Post Execution Covenants Sample Clauses

Post Execution Covenants. (a) Notwithstanding anything to the contrary contained in this Agreement or the other Loan Documents to the contrary, (i) within 45 days of the date hereof, one or more of the Obligors shall have transferred at least $30,000,000 of cash, Cash Equivalents and Long Term Liquid Investments (determined by their current market value) satisfactory to Agent to a securities account with Bank of America, N.A. subject to a Securities Account Control Agreement in form and substance satisfactory to Agent and (ii) within 30 days of the date hereof, the Obligors shall have closed the HSBC Deposit Accounts and the ▇▇▇▇▇▇▇ ▇▇▇▇▇ Securities Accounts. (b) Notwithstanding anything to the contrary contained in this Agreement or the other Loan Documents to the contrary, within 45 days of the date hereof, upon giving [***] Confidential information has been omitted and filed separately with the Securities and Exchange Commission pursuant to a confidential treatment request. effect to, and only immediately following, any initial funding of Loans and issuance of Letters of Credit and the payment by Borrower of all fees and expenses incurred in connection herewith as well as any payables stretched beyond their customary payment practices, Liquidity shall be at least $40,000,000, of which at least $10,000,000 shall be Availability. (c) Notwithstanding anything to the contrary contained in this Agreement or the other Loan Documents to the contrary, within 5 Business Days of the date hereof (or such later date as determined by Agent in its sole discretion) the Borrower shall have (i) served notices of assignment on each customer identified in the List of Existing Customers (as defined in the Borrower Security Agreement) and (ii) inserted the legend substantially in the form of Schedule 7 (Form of Legends) to the Borrower Security Agreement in each invoice it issues to the relevant counterparty under or in respect of a Relevant Contract (as defined in the Borrower Security Agreement), in each case in accordance with the Borrower Security Agreement. (d) Notwithstanding anything to the contrary contained in this Agreement or the other Loan Documents to the contrary, within 15 Business Days of the date hereof (or such later date as determined by Agent in its sole discretion) the Obligors shall have delivered such instruments or other documents or agreements, and shall have taken such actions, as Agent deems appropriate under Applicable Law to evidence and perfect its Lien in the Equity In...