Performance by Xxxxxxxx. Xxxxxxxx hereby acknowledges and agrees that Xxxxxxxx’s observance, performance and fulfillment of each and every covenant, term and provision to be observed and performed by Borrower under this Agreement, the Security Instrument, the Note and the other Loan Documents is a material inducement to Lender in making the Loan. Section 4.12
Performance by Xxxxxxxx. Unless Borrower obtains Xxxxxx's prior written consent, Borrower shall not:
Performance by Xxxxxxxx. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision of each Loan Document executed and delivered by, or applicable to, Borrower, and shall not enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Loan Document executed and delivered by, or applicable to, Borrower without the prior written consent of Lender. 5.1.16
Performance by Xxxxxxxx. Xxxxxxxx hereby acknowledges and agrees that Xxxxxxxx’s observance, performance and fulfillment of each and every covenant, term and provision to be observed and performed by Borrower under this Agreement, the Pledge Agreement, the Note and the other Loan Documents is a material inducement to Lender in making the Loan.
Performance by Xxxxxxxx. 2.1. Notwithstanding this Assignment, Borrower shall remain liable for any obligations undertaken by it pursuant to any Lease. Lender may elect, in its sole discretion, to assume any and all such obligations of Borrower under any Lease by written notice to the resident under such Lease with a copy to Borrower; provided, however, that Borrower shall remain liable for such obligations notwithstanding such election by Xxxxxx.
Performance by Xxxxxxxx. All covenants of Novamind under this Agreement to be performed or complied with on or before the Effective Time which have not been waived by Numinus shall have been duly performed or complied with by Novamind in all material respects, and Numinus shall have received a certificate of Novamind, addressed to Numinus and dated the Effective Date, signed on behalf of Novamind by two senior officers of Novamind (on Novamind’s behalf and without personal liability), confirming the same as of the Effective Date.
Performance by Xxxxxxxx. Subject to Section [8.13], so long as any Loan remains outstanding and unpaid or any other amount is owing to any Facility Lender hereunder, the Borrower will promptly pay all amounts payable by it under this Credit Agreement and the Note in accordance with the terms hereof and thereof and shall duly perform each of its obligations under this Credit Agreement and the Note. Notwithstanding the foregoing, the parties hereto acknowledge that it is the intent of the parties that all payments of Basic Rent and the Lease Balance (other than any Excepted Payments) shall be made to Administrative Agent, and that Administrative Agent shall distribute such funds pursuant to Section 5.3
Performance by Xxxxxxxx. Borrower shall (i) at all times comply in all material respects with all Easements, covenants, restrictions, declarations or other agreements of record to which Borrower is a party or to which Borrower or the Property is bound, and (ii) without the prior written consent of Administrative Agent (not to be unreasonably withheld, conditioned or delayed), will not terminate, or amend or modify in any material respect, any of the foregoing. 4.1.28
Performance by Xxxxxxxx. Observe, perform and satisfy, in a timely manner, all the terms, provisions, covenants and conditions of, and pay when due all costs, fees and expenses to the extent required under the Loan Documents and delivered by, or applicable to Borrower; and
Performance by Xxxxxxxx. Borrower shall at all times diligently enforce its rights and perform its duties and obligations in, under and to the Purchase Agreement, unless otherwise permitted by Lender or anyother Permitted Owner in writing, and shall, at Borrower’s sole cost and expense, appear in and defend Lender and any other Permitted Owner in any action or proceeding in any wayconnected with the Purchase Agreement, and shall pay all reasonable costs andexpenses, including, without limitation, attorneys’ fees, which Lender or any other Permitted Owner may incur in connection with Xxxxxx’s or any other Permitted Owner’s appearance, voluntarily or otherwise, in any such action or proceeding in any way connected with the Purchase Agreement. Lender’s or any other Permitted Owner’s permission to Borrower not to perform under the Purchase Agreement shall not restrict or limit Equity Provider’s rights and remedies under the Purchase Agreement for Borrower’s resulting default, if any.
