Common use of Continuing Disclosure Clause in Contracts

Continuing Disclosure. The Borrower hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Agreement. Notwithstanding any other provision of this Agreement, failure of the Borrower to comply with the continuing Disclosure Agreement shall not be considered an Event of Default under the Indenture or the Loan Agreement; however, the Trustee may (and, at the request of any participating underwriter (as defined in the Continuing Disclosure Agreement), or the holders of at least 25% in aggregate principal amount of outstanding Bonds, subject to payment of its fees and expenses, including reasonable attorneys’ fees, shall) or any Bondholder may, take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Borrower to comply with its obligations under this Section 6.15.

Appears in 3 contracts

Samples: Loan Agreement, Loan Agreement, Loan Agreement

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Continuing Disclosure. The Borrower hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Agreement. Notwithstanding any other provision of this Agreement, failure of the Borrower to comply with the continuing Disclosure Agreement shall not be considered an Event of Default under the Indenture or the Loan Agreement; however, the Trustee may (and, at the request of any participating underwriter (as defined in the Continuing Disclosure Agreement), or the holders of at least 25% in aggregate principal amount of outstanding Bonds, subject to payment of its fees and expenses, including reasonable attorneys’ fees, shall) or any Bondholder bondholder may, take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Borrower to comply with its obligations under this Section 6.15.

Appears in 3 contracts

Samples: Loan Agreement, Loan Agreement, Loan Agreement

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Continuing Disclosure. The Borrower hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Agreement. Notwithstanding any other provision of this Agreement, failure of the Borrower to comply with the continuing Disclosure Agreement shall not be considered an Event of Default under the Indenture or the Loan Agreement; however, the Trustee may (and, at the request of any participating underwriter (as defined in the Continuing Disclosure Agreement), or the holders of at least 25% in aggregate principal amount of outstanding Senior Bonds, subject to payment of its fees and expenses, including reasonable attorneys’ fees, shall) or any Bondholder Senior bondholder may, take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Borrower to comply with its obligations under this Section 6.15.

Appears in 1 contract

Samples: Loan Agreement

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