Special Covenant of Seller Sample Clauses

Special Covenant of Seller. At all times prior to the later of (i) the Termination Date or (ii) the date on which all obligations of the Seller under this Agreement and Guarantor under the Guaranty Agreement have been performed in full, Seller agrees not to (a) make or own (including a participation in) any loan to any Obligor or member of its Obligor Group unless such Obligor's or member's obligation, as the case may be, to repay such loan is subordinate to such Obligor's or member's obligation, as the case may be, to repay the Loan or Loans made to such Obligor and sold to the Buyer under this Agreement and (b) own a corporation or other business entity that makes loans to an Obligor or member of its Obligor Group if such Obligor's or member's repayment obligation on such loan is senior to its obligation to repay the Loan or Loans made to Obligor or its member and sold to the Buyer hereunder. [End of Article VI]
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Special Covenant of Seller. UPAC and Parent . From the date hereof until the Final Payout Date, Seller, UPAC and Parent agree that Seller shall (and Parent shall cause each of the Originators to operate such that the Seller shall) be operated in such a manner that it will not be substantively consolidated in the bankruptcy estate of any Affiliate such that the separate corporate existence of Seller would be disregarded in the event of a bankruptcy or insolvency of any Affiliate, and Seller is and shall be operated in such a manner that no Affiliate shall be substantively consolidated in the bankruptcy estate of Seller, such that, in the event that Seller were to be a debtor in a case under the Bankruptcy Code, the separate existence of Seller or the separate corporate existence of UPAC, or the separate existence of any other Affiliate or Originator, would be disregarded so as to lead to substantive consolidation of the assets and liabilities of UPAC, any other Originator, Parent or any other Affiliate with the bankruptcy estate of Seller, and in that regard:
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Special Covenant of Seller. At all times prior to the later of (i) the Termination Date or (ii) the date on which all obligations of Seller and Guarantor under this Agreement have been performed in full, Seller agrees not to
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Special Covenant of Seller. 51 ARTICLE VII
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Related to Special Covenant of Seller

  • Special Covenants If any Company shall fail or omit to perform and observe Section 5.7, 5.8, 5.9, 5.11, 5.12, 5.13 or 5.15 hereof.

  • Specific Financial Covenants During the term of this Agreement, and thereafter for so long as there are any Obligations to Lender, Borrower covenants that, unless otherwise consented to by Lender in writing, it shall:

  • Negative Covenants of Seller On and as of the date hereof and each Purchase Date and until this Agreement is no longer in force with respect to any Transaction, Seller shall not without the prior written consent of Buyer:

  • Environmental Covenant The Borrower will, and will cause each of its Subsidiaries to,

  • Certain Financial Covenants The Borrower will not:

  • to Compliance Certificate Financial Covenants of Borrower In the event of a conflict between this Schedule and the Loan Agreement, the terms of the Loan Agreement shall govern. Dated:

  • Additional Covenants of the Seller The Seller hereby covenants and agrees with the Depositor as follows:

  • Environmental Covenants Borrower covenants and agrees that so long as Borrower owns, manages, is in possession of, or otherwise controls the operation of the Property: (a) all uses and operations on or of the Property, whether by Borrower or any other person or entity, shall be in compliance with all Environmental Laws and permits issued pursuant thereto; (b) there shall be no Releases of Hazardous Materials in, on, under or from the Property, except in compliance with Environmental Laws; (c) there shall be no Hazardous Materials in, on, or under the Property, except those that are both (i) in compliance with all Environmental Laws and with permits issued pursuant thereto, if and to the extent required, and (ii) (A) in amounts not in excess of that necessary to operate the Property or (B) fully disclosed to and approved by Lender in writing; (d) Borrower shall keep the Property free and clear of all liens and other encumbrances imposed pursuant to any Environmental Law, whether due to any act or omission of Borrower or any other person or entity (the "Environmental Liens"); (e) Borrower shall, at its sole cost and expense, fully and expeditiously cooperate in all activities pursuant to Section 12.3 below, including but not limited to providing all relevant information and making knowledgeable persons available for interviews; (f) Borrower shall, at its sole cost and expense, perform any environmental site assessment or other investigation of environmental conditions in connection with the Property, pursuant to any reasonable written request of Lender, upon Lender's reasonable belief that the Property is not in full compliance with all Environmental Laws, and share with Lender the reports and other results thereof, and Lender and other Indemnified Parties shall be entitled to rely on such reports and other results thereof; (g) Borrower shall, at its sole cost and expense, comply with all reasonable written requests of Lender to (i) reasonably effectuate remediation of any Hazardous Materials in, on, under or from the Property in violation of Environmental Law; and (ii) comply with any Environmental Law; (h) Borrower shall not allow any tenant or other user of the Property to violate any Environmental Law; and (i) Borrower shall immediately notify Lender in writing after it has become aware of (A) any presence or Release or threatened Releases of Hazardous Materials in, on, under, from or migrating towards the Property; (B) any non-compliance with any Environmental Laws related in any way to the Property; (C) any actual or potential Environmental Lien; (D) any required or proposed remediation of environmental conditions relating to the Property; and (E) any written or oral notice or other communication of which Borrower becomes aware from any source whatsoever (including but not limited to a governmental entity) relating in any way to Hazardous Materials. Any failure of Borrower to perform its obligations pursuant to this Section 12.2 shall constitute bad faith waste with respect to the Property.

  • Financial Covenants So long as any Advance or any other Obligation of any Loan Party under any Loan Document shall remain unpaid, any Letter of Credit shall be outstanding or any Lender Party shall have any Commitment hereunder, the Borrower will:

  • Compliance with Financial Covenants Schedule A attached hereto sets forth financial data and computations evidencing the Borrower’s compliance with certain covenants of the Agreement, all of which data and computations are true, complete and correct.

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