Operating Covenants definition

Operating Covenants means any covenants set forth on SCHEDULE 1 to this Certificate of Designation.
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Operating Covenants means the covenants described herein.
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Operating Covenants means, collectively, as the same may be amended, restated, supplemented or otherwise modified from time to time, each of those agreements more specifically described on Schedule V.
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Examples of Operating Covenants in a sentence

  • Operating Covenants During Execution PeriodIn an M&A transaction with a bifurcated signing and closing, the target company typically agrees to certain covenants regarding the operation of its business during the period between signing and closing (known as the “executory period” or “interim period”).

  • Along with identification, the checklist also identifies how the risk is being mitigated.Therapeutic consultation is a service that provides advanced assessments and planning for children who are not demonstrating outcomes with their current treatment and it is anticipated that a crisis event may occur without the consultation.

  • Section 5.06(f) of the Merger Agreement, which covered the WPZ Termination Fee Reimbursement, triggered payment of the fee if ETE terminated the agreement due to passage of the outside date and, at the time of termination, was in breach of any enumerated provisions, including the Capital Structure Representation, the Ordinary Course Covenant, the Interim Operating Covenants, and efforts obligations.61 According to Williams, ETE was in breach of these provisions when it terminated.

  • Except as set forth on Schedule V, the Operating Covenants have not been modified, amended or supplemented.

  • The Operating Covenants are each in full force and effect and neither Borrower nor, to Borrower’s Knowledge, any other party to the Operating Covenants, is in default thereunder, and to Borrower’s Knowledge, there are no conditions which, with the passage of time or the giving of notice, or both, would constitute a default thereunder.

  • If Section 4.01(b)(v) of the PDL only applied to this covenant, then ETE’s breach of the other Interim Operating Covenants contained in Section 4.01(b) of the Agreement would not be excused.

  • Execute the Operating Covenants Agreement (the “Agreement”) which shall include provisions regarding continuing use, maintenance, non-discrimination, and such other provisions as the City Council in its sole discretion, may reasonably determine are necessary or appropriate to preserve the goals and intent of this policy.

  • The Ordinary Course Covenant and each of the Interim Operating Covenants were subject to certain exceptions in Section 4.01(b) of the Parent Disclosure Letter.

  • To the extent required in Section 8.1 (Management and Operating Covenants), Tenant shall promptly make (or cause others to make) all necessary repairs, renewals and replacements, whether structural or nonstructural, interior or exterior, ordinary or extraordinary, foreseen or unforeseen.

  • As explained below, I find that the Preferred Offering breached at least the Ordinary Course Covenant, the Interim Operating Covenants, and the Capital Structure Representation.


More Definitions of Operating Covenants

Operating Covenants. Usual and customary for transactions of this type, including without limitation, restrictions on indebtedness, guarantees and other liabilities (other than certain permitted baskets to be determined), liens, acquisitions, investments, dividends and other distributions, mergers, sale of assets, subsidiary distributions, voluntary payments of other debt, derivative contracts, affiliate transactions, negative pledges, etc. Standard affirmative covenants regarding payment of claims and taxes, conduct of business, compliance with laws and contracts, ERISA compliance, etc. Such other terms and conditions as may be necessary, in the reasonable judgment of the Agent, to complete a successful syndication of the Facilities. The Agent reserves the right to conduct commercial finance examinations, if deemed necessary.
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Operating Covenants means the covenants and agreements described on Exhibit "G" hereto.
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Operating Covenants means the covenants described in Section 3.48.030 of thiscode.
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Operating Covenants means the covenants in Section 4.1 and Section 4.2(c) and (e) through (aa).
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Operating Covenants shall have the meaning as defined in Section 14(a) of this Agreement.
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Related to Operating Covenants

  • Negative Covenants The Postpetition Financing Documents shall contain negative covenants of the Borrower acceptable to the Lender.

  • Covenants means the covenants set forth in Section 4 of this Agreement. To acknowledge your agreement to and acceptance of the terms and conditions of this Agreement, please sign below in the space provided within five (5) days of the date of this Agreement and return a signed copy to my attention. If the Agreement is not signed and returned within (5) days, the terms and conditions of this Agreement will be deemed withdrawn. Sincerely, MEDQUIST INC. By: Xxxxx X. Xxxxxxx President Accepted and Agreed:

  • 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.

  • Maintenance Covenant A covenant by any borrower to comply with one or more financial covenants (including without limitation any covenant relating to a borrowing base, asset valuation or similar asset-based requirement) during each reporting period, that exists regardless of whether or not such borrower has taken any specified action and includes a covenant that applies only when the related loan is funded.

  • Environmental covenant means a servitude arising under an environmental response project that imposes activity and use limitations.

  • Financial Covenants means the covenants set forth in Section 6.2.

  • Normal Operating Conditions means those Service conditions which are within the control of Grantee. Those conditions which are not within the control of Grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of Grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the Cable System.

  • Financial Covenant Default has the meaning assigned to such term in Section 8.01(6).

  • Financial Performance Covenants means the covenants of the Borrower set forth in Section 10.11.

  • Financial Covenant Event of Default has the meaning specified in Section 8.01(b).

  • Debt Service Requirements means the aggregate principal payments (whether at maturity or pursuant to scheduled mandatory sinking fund redemption requirements) and interest payments on the Bonds for the period of time for which calculated; provided, however, that for purposes of calculating such amount, principal and interest shall be excluded from the determination of Debt Service Requirements to the extent that such principal or interest is payable from amounts deposited in trust, escrowed or otherwise set aside for the payment thereof with the Paying Agent or other commercial bank or trust company located in the State and having full trust powers.

  • Rent Restriction Test means the test pursuant to Section 42 of the Code whereby the gross rent charged to tenants of the low-income apartment units in the Apartment Housing cannot exceed 30% of the qualifying income levels of those units under Section 42.

  • Covenant Compliance Event means that Excess Availability at any time is less than the greater of (a) ten (10%) percent of the Line Cap or (b) $7,000,000. For purposes hereof, the occurrence of a Covenant Compliance Event shall be deemed continuing until Excess Availability has exceeded the amounts set forth above for thirty (30) consecutive days, in which case a Covenant Compliance Event shall no longer be deemed to be continuing for purposes of this Agreement. The termination of a Covenant Compliance Event as provided herein shall in no way limit, waive or delay the occurrence of a subsequent Covenant Compliance Event in the event that the conditions set forth in this definition again arise.

  • Maintenance Requirements shall have the meaning set forth in Clause 14.2;

  • Previously Absent Financial Maintenance Covenant means, at any time, any financial maintenance covenant that is not included in the Loan Documents at such time.

  • Covenant Compliance Worksheet means a fully completed worksheet in the form of Attachment A to Exhibit C.

  • Pre-Existing Conditions means, in respect of the Insured Person, any Sickness, Disease, Injury, physical, mental or medical condition or physiological degradation, including Congenital Condition, that has existed prior to the Policy Issuance Date or the Policy Effective Date, whichever is the earlier. An ordinary prudent person shall be reasonably aware of a Pre- existing Condition, where -

  • Financial Covenant means the covenant set forth in Section 7.09.

  • Tax Covenant means the covenant relating to Tax set out in Schedule 9;

  • Performance Requirements The ordering entity reserves the right to inspect and verify that all deliveries are in accordance with specifications, both at the point of delivery and at the point of use. For orders that specify an “authorized party” to receive and inspect deliveries and/or installations, acceptance and inspection procedures must be performed by the” authorized party” to be considered and accepted by the ordering entity. Products inspected at the time of use are subject to refusal and return requirements for issues of quality such as defects in manufacturing and/or workmanship. Products will not be considered accepted by the ordering entity until the installation is complete for the applicable products.

  • Restrictive Covenant Agreements is defined in the Recitals.

  • Pre-existing Medical Condition means any condition which:

  • Transfer fee covenant means a declaration or covenant purporting to affect real property which requires or purports to require the payment of a transfer fee to the declarant or other person specified in the covenant or declaration, or to their successors or assigns, upon a subsequent transfer of an interest in the real property.

  • Covenant means a covenant, condition, limitation or restriction in a document or instrument in effect at Date of Policy.

  • Article 55 BRRD means Article 55 of Directive 2014/59/EU establishing a framework for the recovery and resolution of credit institutions and investment firms.

  • Initial compliance period means the first full three-year compliance period which begins at least 18 months after promulgation, except for the following contaminants: Dichloromethane; 1,2,4-Trichlorobenzene; 1,1,2- Trichloroethane; Benzo[a]pyrene; Dalapon; Di(2-ethylhexyl adipate; Di(2-ethylhexyl) phthalate; Dinoseb; Diquat; Endothall; Endrin; Glyphosate; Hexachlorobenzene; Hexachlorocyclopentadiene; Oxamyl (Vydate); Picloram; Simazine; 2,3,7,8-TCDD (Dioxin); Antimony; Beryllium; Cyanide; Nickel; and Thallium, initial compliance period means the first full three-year compliance period after promulgation for systems with 150 or more service connections (January 1993 -December 1995) and first full three-year compliance period after the effective date of regulation (January 1996 - December 1998) for systems having fewer than 150 service connections.