Covenants means the covenants set forth in Section 4 of this Agreement.
Negative Covenants The Postpetition Financing Documents shall contain negative covenants of the Borrower acceptable to the Lender.
Restrictive Covenant Agreements has the meaning set forth in the Recitals.
Affirmative Covenants The following affirmative covenants, among others, if any, to be negotiated in the Senior Facilities Documentation, will apply (to be applicable to the Borrower and its restricted subsidiaries), subject to customary (consistent with the Documentation Precedent) and other baskets, exceptions and qualifications to be agreed upon: maintenance of corporate existence and rights; performance and payment of obligations; delivery of annual and quarterly consolidated financial statements (accompanied by customary management discussion and analysis and (annually) by an audit opinion from nationally recognized auditors that is not subject to any qualification as to scope of such audit or going concern) (other than solely with respect to, or resulting solely from an upcoming maturity date under any series of indebtedness occurring within one year from the time such opinion is delivered) (with extended time periods to be agreed for delivery of the first annual and certain quarterly financial statements to be delivered after the Closing Date) and an annual budget (it being understood that the public REIT reporting that includes the Borrower shall satisfy the Borrower’s reporting obligations so long as it includes a consolidating income statement and balance sheet for the Borrower); delivery of notices of default and material adverse litigation, ERISA events and material adverse change; maintenance of properties in good working order; maintenance of books and records; maintenance of customary insurance; commercially reasonable efforts to maintain ratings (but not a specific rating); compliance with laws; inspection of books and properties; environmental; additional guarantors and additional collateral (subject to limitations set forth under the captions “Guarantees” and “Security”); further assurances in respect of collateral matters; use of proceeds; and payment of taxes.
Restrictive Covenant Agreement means any agreement, and any attachments or schedules thereto, entered into by and between the Participant and the Partnership or its Affiliates, pursuant to which the Participant has agreed, among other things, to certain restrictions relating to non-competition (if applicable), non-solicitation and/or confidentiality, in order to protect the business of the Partnership and its Affiliates.
Warranties - means collectively any and all warranties (if any) given by the Bidder in terms of this agreement.
Covenant means a covenant, condition, limitation or restriction in a document or instrument in effect at Date of Policy.
Restrictive Covenant has the meaning set forth in Section 6(c).
Representations means the written Representations and Warranties provided by Borrower to Silicon referred to in the Schedule.
Financial Covenants means the covenants set forth in Section 6.2.
Financial Performance Covenants means the covenants of the Borrower set forth in Section 10.11.
Fundamental Representations and Warranties means the representations and warranties contained in Sections 3.1, 3.2, 3.6, 4.1 and 4.
Environmental covenant means a servitude arising under an environmental response project that imposes activity and use limitations.
Restrictive Covenants means the restrictive covenants contained in Section 13(c) hereof.
Seller’s Warranties means Seller’s representations and warranties set forth in Section 9.2 and the Closing Documents executed by Seller, as such representations and warranties may be deemed modified or waived by Buyer pursuant to the terms of this Agreement.
Events of Default has the meaning specified in Section 6.01.
Perfection Representations means the representations, warranties and covenants set forth in Schedule 1 attached hereto.
Company Representations means the representations and warranties of the Company expressly and specifically set forth in Article IV of this Agreement, as qualified by the Schedules. For the avoidance of doubt, the Company Representations are solely made by the Company.
Covenant Compliance Worksheet means a fully completed worksheet in the form of Attachment A to Exhibit C.
Breach of Agreement provisions of Section 5(a)(ii) will apply to Party A and will not apply to Party B.
the limits of deviation means the limits of deviation shown on the deposited plan;
Noncompetition Agreements as defined in Section 2.4(a)(iv).
Necessary Personal Effects means items such as clothing and toiletry items, which are included in the Insured’s Baggage and are required for the Insured’s Trip.
Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.
Breach of trust means a breach of any duty imposed on a trustee by this Act or by the terms of the trust;
Financial Consequences means a financial sanction imposed for an anti-doping rule violation or to recover costs associated with an anti-doping rule violation; and