Covenants and Continuing Agreements. So long as any amount owing in respect of the Obligations (whether or not due) shall remain unpaid, Borrower covenants that, unless otherwise consented to by Lender in writing, it shall:
Covenants and Continuing Agreements. 123126 10.1 Affirmative Covenants 123126 10.2 Negative Covenants 136139 Section 11.
Covenants and Continuing Agreements. 9.1. Affirmative Covenants 9.2. Negative Covenants 9.3. Financial Covenants
Covenants and Continuing Agreements. Affirmative Covenants . So long as any principal of or interest on any Loan or any other Obligations (other than contingent obligations against which no claim has been asserted) are outstanding, each Borrower shall, and shall cause each Subsidiary to:
Covenants and Continuing Agreements. During the term of this Agreement, and thereafter for so long as there are any amounts outstanding hereunder to Borrower, Borrower covenants that it shall preserve and maintain its separate legal existence and all rights, privileges, and franchises in connection therewith.
Covenants and Continuing Agreements. Section 9.1 Affirmative Covenants..........................................................................18 Section 9.2 Negative Covenants.............................................................................21
Covenants and Continuing Agreements. 55 SECTION 6.1
Covenants and Continuing Agreements. Borrower agrees to:
(A) Pay to Lender, on demand, any and all fees, costs or expenses which Lender pays to a bank or other similar institution arising out of or in connection with (i) the forwarding to Borrower or any other Person on behalf of Borrower, by Lender, of proceeds of loans made by Lender to Borrower pursuant to this Agreement, and (ii) the depositing for collection, by Lender, of any check or item of payment received or delivered to Lender on account of the Liabilities;
(B) Promptly upon Borrower's learning, notify Lender of any material delay in Borrower's performance of any of its obligations to any Account Debtor and of any assertion of any claims, offsets, defenses or counterclaims by any Account Debtor and of any allowances or credits granted or other monies advanced by Borrower to any Account Debtor;
(C) Keep books of account and prepare financial statements and furnish to Lender the following (all of the foregoing and following to be kept and prepared in accordance with generally accepted accounting principles applied on a basis consistent, unless Borrower's independent certified public accountants concur in any changes and such changes are disclosed to Lender and are consistent with the then generally accepted accounting principles):
(i) as soon as available, but not later than one hundred twenty (120) days after the close of each fiscal year of Borrower, financial statements of Borrower (including a balance sheet and profit and loss statement with supporting footnotes) as of the end of such year and for the year then ended all in reasonable detail as requested by Lender and examined by a firm of independent certified public accountants of recognized national standing selected by Borrower and containing the unqualified opinion of such independent certified public accountants with respect to the financial statements;
(ii) as soon as available, but no later than thirty (30) days after the end of each month, (A) an unaudited financial statement of Borrower (including a statement of profit and loss and of surplus for the month then ended and a balance sheet as of the end of such month) as of the end of the portion of Borrower's fiscal year then elapsed, all in reasonable detail as requested by Lender and certified by Borrower's principal financial officer as prepared in accordance with generally accepted accounting principles and fairly presenting the financial position and results of operations of Borrower for such period and (B) a cash fl...
Covenants and Continuing Agreements. 102103 10.1Affirmative Covenants 102103 10.2Negative Covenants 107 10.3Financial Covenants 115 Section 00.XXXXXX OF DEFAULT; REMEDIES ON DEFAULT. 116 11.1Events of Default 116 11.2Remedies upon Default 118 11.3License 119 11.4Setoff 119 11.5Remedies Cumulative; No Waiver. 119120 Section 12.AGENT. 120 12.1Appointment, Authority and Duties of Agent. 120 12.2Agreements Regarding Collateral and Borrower Materials 121 12.3Reliance By Agent 122 12.4Action Upon Default 122 12.5Ratable Sharing 122123 12.6Indemnification 122123 12.7Limitation on Responsibilities of Agent 123 12.8Successor Agent and Co-Agents. 123124 12.9Due Diligence and Non-Reliance 124 12.10Remittance of Payments and Collections. 124125 12.11Individual Capacities 125126 12.12Titles 125126 12.13Certain ERISA Matters. 126 12.14Bank Product Providers 126127 12.15No Third Party Beneficiaries 126127 12.16Appointment of Agent as Security Trustee 127 Section 13.BENEFIT OF AGREEMENT; ASSIGNMENTS. 130 13.1Successors and Assigns 130 13.2Participations. 130 13.3Assignments. 131 13.4Replacement of Certain Lenders 132 13.5Lender Loss Sharing Agreement. 132133 Section 14.MISCELLANEOUS. 134 14.1Consents, Amendments and Waivers 134 14.2Indemnity 135 14.3Notices and Communications 135136 14.4Performance of Obligors’ Obligations 137138 14.5Credit Inquiries 138 14.6Severability 138 14.7Cumulative Effect; Conflict of Terms 138 14.8Execution 138 14.9Entire Agreement 138139 14.10Relationship with Lenders 139 14.11No Advisory or Fiduciary Responsibility 139 14.12Confidentiality 139140 14.13GOVERNING LAW 140 14.14Consent to Forum 140 14.15Waivers by Obligors 141 14.16Acknowledgement Regarding Supported QFCs 141142 14.17Acknowledgement and Consent to Bail-In of Affected Financial Institutions 142 14.18Patriot Act Notice 142143 14.19UK “know your customer” requirements. 143 14.20NO ORAL AGREEMENT 143 EXHIBIT A Assignment EXHIBIT BEXHIBIT C Compliance CertificateSecured Bank Product Notice SCHEDULE 1.1(a) Commitments of Lenders SCHEDULE 1.1(b) Existing Letters of Credit SCHEDULE 8.3 Deposit Accounts and Securities Accounts SCHEDULE 8.4.1 Business Locations SCHEDULE 9.1.4 Names and Capital Structure SCHEDULE 9.1.14 Environmental Matters SCHEDULE 9.1.15 Restrictive Agreements SCHEDULE 9.1.16 Litigation SCHEDULE 9.1.18 Pension Plans SCHEDULE 9.1.20 Labor Contracts SCHEDULE 10.1.13 Post-Closing Maters SCHED...
Covenants and Continuing Agreements. 34 5.1. Affirmative Covenants. . . . . . . . . . . . . . . . 34 5.2. Negative Covenants.. . . . . . . . . . . . . . . . . 39 5.3. Financial Covenants. . . . . . . . . . . . . . . . . 42
