Certain Covenants of Borrower. Borrower hereby covenants and agrees with Lender as follows:
Certain Covenants of Borrower. Borrower shall:
Certain Covenants of Borrower. Holdings shall not, directly or indirectly, without Lender’s prior written approval (a) enter into any agreement (including any agreement for incurrence or assumption of indebtedness, any purchase, sale, lease or exchange of any property or the rendering of any service), between itself and any other Person who is not a Borrower, other than in accordance with this Agreement and the Related Documents to which it is a party, (b) hold any assets, other than all of the issued and outstanding Equity Interests of Borrower, assets in connection with the capital accounts of members or assets needed to maintain the organization and goods standing of Holdings, (c) engage in any business or conduct any activity or operations (including the making of any investment or payment) or transfer any of its assets, other than (i) the making of investments in Borrower, and (ii) the performance of its obligations under this Agreement and the Related Documents to which it is a party in accordance with the terms thereof, or (d) consolidate or merge with or into any other Person. Holdings shall preserve, renew and keep in full force and effect its existence. Holdings shall cause each other Borrower to comply with each of its covenants and agreements contained herein.
Certain Covenants of Borrower. BORROWER SHALL:
Certain Covenants of Borrower. 31 4.1 Payment and Performance of Obligations..........................31 4.2 Transfers.......................................................31 4.3 Liens...........................................................32 4.4 Indebtedness....................................................32 4.5 Compliance with Restrictive Covenants, Etc......................33 4.6 Leases..........................................................34 4.7 Delivery of Notices.............................................36 4.8 ERISA...........................................................37 4.9 Agreements with Affiliates......................................38
Certain Covenants of Borrower. Xxxxxxxx agrees that until such time as this Agreement is terminated pursuant to the terms hereof, Borrower will comply with all terms of the Interest Rate Cap Agreement, and will deliver to Lender a copy of any notice received from Counterparty thereunder. Xxxxxxxx further agrees that until such time as this Agreement is terminated pursuant to the terms hereof, Borrower will not, without first obtaining the written consent of Lender (which may be withheld in Xxxxxx’s sole discretion), (a) convey, assign, sell, mortgage, encumber, pledge, hypothecate, grant a security interest in, grant an option or options with respect to, or otherwise dispose of (directly or indirectly, voluntarily or involuntarily, by operation of law or otherwise, and whether or not for consideration) the Interest Rate Cap Agreement or the Rate Cap Collateral, (b) amend, modify, cancel or terminate the Interest Rate Cap Agreement prior to its stated maturity date, except for a cancellation or termination incident to Borrower obtaining a renewal or replacement interest rate cap agreement meeting the requirements of the Note with respect thereto, (c) waive or release any obligation of the Counterparty under the Interest Rate Cap Agreement, (d) consent or agree to any act or omission to act on the part of the Counterparty which, without such consent or agreement, would constitute a default under the Interest Rate Cap Agreement, (e) fail to exercise promptly and diligently any right which it may have under the Interest Rate Cap Agreement, or (f) take or omit to take any action or suffer or permit any action to be omitted or taken, the taking or omission of which would result in any right of offset against sums payable under the Interest Rate Cap Agreement or any defense by the Counterparty to payment.
Certain Covenants of Borrower. 11 (a) Filings and Recordings.................................. 11 (b)
Certain Covenants of Borrower. The Borrower covenants ----------------------------- and agrees as follows:
Certain Covenants of Borrower. Borrower covenants and agrees with the Company that until the Obligations are paid and performed in full:
Certain Covenants of Borrower. 42 6.1 Payment and Performance of Loan Obligations and Facility Obligations . . . . . . . . . . . . . . . . . . . . . . . . 42 6.2 Transfers . . . . . . . . . . . . . . . . . . . . . . . . . 43 6.3 Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 6.4 Indebtedness . . . . . . . . . . . . . . . . . . . . . . . . 44 6.5
