Additional Agreements and Covenants. The parties further agree and covenant as follows:
Additional Agreements and Covenants. Section 5.1
Additional Agreements and Covenants. Section 5.01. Lease, Sale or Grant of Use by Company 11 Section 5.02. Indemnification of Issuer and Trustee 11 Section 5.03. Company Not to Adversely Affect Exclusion from Gross Income of Interest on Bonds 12
Additional Agreements and Covenants. OF THE PARTIES 15 Section 7.01 Change of Name. 15 Section 7.02
Additional Agreements and Covenants. The Buyer and Seller covenant as follows:
Additional Agreements and Covenants. (a) The Company shall, and shall cause its Subsidiaries to, keep proper books, records and accounts, in which full and correct entries shall be made of all financial transactions and the assets and business of the Company and each of its Subsidiaries in accordance with generally accepted accounting principles.
(b) The Company will promptly deliver to the Investor when available one copy of each annual report on Form 10-K and quarterly report on Form 10-Q of the Company, as filed with the SEC. In the event the Company is not required to file an annual report on Form 10-K or quarterly report on Form 10-Q, the Company may, in lieu of the requirements of the preceding sentence, deliver, or cause to be delivered, the following to the Investor:
(i) as soon as available, but not later than one hundred five (105) days after the end of each fiscal year of the Company (or, if not a Business Day, on the next succeeding Business Day), a copy of the audited consolidated balance sheet of the Company and its Subsidiaries as of the end of such fiscal year and the related statements of operations and cash flows for such fiscal year, setting forth in each case in comparative form the figures for the previous year, all in reasonable detail; and1
(ii) as soon as available, but in any event not later than fifty (50) days after the end of each of the first three fiscal quarters of each fiscal year (or, if not a Business Day, on the next succeeding Business Day), the unaudited consolidated balance sheet of the Company and its subsidiaries, and the related statements of operations and cash flows for such quarter and for the period commencing on the first day of the fiscal year and ending on the last day of such quarter.2
Additional Agreements and Covenants. Section 5.01. Lease, Sale or Grant of Use by Company ......................................................... 12 Section 5.02. Indemnification of Issuer and Trustee .............................................................. 13
Additional Agreements and Covenants. 13 Maintenance typically refers to basic, routine upkeep to prevent the deterioration of the facilities, such as annual servicing or repainting. Generally, this is the Tenant’s responsibility. Repairs generally keep the property in its ordinary, efficient, operating condition or restore the property to its original operating condition. Routine repairs such as a leaky faucet or broken fence rail are typically the responsibility of the Tenant. Major repairs (including replacements) such as new siding or roofing, heating systems, or foundation repair are typically the responsibility of the Landlord, unless otherwise expressly assigned in the lease. Landlords of agricultural properties have fewer legal responsibilities than do Landlords of residential properties. A Tenant under a long-term lease may be held to greater maintenance, repair, and restoration responsibilities than a residential or shorter-term residential Tenant (which is how this section is drafted).
Additional Agreements and Covenants. 36 (a) Sale of Delphi Automotive Systems Receivable at Closing.............36 (b) General.............................................................36 (c) Litigation Support..................................................36 (d) Transition..........................................................36 (e) Confidentiality.....................................................37 (f) Termination of Bank Facilities; Release of Guaranties...............37 (g)
Additional Agreements and Covenants. RIGHT OF INSPECTION 10 SECTION 5.2 BORROWER TO MAINTAIN ITS EXISTENCE; SALES OF ASSETS OR MERGERS 10 SECTION 5.3 INDEMNIFICATION 11 SECTION 5.4 BORROWER NOT TO ADVERSELY AFFECT EXCLUSION FROM GROSS INCOME OF INTEREST ON BONDS 13 SECTION 5.5 AFFIRMATIVE COVENANTS 13 SECTION 5.6 ADDITIONAL INDEBTEDNESS 15 SECTION 5.7 NATURE OF BUSINESS 15 SECTION 5.8 CONTROL OF BORROWER AND FHA LENDER 15 SECTION 5.9 COOPERATION IN ENFORCEMENT OF REGULATORY AGREEMENT 15 SECTION 5.10 TAX EXEMPT STATUS OF THE BONDS 16
