Common use of Incorporation of Covenants Clause in Contracts

Incorporation of Covenants. The covenants of the Agency set forth in the Fiscal Agent Agreement and each of the other Bond Documents to which the Agency is a party, as well as related defined terms contained therein, are hereby incorporated by reference herein with the same effect as if each and every such provision were set forth herein in its entirety for the benefit of the Bank and shall be enforceable by the Bank against the Agency. All such incorporated covenants shall be in addition to the express covenants contained herein and shall not be limited by the express covenants contained herein nor shall such incorporated covenants be a limitation on the express covenants contained herein. To the extent that any such incorporated provision permits any Person to waive compliance with or consent to such provision or requires that a document, opinion, report or other instrument or any event or condition be acceptable or satisfactory to any Person, for purposes of this Agreement, such compliance shall be waived, or such provision shall be consented to, only if it is waived or consented to, as the case may be, by the Bank and such document, opinion, report or other instrument shall be acceptable or satisfactory to the Bank. No amendment to such covenants (or the defined terms relating thereto) made pursuant to the Bond Documents shall be effective to amend such incorporated covenants without the written consent of the Bank. Notwithstanding the termination or expiration of any Bond Document, the Agency shall, unless such Related Document has terminated or expired in accordance with its terms and has been replaced by a new Bond Document, continue to observe the covenants therein contained for the benefit of the Bank until the termination of this Agreement.

Incorporation of Covenants. The covenants of the Agency set forth in the Fiscal Agent Agreement and each of the other Bond Documents to which the Agency is a party, as well as related defined terms contained therein, are hereby incorporated by reference herein with the same effect as if each and every such provision were set forth herein in its entirety for the benefit of the Bank and shall be enforceable by the Bank against the Agency. All such incorporated covenants shall be in addition to the express covenants contained herein and shall not be limited by the express covenants contained herein nor shall such incorporated covenants be a limitation on the express covenants contained herein. To the extent that any such incorporated provision permits any Person to waive compliance with or consent to such T-19609.003/1388688.doc provision or requires that a document, opinion, report or other instrument or any event or condition be acceptable or satisfactory to any Person, for purposes of this Agreement, such compliance shall be waived, or such provision shall be consented to, only if it is waived or consented to, as the case may be, by the Bank and such document, opinion, report or other instrument shall be acceptable or satisfactory to the Bank. No amendment to such covenants (or the defined terms relating thereto) made pursuant to the Bond Documents shall be effective to amend such incorporated covenants without the written consent of the Bank. Notwithstanding the termination or expiration of any Bond Document, the Agency shall, unless such Related Bond Document has terminated or expired in accordance with its terms and has been replaced by a new Bond Document, continue to observe the covenants therein contained for the benefit of the Bank until the termination of this Agreement.

Incorporation of Covenants. The covenants of the Agency set forth in the Fiscal Agent Agreement and each of the other Bond Documents to which the Agency is a party, as well as related defined terms contained therein, are hereby incorporated by reference herein with the same effect as if each and every such provision were set forth herein in its entirety for the benefit of the Bank and shall be enforceable by the Bank against the Agency. All such incorporated covenants shall be in addition to the express covenants contained herein and shall not be limited by the express covenants contained herein nor shall such incorporated covenants be a limitation on the express covenants contained herein. To the extent that any such incorporated provision permits any Person to waive compliance with or consent to such provision or requires that a document, opinion, report or other instrument or any event or condition be acceptable or satisfactory to any Person, for purposes of this Agreement, such compliance shall be waived, or such provision shall be consented to, only if it is waived or consented to, as the case may be, by the Bank and such document, opinion, report or other instrument shall be acceptable or satisfactory to the Bank. No amendment to such covenants (or the defined terms relating thereto) made pursuant to the Bond Documents shall be effective to amend such incorporated covenants without the written consent of the Bank. Notwithstanding the termination or expiration of any Bond Document, the Agency shall, unless such Related Bond Document has terminated or expired in accordance with its terms and has been replaced by a new Bond Document, continue to observe the covenants therein contained for the benefit of the Bank until the termination of this Agreement.

Incorporation of Covenants. The covenants of the Agency set forth in the Fiscal Agent Agreement and each of the other Bond Documents to which the Agency is a party, as well as related defined terms contained therein, are hereby incorporated by reference herein with the same effect as if each and every such provision were set forth herein in its entirety for the benefit of the Bank and shall be enforceable by the Bank against the Agency. All such incorporated covenants shall be in addition to the express covenants contained herein and shall not be limited by the express covenants contained herein nor shall such incorporated covenants be a limitation on the express covenants contained herein. To the extent that any such incorporated provision permits any Person to waive compliance with or consent to such 0000-0000-0000.6 provision or requires that a document, opinion, report or other instrument or any event or condition be acceptable or satisfactory to any Person, for purposes of this Agreement, such compliance shall be waived, or such provision shall be consented to, only if it is waived or consented to, as the case may be, by the Bank and such document, opinion, report or other instrument shall be acceptable or satisfactory to the Bank. No amendment to such covenants (or the defined terms relating thereto) made pursuant to the Bond Documents shall be effective to amend such incorporated covenants without the written consent of the Bank. Notwithstanding the termination or expiration of any Bond Document, the Agency shall, unless such Related Bond Document has terminated or expired in accordance with its terms and has been replaced by a new Bond Document, continue to observe the covenants therein contained for the benefit of the Bank until the termination of this Agreement.

Incorporation of Covenants. The covenants of the Agency Authority set forth in the Fiscal Agent Agreement General Bond Resolution and each of the other Bond Related Documents to which the Agency Authority is a party, as well as related defined terms contained therein, are hereby incorporated by reference herein with the same effect as if each and every such provision were set forth herein in its entirety for the benefit of the Bank Purchaser and shall be enforceable by the Bank Purchaser against the AgencyAuthority. All such incorporated covenants shall be in addition to the express covenants contained herein and shall not be limited by the express covenants contained herein nor shall such incorporated covenants be a limitation on the express covenants contained herein. To the extent that any such incorporated provision permits any Person to waive compliance with or consent to such provision or requires that a document, opinion, report or other instrument or any event or condition be acceptable or satisfactory to any Person, for purposes the waiver, or consent or approval, as applicable, of the Purchaser shall be required under this Agreement, Agreement and such compliance shall be waived, or such provision shall be consented to, only if it is waived or consented to, as the case may be, by the Bank Purchaser and such document, opinion, report or other instrument shall be acceptable or satisfactory to the BankPurchaser. No amendment to such covenants (or the defined terms relating thereto) made pursuant to the Bond Related Documents or cessation of the effectiveness of any such covenants shall be effective to amend or cease the effectiveness of such incorporated covenants without the written consent of the BankPurchaser. Notwithstanding the termination or expiration of any Bond Related Document, the Agency Authority shall, unless such Related Document has terminated or expired in accordance with its terms and has been replaced by a new Bond Related Document, continue to observe the covenants therein contained for the benefit of the Bank Purchaser until the termination of this Agreement. The Authority shall diligently and in good faith pursue enforcement of each of the Related Documents to which it is a party against each of the other parties thereto and shall in particular and not in limitation of the foregoing cause the Trustee at all times to comply with the terms of the Related Documents to which it is a party.

Incorporation of Covenants. (a) The covenants of the Agency Authority set forth in the Fiscal Agent Agreement General Bond Resolution and each of the other Bond Related Documents to which the Agency Authority is a party, as well as related defined terms contained therein, are hereby incorporated by reference herein with the same effect as if each and every such provision were set forth herein in its entirety for the benefit of the Bank Purchaser and shall be enforceable by the Bank Purchaser against the AgencyAuthority. All such incorporated covenants shall be in addition to the express covenants contained herein and shall not be limited by the express covenants contained herein nor shall such incorporated covenants be a limitation on the express covenants contained herein. To the extent that any such incorporated provision permits any Person to waive compliance with or consent to such provision or requires that a document, opinion, report or other instrument or any event or condition be acceptable or satisfactory to any Person, for purposes the waiver, or consent or approval, as applicable, of the Purchaser shall be required under this Agreement, Agreement and such compliance shall be waived, or such provision shall be consented to, only if it is waived or consented to, as the case may be, by the Bank Purchaser and such document, opinion, report or other instrument shall be acceptable or satisfactory to the BankPurchaser. No amendment to such covenants (or the defined terms relating thereto) made pursuant to the Bond Related Documents or cessation of the effectiveness of any such covenants shall be effective to amend or cease the effectiveness of such incorporated covenants without the written consent of the BankPurchaser. Notwithstanding the termination or expiration of any Bond Related Document, the Agency Authority shall, unless such Related Document has terminated or expired in accordance with its terms and has been replaced by a new Bond Related Document, continue to observe the covenants therein contained for the benefit of the Bank Purchaser until the termination of this Agreement.

Incorporation of Covenants. The covenants of the Agency Authority set forth in the Fiscal Agent Agreement and each of the other Bond Related Documents to which the Agency Authority is a party, as well as related defined terms contained therein, party are hereby incorporated by reference herein with the same effect as if each and every such provision were set forth herein in its entirety this Agreement for the benefit of the Bank and shall be enforceable by the Bank against the Agency. All such incorporated covenants shall be in addition to the express covenants contained herein and shall not be limited by the express covenants contained herein nor shall such incorporated covenants be a limitation on the express covenants contained hereinLender. To the extent that any such incorporated provision permits any Person to waive compliance with or consent to such provision or requires that a document, opinion, report or other instrument or any event or condition be acceptable or satisfactory to any Person, for purposes of this Agreement, such compliance shall be waived, or such provision shall be consented to, only if it is waived or consented to, as the case may be, by the Bank Lender and such document, opinion, report or other instrument shall be acceptable or satisfactory to the BankLender. No amendment to such covenants (or the defined terms relating thereto) made pursuant to the Bond Documents Related Documents, which could reasonably be expected to have a Material Adverse Effect, shall be effective to amend such incorporated covenants without the prior written consent of the BankLender. Notwithstanding So long as (i) the termination Commitment has not been reduced to zero or expiration terminated pursuant to the terms of this Agreement or (ii) any Bond DocumentObligations remain outstanding, the Agency shall, unless such Related Document has terminated or expired in accordance with its terms and has been replaced by a new Bond Document, Authority shall continue to observe comply with the covenants and undertakings set forth in the Senior Lien Trust Agreement and the Trust Agreement, notwithstanding anything therein contained for limiting such compliance to when a “Bond” (as defined in the benefit of the Bank until the termination of this Senior Lien Trust Agreement) or a Subordinate Obligation, as applicable, remains outstanding thereunder.