Negative Covenants The Postpetition Financing Documents shall contain negative covenants of the Borrower acceptable to the Lender.
Covenants means the covenants set forth in Section 4 of this Agreement.
Affirmative Covenants The following affirmative covenants, among others, if any, to be negotiated in the Senior Facilities Documentation, will apply (to be applicable to the Borrower and its restricted subsidiaries), subject to customary (consistent with the Documentation Precedent) and other baskets, exceptions and qualifications to be agreed upon: maintenance of corporate existence and rights; performance and payment of obligations; delivery of annual and quarterly consolidated financial statements (accompanied by customary management discussion and analysis and (annually) by an audit opinion from nationally recognized auditors that is not subject to any qualification as to scope of such audit or going concern) (other than solely with respect to, or resulting solely from an upcoming maturity date under any series of indebtedness occurring within one year from the time such opinion is delivered) (with extended time periods to be agreed for delivery of the first annual and certain quarterly financial statements to be delivered after the Closing Date) and an annual budget (it being understood that the public REIT reporting that includes the Borrower shall satisfy the Borrower’s reporting obligations so long as it includes a consolidating income statement and balance sheet for the Borrower); delivery of notices of default and material adverse litigation, ERISA events and material adverse change; maintenance of properties in good working order; maintenance of books and records; maintenance of customary insurance; commercially reasonable efforts to maintain ratings (but not a specific rating); compliance with laws; inspection of books and properties; environmental; additional guarantors and additional collateral (subject to limitations set forth under the captions “Guarantees” and “Security”); further assurances in respect of collateral matters; use of proceeds; and payment of taxes.
Financial Covenants means the covenants set forth in Section 6.2.
Events of Default has the meaning specified in Section 6.01.
Environmental covenant means a servitude arising under an environmental response project that imposes activity and use limitations.
Financial Covenant has the meaning specified in Section 7.08.
Financial Covenant Debt of any Person means Indebtedness of the type specified in clauses (a), (b), (d), (e), (f) and (h) of the definition of “Indebtedness,” non-contingent obligations of the type specified in clause (c) of such definition and Guaranty Obligations of any of the foregoing.
Covenant means a covenant, condition, limitation or restriction in a document or instrument in effect at Date of Policy.
Restrictive Covenant Agreements has the meaning set forth in the Recitals.
Restrictive Covenant Violation means the Participant’s breach of the Restrictive Covenants listed on Appendix A or any covenant regarding confidentiality, competitive activity, solicitation of the Company’s vendors, suppliers, customers, or employees, or any similar provision applicable to or agreed to by the Participant.
Restrictive Covenant has the meaning set forth in Section 6(c).
Financial Performance Covenants means the covenants of the Borrower set forth in Section 10.11.
Financial Covenant Event of Default has the meaning specified in Section 8.01(b).
Financial Covenant Default has the meaning assigned to such term in Section 8.01(6).
Restrictive Covenant Agreement means any agreement, and any attachments or schedules thereto, entered into by and between the Participant and the Partnership or its Affiliates, pursuant to which the Participant has agreed, among other things, to certain restrictions relating to non-competition (if applicable), non-solicitation and/or confidentiality, in order to protect the business of the Partnership and its Affiliates.
Representations means the written Representations and Warranties provided by Borrower to Silicon referred to in the Schedule.
Covenantors means the Group Companies, the Founder and the Founder Holding Company, and a “Covenantor” means any of the Covenantors.
Covenant Compliance Event means, at any time, Availability is less than the greater of (i) ten percent (10%) of the Loan Cap and (ii) $15,000,000. The termination of a Covenant Compliance Event as provided herein shall in no way limit, waive or delay the occurrence of a subsequent Covenant Compliance Event in the event that the conditions set forth in this definition again arise.
Perfection Representations means the representations, warranties and covenants set forth in Schedule 1 attached hereto.
Maintenance Covenant A covenant by any borrower to comply with one or more financial covenants (including without limitation any covenant relating to a borrowing base, asset valuation or similar asset-based requirement) during each reporting period, that exists regardless of whether or not such borrower has taken any specified action and includes a covenant that applies only when the related loan is funded.
Guarantor Event of Default means the occurrence of any “Event of Default” under and as defined in the Performance Guaranty.
Covenantor means the Person or Persons, if any, who execute this Mortgage as “Covenantor” and their respective heirs, personal representatives, successors or permitted assigns, as the case may be;
Restrictive Covenants means the restrictive covenants contained in Section 13(c) hereof.
Covenant Relief Period means the period commencing on the Amendment No. 1 Effective Date and ending on and including December 31, 2022.
Warranties - means collectively any and all warranties (if any) given by the Bidder in terms of this agreement.