Debenture Documents Sample Clauses
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Debenture Documents. The execution, delivery and performance by each Obligor of the Debenture Documents to which it is a party, and the consummation of the transactions contemplated thereby, (i) have been duly authorized by all requisite action of each such Person and have been duly executed and delivered by or on behalf of each such Person; (ii) do not violate any provisions of (A) applicable law, statute, rule, regulation, ordinance or tariff, (B) any order of any Governmental Authority binding on any such Person or any of their respective properties, or (C) the certificate of incorporation or bylaws (or any other equivalent governing agreement or document) of any such Person, or any agreement between any such Person and its respective stockholders, members, partners or equity owners or among any such stockholders, members, partners or equity owners; (iii) except as set forth in Schedule 5.2, are not in conflict with, and do not result in a breach or default of or constitute an event of default, or an event, fact, condition or circumstance which, with notice or passage of time, or both, would constitute or result in a conflict, breach, default or event of default under, any indenture, agreement or other instrument to which any such Person is a party, or by which the properties or assets of such Person are bound; (iv) except as set forth therein, will not result in the creation or imposition of any Lien of any nature upon any of the properties or assets of any such Person, and (v) except as set forth on Schedule 5.2, do not require the consent, approval or authorization of, or filing, registration or qualification with, any Governmental Authority or any other Person. When executed and delivered, each of the Debenture Documents to which each Obligor is a party will constitute the legal, valid and binding obligation of each Obligor, enforceable against each Obligor in accordance with its terms, subject to the effect of any applicable bankruptcy, moratorium, insolvency, reorganization or other similar law affecting the enforceability of creditors’ rights generally and to the effect of general principles of equity which may limit the availability of equitable remedies (whether in a proceeding at law or in equity).
Debenture Documents. The Indenture, the Debentures, and all documents, instruments and agreements executed in connection therewith and, to the extent permitted by the Credit Documents, in connection with any indebtedness issued by the Borrowers to refund or refinance all or substantially all of the Debentures.
Debenture Documents. The Issuer shall comply in all respects with the provisions of the Debenture Documents. The Issuer shall ensure that the Security created pursuant to each Security Document shall have the ranking it is expressed to have under such Security Document and the Inter-creditor Agreement and that each of the Security Documents is maintained in full force and effect. The Issuer covenants that there are no agreements or instruments, which have been executed by the Issuer/or the Sponsor which have the effect of amending or modifying the Debenture Documents. The Issuer shall ensure that the validity and enforceability of the Security is maintained and shall take all steps necessary, including executing further documents, for this purpose.
Debenture Documents. At all times comply with its obligations under the Debenture Documents, including the following:
(a) Maintain the effectiveness under the Securities Act of 1933, as amended, of its Registration Statement on Form S-3 (Reg. No. 333-74100) for the time periods required pursuant to the Registration Rights Agreement; and
(b) If required under Section 2(b) of the Registration Rights Agreement, promptly file and prosecute to effectiveness such further registration statements within the time limits set forth in Section 2(b) thereof."
1.13 Schedule 7.20 is deleted and replaced by Schedule 7.20 attached to this First Amendment.
1.14 Section 8.2 of the Loan Agreement is deleted and replaced by the following:
(a) If Borrowers fail or neglect to perform, keep, or observe any covenant or other provision contained in Sections 6.2, 6.3 or 6.16 hereof and such failure or neglect continues for a period of 5 days after the date on which such failure or neglect first occurs, or (b) if Borrower fails or neglects to perform, keep, or observe any covenant or other provision contained in Sections 6.1, 6.7 or 6.11 hereof and such failure or neglect is not cured within 15 days after the date on which such failure or neglect first occurs, or (c) if Borrower fails or neglects to perform, keep, or observe any other covenant or other provision contained in any Section of this Agreement (other than a Section that is expressly dealt with elsewhere in this Section 8) or the other Loan Documents (other than a Section of such other Loan Document dealt with elsewhere in this Section 8); provided that, during any period of time that any such failure or neglect of Borrower referred to in this paragraph exists, even if such failure or neglect is not yet an Event of Default by virtue of the existence of a grace or cure period or the pre-condition of the giving of a notice, Lender shall be relieved of its obligation to extend credit hereunder;"
Debenture Documents. The Lender shall have received each of the following, each properly executed by the appropriate party and in form and substance satisfactory to the Lender:
10.1.1 This Agreement;
Debenture Documents. The amount of any Guaranty Obligation hereunder shall (subject to any limitations set forth therein) be deemed to be an amount equal to the lesser of the outstanding principal amount or maximum principal amount of the Debt or other obligation in respect of which such Guaranty Obligation is made. "Harbour Vest" means Harbour Vest Partners VI - Direct Fund, L.P., a Delaware limited partnership.