Covenants of the Borrower and the Guarantors Sample Clauses

Covenants of the Borrower and the Guarantors. As an inducement to the Banks and the Agents to enter into this Amendment, each of the Borrower and the Guarantors hereby covenants and agrees that they shall, on or before November 30, 1998, (i) deliver to the Agents appraisals of each of the Vessels listed on Annex B hereto, (ii) take all such steps and execute all such documents as the Agents shall request in order to grant to the Documentation Agent, for the benefit of the Banks and the Agents, a perfected first-priority mortgage on each of the Vessels listed on Annex B hereto such that the Documentation Agent shall have a perfected, first-priority mortgage on Vessels with a fair market value (as determined pursuant to appraisals as shall be in form and substance satisfactory to the Agents) of not less than $600,000,000, and (iii) to the extent not already delivered pursuant to Section 4(viii) above, deliver to the Agents one or more legal opinions from counsel to the Agents or the Borrower and the Guarantors covering the transactions contemplated by this Amendment, including, with respect to the perfection of the Documentation Agent's security interest in the additional Collateral to be granted pursuant to Section 4 and this Section 5. In addition, the Borrower covenants and agrees that it shall comply with the provisions of the Letter Agreement. In addition, the Borrower agrees that it shall, on or before November 30, 1998, deliver all of the documents and instruments set forth on Annex D hereto (the Banks hereby agreeing that this Amendment shall be effective as of the date hereof pursuant to Section 4 hereof notwithstanding that such items have not been delivered by November 13, 1998). The Borrower and the Guarantors agree that the failure to perform or observe the covenants set forth in this Section 5 shall constitute a Default and an Event of Default under the Credit Agreement.
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Covenants of the Borrower and the Guarantors. Each of the Borrower and the Guarantors agrees that, so long as any Working Capital Lender has any Commitment under this Agreement or any amount payable under this Agreement remains unpaid, it shall observe and perform each of the covenants applicable to it set forth in Article IV of the Common Security Agreement, which covenants and agreements are incorporated by reference in this Agreement as if fully set forth herein, in accordance with their terms.
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Covenants of the Borrower and the Guarantors. The Borrower and, as applicable, the Guarantors, each agree to comply with the following covenants at all times during the Extension Period and upon and subsequent to the occurrence of any Trigger Event:
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Covenants of the Borrower and the Guarantors. Until the Commitments have expired or been terminated and the principal of and interest on each Loan and all fees payable hereunder shall have been paid in full and all Letters of Credit shall have expired or terminated and all LC Disbursements shall have been reimbursed, each of USANi and the Borrower covenants and agrees with the Lenders that:
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Covenants of the Borrower and the Guarantors. Each of the Borrower and the Guarantors agrees that, so long as any Bank Senior Lender has any Commitment under this Agreement or any amount payable under this Agreement remains unpaid, it shall observe and perform each of the covenants applicable to it set forth in Article IV of the Common Security Agreement, which covenants and agreements are incorporated by reference in this Agreement as if fully set forth herein, in accordance with their terms.
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Covenants of the Borrower and the Guarantors. 5.1 Covenants of the Borrower. Until such time as the Acquisition ----------------------------- shall have been consummated in accordance with its terms, each Borrower and Guarantor covenants with the Lenders as follows:
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Covenants of the Borrower and the Guarantors. The Borrower and the Guarantors hereby covenant to the Lender that prior to the repayment of principal of the Loan hereunder and accrued interest in full:
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Covenants of the Borrower and the Guarantors. Each Credit Party agrees that, so long as any of the Commitments are in effect and until payment in full of all Obligations:
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Covenants of the Borrower and the Guarantors 
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Related to Covenants of the Borrower and the Guarantors

  • Covenants of the Company and the Guarantors The Company and the Guarantors covenant with each Initial Purchaser as follows:

  • Further Agreements of the Company and the Guarantors The Company and each of the Guarantors jointly and severally covenant and agree with each Initial Purchaser that:

  • Covenants of the Guarantor The Guarantor covenants and agrees through the Termination Date, that:

  • COVENANTS OF PARENT AND THE COMPANY The parties hereto agree that:

  • Representations and Warranties of the Company and the Guarantors The Company and the Guarantors jointly and severally represent and warrant to each Initial Purchaser that:

  • RECITALS OF THE COMPANY AND THE SUBSIDIARY GUARANTORS The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured debentures, notes or other evidences of indebtedness (herein called the “Securities”), to be issued in one or more series as in this Indenture provided. The Company and the Subsidiary Guarantors are members of the same consolidated group of companies. The Subsidiary Guarantors will derive direct and indirect economic benefit from the issuance of the Securities. Accordingly, each Subsidiary Guarantor has duly authorized the execution and delivery of this Indenture to provide for its full, unconditional and joint and several guarantee of the Securities to the extent provided in or pursuant this Indenture. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done.

  • Indemnification of the Company and the Guarantors Each Underwriter agrees, severally and not jointly, to indemnify and hold harmless the Company, each Guarantor, each officer of the Company or a Guarantor who signed the Registration Statement, each of their respective directors and each person, if any, who controls the Company or any Guarantor within the meaning of the Securities Act or the Exchange Act, against any loss, claim, damage, liability or expense, as incurred, to which the Company, any Guarantor, any officer of the Company or a Guarantor who signed the Registration Statement or any such director or controlling person may become subject, under the Securities Act, the Exchange Act, or other federal or state statutory law or regulation, or at common law or otherwise (including in settlement of any litigation, if such settlement is effected with the written consent of such Underwriter), insofar as such loss, claim, damage, liability or expense (or actions in respect thereof as contemplated below) arises out of or is based upon any untrue statement or alleged untrue statement of a material fact contained in the Registration Statement, any Issuer Free Writing Prospectus, any Preliminary Prospectus or the Prospectus (or any amendment or supplement thereto), or the omission or alleged omission therefrom of a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading, in each case to the extent, but only to the extent, that such untrue statement or alleged untrue statement or omission or alleged omission was made in the Registration Statement, any Issuer Free Writing Prospectus, any Preliminary Prospectus or the Prospectus (or any amendment or supplement thereto), in reliance upon and in conformity with written information furnished to the Company by such Underwriter through the Representatives expressly for use therein; and to reimburse the Company, any Guarantor and each such director or controlling person for any and all expenses (including the fees and disbursements of counsel) as such expenses are reasonably incurred by the Company, any Guarantor or such director or controlling person in connection with investigating, defending, settling, compromising or paying any such loss, claim, damage, liability, expense or action. Each of the Company and the Guarantors hereby acknowledges that the only information that the Underwriters through the Representatives have furnished to the Company expressly for use in the Registration Statement, any Issuer Free Writing Prospectus, any Preliminary Prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the eleventh paragraph (beginning “Neither we nor any of the underwriters...”) under the caption “Underwriting” in the Prospectus. The indemnity agreement set forth in this Section 7(b) shall be in addition to any liabilities that each Underwriter may otherwise have.

  • Indemnification by the Company and the Guarantors The Company and the Guarantors, jointly and severally, will indemnify and hold harmless each of the holders of Registrable Securities included in an Exchange Registration Statement, and each person who participates as a placement or sales agent or as an underwriter in any offering or sale of such Registrable Securities against any losses, claims, damages or liabilities, joint or several, to which such holder, agent or underwriter may become subject under the Securities Act or otherwise, insofar as such losses, claims, damages or liabilities (or actions in respect thereof) arise out of or are based upon an untrue statement or alleged untrue statement of a material fact contained in any Exchange Registration Statement under which such Registrable Securities were registered under the Securities Act, or any preliminary, final or summary prospectus (including, without limitation, any “issuer free writing prospectus” as defined in Rule 433) contained therein or furnished by the Company to any such holder, agent or underwriter, or any amendment or supplement thereto, or arise out of or are based upon the omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleading, and will reimburse such holder, such agent and such underwriter for any legal or other expenses reasonably incurred by them in connection with investigating or defending any such action or claim as such expenses are incurred; provided, however, that neither the Company nor any Guarantor shall be liable to any such person in any such case to the extent that any such loss, claim, damage or liability arises out of or is based upon an untrue statement or alleged untrue statement or omission or alleged omission made in any registration statement contemplated hereunder, or preliminary, final or summary prospectus (including, without limitation, any “issuer free writing prospectus” as defined in Rule 433), or amendment or supplement thereto, in reliance upon and in conformity with written information furnished to the Company by such person expressly for use therein.

  • Guarantors So long as any Registrable Notes remain outstanding, the Issuers shall cause each Person that becomes a guarantor of the Notes under the Indenture to execute and deliver a counterpart to this Agreement which subjects such Person to the provisions of this Agreement as a Guarantor. Each of the Guarantors agrees to join the Company in all of its undertakings hereunder to effect the Exchange Offer for the Exchange Notes and the filing of any Shelf Registration Statement required hereunder.

  • Covenants of the Company and the Selling Stockholders The Company and each Selling Stockholder covenants with each Underwriter as follows:

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