Other Documents, Etc. Pay, perform and fulfill all of its obligations and covenants under each of the Loan Documents, and any other material document, instrument or agreement to which it is a party including, without limitation, other documents evidencing and/or securing Indebtedness in accordance with their respective terms, giving effect to any grace periods therein specified; provided that with respect to documents, instruments and agreements other than the Loan Documents so long as the Borrower and/or any Subsidiary is contesting in good faith any alleged failure by the Borrower and/or Subsidiary to pay, perform and fulfill such obligations and covenants by proper proceedings and has made a reserve deemed adequate by the Borrower or other provision in accordance with GAAP on account thereof and such alleged failure by the Borrower and/or any Subsidiary has not resulted in any Material Adverse Effect and/or a material adverse effect on any Bank's or on the Agent's interests under the Loan Documents, the Borrower shall not be deemed in violation of this Section 5.01(i).
Appears in 2 contracts
Sources: Loan Agreement (Wellman Inc), Loan Agreement (Wellman Inc)
Other Documents, Etc. Pay, perform and fulfill all of its obligations and covenants under each of the Loan Related Documents, and any other material document, instrument or agreement to which it is a party including, including without limitation, limitation other documents evidencing and/or securing Indebtedness in accordance with their respective terms, giving effect to any grace periods therein specified; provided provided, that with respect to documents, instruments and agreements other than the Loan Related Documents so long as the Borrower and/or any Subsidiary is contesting in good faith any alleged failure by the Borrower and/or Subsidiary to pay, perform and fulfill such obligations and covenants by proper proceedings and has made a reserve deemed adequate by the Borrower or other provision in accordance with GAAP on account thereof and such alleged failure by the Borrower and/or any Subsidiary has not resulted in any Material Adverse Effect on the Borrower and/or a material adverse effect on any Bank's or on the Agent's interests under this Agreement, the Loan Notes and/or the Related Documents, the Borrower shall not be deemed in violation of this Section 5.01(i5.01(I).
Appears in 1 contract
Sources: Loan Agreement (Wellman Inc)