Covenants. So long as principal of and interest on the Term Loan or any other amount payable hereunder or under any other Loan Document remains unpaid or unsatisfied, the Borrower shall comply with all the covenants and agreements applicable to it contained in Articles VI (Affirmative Covenants) except [Section 6.11] (Use of Proceeds) and VII (Negative Covenants) of the Incorporated Agreement (collectively, the “Incorporated Covenants”), including for purposes of this Paragraph 4 each Additional Incorporated Agreement Covenant. The covenants and agreements of the Borrower referred to in the preceding sentence (including all exhibits, schedules and defined terms referred to therein) are hereby (or, in the case of each Additional Incorporated Agreement Covenant, shall, upon its effectiveness, be) incorporated herein by reference as if set forth in full herein with appropriate substitutions, including the following:
Covenants. If Parent, any Loan Party or any of their respective Subsidiaries, as applicable:
Covenants. Until all of the line of credit and term loan are paid in full, unless otherwise agreed to in writing by Lender, Borrower agrees to maintain the following covenants, and failure to maintain each and all of the following covenants shall be considered an event of default (subject to the provisions of Section 5 below) under any loans hereunder:
Covenants. Guarantor hereby covenants and agrees with [[Organization C:Organization]] as follows:
Covenants. The parties hereby agree that # the provisions of paragraph 8 are hereby incorporated by reference into this paragraph 12 and shall continue to apply during the period commencing on the Commencement Date and ending on the later of the termination of the Advisor Period and the termination of the Producer Period (such period, the “Extended Restriction Period”) (other than with respect to any Project which [[Organization A:Organization]] has rejected or failed to accept appropriately pursuant to the First Look), and any period set forth in the provisions of paragraph 8 that survives any termination of employment or the Employment Term shall survive for the same duration following termination of the Extended Restriction Period, and # the provisions of paragraph 8(a), 8(b) and 8(f) that would otherwise terminate upon the expiration of the Original Employment Term shall continue to apply following the expiration of the Original Employment Term during the Extended Restriction Period, and shall remain in effect as follows: # with respect to paragraphs 8(a) and 8(b), until the first anniversary of the termination of the Extended Restriction Period, unless such Extended Restriction Period terminates as a result of the expiration of the Original Advisor Period or the Original Producer Period (in which case the provisions of paragraphs 8(a) and 8(b) shall end on the last day of the Original Advisor Period or the Original Producer Period, as the case may be), and # with respect to paragraph 8(f), until the second anniversary of the termination of the Extended Restriction Period, unless such Extended Restriction Period terminates as a result of the expiration of the Original Advisor Period or the Original Producer Period (in which case the provisions of paragraph 8(f) shall end on the last day of the Original Advisor Period or the Original Producer Period, as the case may be).
Covenants. Each of the covenants, agreements and obligations of the EnTrust Contributor contained in this Agreement and required to be performed or complied with by the EnTrust Contributor, any EnTrust Entity or Hymowitz, as applicable, on or before the Closing shall have been performed or complied with in all material respects (provided that with respect to covenants, agreements and obligations that are qualified by materiality, the EnTrust Contributor, any EnTrust Entity or Hymowitz, as applicable, shall have performed or complied with such covenants, agreements and obligations as so qualified, in all respects).
Covenants. Each of the covenants, agreements and obligations of the Permal Contributor or the Company contained in this Agreement and required to be performed or complied with by the Permal Contributor, any Permal Entity or the Company, as applicable, on or before the Closing shall have been performed or complied with in all material respects (provided that with respect to covenants, agreements and obligations that are qualified by materiality, the Permal Contributor and the Company shall have performed or complied with such covenants, agreements and obligations as so qualified, in all respects).
Covenants. The Company shall have performed, satisfied and complied in all respects with the covenants, agreements and conditions required to be performed, satisfied or complied with by the Company at or prior to the Closing Date. The Investor shall have received a certificate, executed by the CEO, President or CFO of the Company, dated as of the Closing Date, to the foregoing effect in the form attached hereto as Exhibit B.
Should any Party materially breach any provisions of this Agreement and fail to remedy such breach within thirty (30) Business Days after receiving written notice from the other Party requiring such remedy, then the Party aggrieved by such breach shall be entitled, without prejudice to their other rights in law including any right to claim damages, to cancel this Agreement or to claim immediate specific performance of all of the defaulting Party’s obligations the due for performance at the time of breach.
Material Breach. Subject to the last sentence of Section 3.1.2, if either Party (the Non-Breaching Party) believes that the other Party (the Breaching Party) is in material breach of one (1) or more of its obligations under this Agreement, then the Non-Breaching Party may deliver notice of such breach to the Breaching Party (a Default Notice). If the Breaching Party does not dispute that it is in material breach of one (1) or more of its obligations under this Agreement, then if the Breaching Party fails to cure such breach, or fails to take steps as would be considered reasonable to effectively cure such breach, within [ ] after receipt of the Default Notice, or if such compliance cannot be fully achieved within such [ ] period and the Breaching Party has failed to commence compliance or has failed to use diligent efforts to achieve full compliance as soon thereafter as is reasonably possible, the Non-Breaching Party may terminate this Agreement upon written notice to the Breaching Party. If the Breaching Party Disputes that it is in material breach of one (1) of its obligations under this Agreement, the Dispute shall be resolved pursuant to Section 13.8. If, as a result of the application of such dispute resolution procedures, the Breaching Party is determined to be in material breach of one (1) or more of its obligations under this Agreement (an Adverse Ruling), then if the Breaching Party fails to complete the actions specified by the Adverse Ruling to cure such breach within [ ] after such ruling, or if such compliance cannot be fully achieved within such [ ] period and the Breaching Party has failed to commence compliance or has failed to use diligent efforts to achieve full compliance as soon thereafter as is reasonably possible, then the Non-Breaching Party may terminate this Agreement upon written notice to the Breaching Party.
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