Additional Covenants and Conditions. 1. Growth Capital Loan Facility.
Additional Covenants and Conditions. Seller shall ensure compliance with the Additional Covenants and Conditions.
Additional Covenants and Conditions. All of the Additional Covenants and Conditions are true and correct at all times, and continue to be maintained as set forth in the Addendum.
Additional Covenants and Conditions. 1. Growth Capital Loan Commitment; Funding of Growth Capital Loans.
Additional Covenants and Conditions. 1. Commitment; Use of Proceeds;
Additional Covenants and Conditions. 1. Commitment; Use of Proceeds; Limitations on Equipment Loans.
Additional Covenants and Conditions. (a) Xxxx-Xxxxx-Xxxxxx. As promptly as practicable, but no later than ----------------- fifteen (15) days following the date hereof, Xxxxxxxx and Weeks shall complete any filing that may be required pursuant to the Xxxx-Xxxxx-Xxxxxx Antitrust Improvements Act of 1976, as amended ("Xxxx-Xxxxx-Xxxxxx"), or shall mutually agree that no such filing is required. Xxxxxxxx and Weeks shall diligently take, or fully cooperate in the taking of, all necessary and proper steps, and provide any additional information reasonably requested in order to comply with, the requirements of Xxxx-Xxxxx-Xxxxxx. The parties hereto shall use their reasonable best efforts to resolve objections, if any, that may be asserted under Xxxx-Xxxxx-Xxxxxx in connection with the transactions provided for in this Agreement. If the parties determine that a Xxxx-Xxxxx-Xxxxxx filing is necessary, then they shall cooperate in making such filing as soon as reasonably practicable and, in connection with such filing, request an early termination of the waiting period. Xxxxxxxx will pay for any and all filing fees incurred in connection with any filing required pursuant to Xxxx-Xxxxx-Xxxxxx.
Additional Covenants and Conditions. (a) Agreed Payments under Commodities Contracts. Enron and each of the parties to the Commodities Contracts hereby agree, as a compromise, settlement and resolution in full of any and all amounts otherwise due and payable thereunder, that concurrently with the execution and delivery of the Merger Agreement by the parties thereto, NewPower shall pay (in the manner stipulated in the second following sentence) to ENA, EPMI and EESI the aggregate sum of $98,058,000.00 (such amount, the "Stipulated Settlement Amount"), which payment shall constitute a compromise, settlement and final resolution of all amounts that any party to the Commodities Contracts may owe or be owed thereunder. Except to the extent specified in Section 6 hereof, immediately upon payment in full of all principal and accrued and unpaid interest under the Note (defined below) (i) all such Commodities Contracts shall terminate automatically without further action of any party thereto, such Commodities Contracts shall cease to be of any force or effect and Enron, NewPower and each of the parties to the Commodities Contracts on behalf of themselves and each of their respective Subsidiaries shall be FULLY, COMPLETELY AND FOREVER RELEASED and, upon such payment, do hereby so release each other from all rights, duties and obligations accrued, contingent or otherwise (whether past, present, future or otherwise and whether at law or in equity) in and under the Commodities Contracts and (ii) any and all guarantees of Enron or any other guarantor of the Enron Parties or NewPower or any other guarantor of the NewPower Parties ("Guarantors") in respect of any of the Commodities Contracts shall be terminated, and Guarantors are FULLY, COMPLETELY AND FOREVER RELEASED from all rights, duties and obligations accrued, contingent or otherwise (whether past, present, future or otherwise and whether at law or in equity) in and under any such guarantees. Payment in full of the Stipulated Settlement Amount shall be made by (i) ENA's, EPMI's and EESI's retention of the $70,058,000.00 held as cash collateral under the Commodities Contracts, free and clear of any obligation to pay or repay any portion thereof or any interest thereon to, or any other rights of or obligations to, any NewPower Party and (ii) the balance of $28,000,000.00 to be made by delivery concurrently with the execution and delivery of this Agreement to EESI ("Payee") of the promissory note in the form attached as Annex A hereto (the "Note"). Each ...
Additional Covenants and Conditions. All of the Additional Covenants and Conditions are true and correct at all times, and continue to be maintained as set forth in the Addendum. The representations and warranties set forth in this Agreement shall survive transfer of the Purchased Mortgage Loans to Buyer and shall continue for so long as the Purchased Mortgage Loans are subject to this Agreement.
Additional Covenants and Conditions. Minimum current ratio of 1.1 to 1. Maximum debt to worth ratio of 1.5 to 1. Debt service coverage no less than 1.3X.
