Performance Undertaking Sample Clauses

Performance Undertaking. 8.1 The Parties agree and acknowledge that 2012 Net Profit is more than RMB 30,000,000 and no performance adjustment could occur under Section 7.13 of the Original Agreement.

Performance Undertaking. We hereby unconditionally and irrevocably agree with and undertake to the Seller and its assigns that we will ensure that the Originator shall at all times have sufficient funds, whether it be by capital contribution, loan to the Originator, arrangement with third parties to provide funds to the Originator or otherwise (and in each case remitted to an account specified by the Seller for the benefit of the Originator), to enable the Originator to make full and prompt payment and perform and observe all covenants, agreements, terms, conditions and indemnities under and pursuant to the Purchase Agreement and each other document executed and delivered by the Originator pursuant to or in connection with the Purchase Agreement (collectively, the "Obligations"). The Obligations shall include, without limitation, all obligations of the Originator as "Sub-Servicer" under the Purchase Agreement. The Seller shall be at liberty, without giving notice to us or obtaining our assent and without relieving us of any of our liabilities under this Agreement, to deal with the Originator and with each other party who now is or after the date hereof becomes obligated in any manner for any of the Obligations, in such manner as the Seller in its sole discretion deems fit, and to this end we agree that the validity and enforceability of this Agreement shall not be impaired or affected by any of the following: (a) any waiver, extension, modification or renewal of, or indulgence with respect to, or substitutions for, the Obligations or any part thereof or any agreement relating thereto at any time; (b) any failure or omission to enforce any right, power or remedy with respect to the Obligations or any part thereof or any agreement relating thereto, or with respect to any collateral securing the Obligations or any part thereof, (c) the existence of any claim, set-off or other rights which we may have at any time against the Originator in connection herewith or any unrelated transaction; or (d) any failure on the part of the Originator to perform or comply with any term of the Purchase Agreement or any other document executed in connection therewith or delivered thereunder, all whether or not we shall have had notice or knowledge of any act or omission referred to in the foregoing clauses (a) through (d). This Agreement is absolute, unconditional and continuing and is in no way conditioned upon any requirement that the Seller first take any action against the Originator with respect t...

Performance Undertaking. The Administrative Agent shall have received, on or before the date hereof, counterpart signature pages to the Reaffirmation of Performance Undertaking Agreement dated as of the date hereof made by the Parent in favor of the Administrative Agent.

Performance Undertaking. Each Agent shall have received, on or before the date hereof, a Performance Undertaking duly executed by Provider and in form and substance reasonably acceptable to the Agents.

Performance Undertaking. The Performance Guarantor hereby affirms that the Performance Undertaking in full force and effect and unaltered except that references therein to “The Bank of Nova Scotia” shall be deemed to be references to the “Gotham Group.”

Performance Undertaking. The Performance Undertaking, duly executed by the Performance Guarantor.

Performance Undertaking. The Performance Undertaking ceases to be effective or to be the legally valid, binding and enforceable obligation of the Performance Guarantor, or the Performance Guarantor directly or indirectly contests in any proceeding in any court or any mediation or arbitral proceeding such effectiveness, validity, binding nature or enforceability of its obligations thereunder; or

Performance Undertaking. (a) The Performance Undertaking Provider hereby agrees for the benefit of each of the Beneficiaries to cause each Performance Party to pay and perform its Obligations when and as due in accordance with the Transaction Documents. (b) If any Performance Party fails to pay or perform any of its Obligations when and as due in accordance with the Transaction Documents, then the Performance Undertaking Provider shall, subject to a Responsible Officer of the Performance Undertaking Provider receiving notice from any Beneficiary of or otherwise being aware of such failure and subject to any grace period applicable to the Obligations in accordance with the Transaction Documents, immediately perform, or cause the performance of, such Obligations, and shall, subject to such grace period, immediately pay to the Administrative Agent for the account of the relevant Beneficiaries, in same day funds, any such Obligations for the payment of money.

Performance Undertaking. Provider agrees that, contemporaneously with the execution and delivery of this Agreement, it is executing and delivering the Performance Undertaking, in the form attached hereto as Schedule C, in order to guaranty, among other things, obligations of the Servicer under or in connection with this Agreement. [SIGNATURE PAGES FOLLOW]