Common use of Performance Under Agreements Clause in Contracts

Performance Under Agreements. The Company shall perform its obligations under this Agreement, each other Transaction Document, and each other contract to which it is a party; provided however, that the Company shall not be required to so perform its obligations under any contract (other than the Stock Purchase Agreement, the Merger Agreement, this Agreement and any other Transaction Document) to the extent it is reasonably contesting such obligations in good faith and in an appropriate manner and, if required by GAAP, it has made appropriate reserves and accruals with respect thereto.

Performance Under Agreements. The Company shall perform its obligations under this Agreement, each other Transaction Loan Document, and each other contract to which it is a party; provided however, that the Company shall not be required to so perform its obligations under any contract (other than the Stock Purchase this Agreement, the Merger Agreement, this Agreement and any other Transaction DocumentLoan Document and the December Debt Agreement) to the extent it is reasonably contesting such obligations in good faith and in an appropriate manner and, if required by GAAP, it has made appropriate reserves and accruals with respect thereto.