agencies or other authorities required by the laws of South Africa or otherwise appropriate in order for the Borrower- 5.1.3.1 3.1.3.1 to incur the obligations expressed to be assumed by it in or pursuant to this Memorandum; 5.1.3.2 3.1.3.2 to execute and deliver all other documents and instruments to be delivered by it pursuant to this Memorandum; 5.1.3.3 3.1.3.3 to perform and observe the terms and provisions of this Memorandum; 5.1.3.4 3.1.3.4 to make all payments expressed to be required under this Memorandum; and 5.1.3.5 3.1.3.5 to render this Memorandum legal, valid, binding, enforceable and admissible in evidence. 5.2 3.2 The Borrower shall promptly furnish the Lender with such evidence of authority, authenticated specimen signatures and other documents and information as the Lender may reasonably request, on the request of the Lender, and perform all such other acts as may be necessary to carry out the intent of this Memorandum.

Appears in 1 contract

Samples: Loan Agreement (Durban Roodepoort Deep LTD)

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