Covenant of the Borrower. The Borrower undertakes to make available to the Lender such financial information as the Lender may reasonably request.
Covenant of the Borrower. The Borrower covenants and agrees that from and after the date hereof he shall pay the Loan according to its terms.
Covenant of the Borrower. Relating to the Hedging Agreement. At all times during on and after the Initial Funding until the Collection Date, a Hedging Agreement shall be in place.
Covenant of the Borrower. Borrower shall not enter into any written amendment or written waiver to the Note or any other Ancillary Agreement without the consent of the Guarantor. Borrower's failure to comply with the provisions of this Section 7 shall not affect in any manner whatsoever the Guarantor's obligations to Inmark hereunder.
Covenant of the Borrower. The Borrower covenants with the Lender that, so long as this Agreement shall remain in effect and until any obligation of the Lender to make Advances hereunder shall have terminated and all other sums due to the Lender under this Agreement have been paid in full, it shall furnish the Lender prompt written notice of any default or event of default, which notice shall specify the nature and extent thereof.
Covenant of the Borrower and the Servicer. Until the latest of the Facility Termination Date or the date on which no Obligations shall be outstanding or the date all other amounts owed by the Borrower hereunder to the Investors, the Banks, the Investor Agents or the Program Agent are paid in full, each of the Borrower and the Servicer will, at their respective expense, from time to time during regular business hours as requested by the Program Agent or any Investor Agent, permit the Program Agent, any Investor Agent or their respective agents or representatives (including independent public accountants, which may be the Borrower's or the Parent's independent public accountants), (a) to conduct audits of the Collateral and the related books and records and collections systems of the Borrower, the Servicer or any Originator, as the case may be, (b) to examine and make copies of and abstracts from all books, records and documents (including, without limitation, computer tapes and disks) in the possession or under the control of the Borrower or the Servicer relating to Collateral, and (iii) to visit the offices and properties of the Borrower or the Servicer for the purpose of examining such materials described in clause (b) above, and to discuss matters relating to the Collateral or the Borrower's, the Servicer's or any Originator's performance under the Transaction Documents or under the Contracts with any of the officers or employees of the Borrower or the Servicer having knowledge of such matters. In addition, the Program Agent may appoint independent public accountants or other Persons acceptable to the Program Agent (which shall not be the Parent's or the Borrower's independent public accountants who perform regular financial statement audits for the Parent and its Subsidiaries), to prepare and deliver to the Program Agent and each Investor Agent a written report with respect to the Transferred Assets and the Credit and Collection Policy (including, in each case, the systems, procedures and records relating thereto) on a scope and in a form reasonably requested by the Program Agent and the Investor Agents, and the Borrower shall reimburse the Program Agent for all reasonable costs and reasonable expense incurred in connection therewith; provided, that so long as no Event of Termination Event has occurred or is continuing, Borrower's reimbursement obligations hereunder shall be limited to two such audits per calendar year (but without such limitation for follow-up audits if an aud...
Covenant of the Borrower and the Servicer. Until the latest of the Commitment Termination Date or the date on which no Obligations shall be outstanding or the date all other amounts owed by the Borrower hereunder to the Lenders or the Program Agent are paid in full, each of the Borrower and the Servicer:
Covenant of the Borrower. The Borrower hereby covenants that it will not consummate any merger, share exchange or similar transaction with Phar-Mor, Inc. or any affiliate thereof unless, prior to or simultaneously with the consummation of such merger, share exchange or similar transaction, it has (i) repaid all Loans (whether Syndicated Loans or Swingline Loans) then outstanding, (ii) repaid all Reimbursement Obligations then outstanding and paid to the Agent the Aggregate LC Amount (as defined in Section 6.01 of the Agreement) to be held by the Agent in accordance with the terms of the last four paragraphs of Section 6.01 of the Agreement, and (iii) terminated the Commitments of all Banks in their entirety. This covenant shall not affect the limitations on any such transaction imposed by any other provision of the Agreement.
Covenant of the Borrower. The Borrower covenants and agrees that from and after the date hereof the Borrower shall continue to conduct its business and affairs in the ordinary course of business and shall not enter into any agreement, commitment, instrument or contract or take any action out of the ordinary course of business.
Covenant of the Borrower. The Loan Parties covenant and agree that within sixty (60) days of the Borrower or any Subsidiary acquiring the Specified Aircraft or the Capital Stock of a Person that owns one or more of the Specified Aircraft, the Loan Parties shall (a) cause the Specified Aircraft to be subject to first priority, perfected Liens in favor of the Administrative Agent to secure the Obligations pursuant to security documents in form and substance reasonably acceptable to the Administrative Agent, subject in any case to Permitted Liens, and (b) deliver such other documentation as the Administrative Agent may reasonably request in connection with the foregoing, including, without limitation, appropriate Lien filings, certified resolutions and other organizational and authorizing documents, favorable opinions of counsel, all in form, content and scope reasonably satisfactory to the Administrative Agent.
