Common use of Performance, Etc Clause in Contracts

Performance, Etc. The Borrower shall have duly and properly performed, complied with and observed in all material respects each of its covenants, agreements and obligations contained in Sections 8, 9 and 10 hereof, and shall have duly and properly performed, complied with and observed in all material respects its covenants, agreements, and obligations in all other articles of this Agreement and any of the other Loan Documents to which it is a party or by which it is bound on the Drawdown Date of such Advance or the date of the issuance of such Letter of Credit. No event shall have occurred on or prior to such date and be continuing, and no condition shall exist on such date, which constitutes an Event of Default or which would, with notice or the lapse of time or both, constitute an Event of Default or a Default.

Performance, Etc. The Borrower shall have duly and properly performed, complied with and observed in all material respects each of its covenants, agreements and obligations contained in Sections 8Section Section 6, 9 7, and 10 8 hereof, and shall have duly and properly performed, complied with and observed in all material respects its covenants, agreements, and obligations in all other articles of this Agreement and any of the other Loan Documents to which it is a party or by which it is bound on the Drawdown Date of such Advance or the date of the issuance of such Letter of Credit. No event shall have occurred on or prior to such date and be continuing, and no condition shall exist on such date, which constitutes an Event of Default or which would, with notice or the lapse of time or both, constitute an Event of Default or a Default.