Common use of Covenant to Deliver Clause in Contracts

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that the extension of a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension such extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be made in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees to shall deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a A Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Except as otherwise provided in Section 3.3, Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. (a) Except as otherwise provided in Section 3.3(b), Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. (a) Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank Lender each item required to be delivered to Bank Lender under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank Lender of any such item shall not constitute a waiver by Bank Lender of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in BankLender’s sole discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be made in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s 's obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s 's sole discretion.

Covenant to Deliver. Borrower agrees Borrowers agree to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower Borrowers expressly agrees agree that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s Borrowers’ obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank Lender each item required to be delivered to Bank Lender under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank Lender of any such item shall not constitute a waiver by Bank Lender of Borrower’s obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be made in BankLender’s sole discretion.

Covenant to Deliver. Borrower Xxxxxxxx agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole reasonable discretion.

Covenant to Deliver. Borrower agrees Loan Parties agree to deliver to Bank Lender each item required to be delivered to Bank Lender under this Agreement as a condition precedent to any Credit Extension. Borrower Loan Parties expressly agrees agree that a Credit Extension made prior to the receipt by Bank Lender of any such item shall not constitute a waiver by Bank Lender of Borrower’s Loan Parties’ obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in BankLender’s sole discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that the extension of a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. (a) Borrower agrees to shall deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a A Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under Sections 3.01 and 3.02 of this Agreement as a condition precedent to any Credit Extension, as applicable. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees Except as otherwise provided in Section 3.3, Borrowers agree to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower Borrowers expressly agrees agree that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s Borrowers’ obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this EXIM Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that the extension of a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension such extension in the absence of a required item shall be in Bank’s sole reasonable discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be made in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extensionan Advance. Borrower expressly agrees that a Credit Extension made the extension of an Advance prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension such extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Each Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement prior to the Funding Date thereof, as a condition precedent to any Credit Extension. Each Borrower expressly agrees that the extension of a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s Borrowers’ obligation to deliver such item, and the making of any Credit Extension such extension in the absence of such a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s 's obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be made in Bank’s 's sole discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.. 3.4

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension such extension in the absence of a required item shall be made in Bank’s sole discretion.

Covenant to Deliver. Each Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Each Borrower expressly agrees that the extension of a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of such Borrower’s obligation to deliver such item, and the making of any Credit Extension such extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank Lender each item required to be delivered to Bank Lender under this Agreement as a condition precedent to any the Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank Lender of any such item shall not constitute a waiver by Bank Lender of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be made in BankLender’s sole discretion.

Covenant to Deliver. Borrower agrees Except as otherwise provided in Section 3.3, Borrowers agree to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower Borrowers expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s Borrowers’ obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Each Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Each Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of each Borrower’s obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be made in Bank’s sole discretion.

Covenant to Deliver. Except as otherwise set forth in Section 3.3, each Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Each Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of such Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees Borrowers agree to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower Borrowers expressly agrees agree that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s Borrowers’ obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.,

Covenant to Deliver. Each Borrower agrees to deliver to Bank Lenders each item required to be delivered to Bank any Lender under this Agreement as a condition precedent to any Credit Extension. Each Borrower expressly agrees that the extension of a Credit Extension made prior to the receipt by Bank Lenders of any such item shall not constitute a waiver by Bank Lenders of such Borrower’s obligation to deliver such item, and the making of any Credit Extension such extension in the absence of a required item shall be in Bank’s Lenders’ sole discretion.

Covenant to Deliver. (a) Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be made in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees shall cause to deliver be delivered to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. (a) Except as otherwise provided in Section 3.3(b), Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be made in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s ’ s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any the Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this EXIM Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be made in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees Borrowers, jointly and severally, agree to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower Borrowers expressly agrees agree that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s Borrowers’ obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be made in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees Borrowers agree to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower Borrowers expressly agrees agree that the extension of a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of any Borrower’s obligation to deliver such item, and the making of any Credit Extension such extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank Lenders each item required to be delivered to Bank any Lender under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that the extension of a Credit Extension made prior to the receipt by Bank Lenders of any such item shall not constitute a waiver by Bank Lenders of Borrower’s obligation to deliver such item, and the making of any Credit Extension such extension in the absence of a required item shall be in Bank’s Lenders’ sole discretion.

Covenant to Deliver. Each Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Each Borrower expressly agrees that the extension of a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of each Borrower’s obligation to deliver such item, and the making of any Credit Extension such extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. (a) Except as otherwise provided in Section 3.3(b), Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition 5. precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that the extension of a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension such extension in the absence of a required item shall be in at Bank’s sole discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole reasonable discretion.. 3.4

Covenant to Deliver. (a) Except as otherwise provided in Section 3.3(b), Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole reasonable discretion.

Covenant to Deliver. (a) Except as otherwise provided in Section 3.3(b). Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension an Advance made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension Advance in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Each Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Each Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of either Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Each Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Each Borrower expressly agrees that the extension of a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s Borrowers’ obligation to deliver such item, and the making of any Credit Extension such extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees Borrowers jointly and severally agree to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower Borrowers expressly agrees jointly and severally agree that the extension of a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s Borrowers’ obligation to deliver such item, and the making of any Credit Extension such extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Each Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Each Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of such Borrower’s obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be made in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this EXIM Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that the extension of a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension such extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees (a) Borrowers agree to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Each Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of any Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension; provided, however, such condition precedent shall not require Borrower to deliver any item required under this Agreement prior to the required delivery date under this Agreement. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees Borrowers agree to deliver to Bank Lenders each item required to be delivered to Bank Lenders under this Agreement as a condition precedent to any Credit ExtensionAdvance. Borrower Borrowers expressly agrees agree that the extension of a Credit Extension made prior to the receipt by Bank Lenders of any such item shall not constitute a waiver by Bank Lenders of Borrower’s Borrowers’ obligation to deliver such item, and the making of any Credit Extension such extension in the absence of a required item shall be in Bank’s sole Lenders’ reasonable discretion.

Covenant to Deliver. (a) Borrower agrees to shall deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a A Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.. 3 CREATION OF SECURITY INTEREST 3.1

Covenant to Deliver. (a) Except as otherwise provided in Section 3.3(b) and 3.3(c) below, Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees to and General Partner shall each deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a A Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s and/or General Partner’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole reasonable discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement (on or prior to the Effective Date as set forth in Sections 3.1 and 3.2 and, thereafter, as set forth in Section 3.2) as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not (unless otherwise agreed to by Bank in writing in its sole and absolute discretion) constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole good faith business discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that the extension of a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension such extension in the absence of a required item shall be in Bank’s sole but reasonable discretion.

Covenant to Deliver. Borrower agrees Borrowers agree to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower Borrowers expressly agrees agree that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s Borrowers’ obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be made in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank Lenders each item required to be delivered to Bank Lenders under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that the extension of a Credit Extension made prior to the receipt by Bank Lenders of any such item shall not constitute a waiver by Bank Lenders of Borrower’s obligation to deliver such item, and the making of any Credit Extension such extension in the absence of a required item shall be in Bank’s Lenders’ sole discretion.

Covenant to Deliver. Except as otherwise provided in this Section 3.3, Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. If requested by the Lenders, Borrower agrees to deliver to Bank Lenders each item required to be delivered to Bank Lenders under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that the extension of a Credit Extension made prior to the receipt by Bank Lenders of any such item shall not constitute a waiver by Bank Lenders of Borrower’s obligation to deliver such item, and the making of any Credit Extension such extension in the absence of a required item shall be in Bank’s Lenders’ sole discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such itemitem required to be delivered hereunder, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Except as otherwise provided in Section 3.3, Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement in accordance with Sections 3.1 and 3.2 as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.. 238310488 v3

Covenant to Deliver. Borrower agrees to deliver to Bank each item reasonably required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that the extension of a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension such extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank each item required at the time of any Credit Extension to be delivered to Bank under this Agreement as a condition precedent to any such Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Except as otherwise provided in Section 3.3, in connection with each Credit Extension, Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any such Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Except as otherwise provided in Section 3.3 and 3.4, Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Except as otherwise provided in Section 3.4, Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.. 28059520v3

Covenant to Deliver. Borrower agrees to deliver to Bank Lender each item required to be delivered to Bank Lender under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank Lender of any such item shall not constitute a waiver by Bank Lender of Borrower’s 's obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s Lender's sole discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank the Lender each item required to be delivered to Bank the Lender under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank the Lender of any such item shall not constitute a waiver by Bank the Lender of Borrower’s obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be made in Bankthe Lender’s sole discretion.

Covenant to Deliver. (a) Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any such Credit Extension in the die absence of a required item shall be made in Bank’s sole discretion.

Covenant to Deliver. (a) Borrower agrees to shall deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a A Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion. 3.

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of #2572901v4 233773760 v5 Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit ExtensionAdvance. Borrower expressly agrees that a Credit Extension an Advance made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension Advance in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Borrower Xxxxxxxx agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be made in Bank’s sole discretion.

Covenant to Deliver. Borrower Bxxxxxxx agrees to deliver to Bank each item required to be delivered to Bank under Sections 3.1 and 3.2 of this Agreement as a condition precedent to any Credit Extension, as applicable. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank each Lender each item required to be delivered to Bank such Lender under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank a Lender of any such item shall not constitute a waiver by Bank such Lender of Borrower’s obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be made in Banka Lender’s sole discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under Sections 3.1 and 3.2 of this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees to shall deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a A Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.. 3 CREATION OF SECURITY INTEREST 3.1

Covenant to Deliver. Borrower Xxxxxxxx agrees to deliver to Bank each item required to be delivered to Bank under Sections 3.01 and 3.02 of this Agreement as a condition precedent to any Credit Extension, as applicable. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not not, unless otherwise agreed to by Bank in writing, constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be made in Bank’s sole discretion.

Covenant to Deliver. (a) Except as otherwise provided in Section 3.3(a), Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees to shall deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a A Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.. 2.4

Covenant to Deliver. (a) Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement Section 3.1 and 3.2 hereof as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Borrower agrees Loan Parties agree to deliver to Bank Lender each item required to be delivered to Bank Lender under this Agreement as a condition precedent to any Credit Extension. Borrower Loan Parties expressly agrees agree that a Credit Extension made prior to the receipt by Bank Lender of any such item shall not constitute a waiver by Bank Lender of Borrower’s Loan Parties’ obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in BankLender’s sole discretion.. 3.4

Covenant to Deliver. Borrower agrees (a) Borrowers agree to deliver to Bank Lender each item required to be delivered to Bank Lender under this Agreement as a condition precedent to any Credit Extension. Borrower Borrowers expressly agrees agree that a Credit Extension made prior to the receipt by Bank Lender of any such item shall not constitute a waiver by Bank Lender of Borrower’s Borrowers' obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in BankLender’s sole discretion.

Covenant to Deliver. Borrower agrees Borrowers agree to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower Borrowers expressly agrees agree that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of any Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Except as otherwise provided in Section 3.3, each Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement in accordance with Sections 3.1 and 3.2 as a condition precedent to any Credit Extension. Borrower Borrowers expressly agrees agree that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of any Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Covenant to Deliver. Each Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Each Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of either Borrower’s obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be made in Bank’s sole discretion.

Covenant to Deliver. Each Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit ExtensionExtension made to such Borrower. Each Borrower expressly agrees that a Credit Extension made to such Borrower prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of such Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.