Affirmative Covenants and Agreements. Borrower covenants as of the date hereof and until such time as all Obligations shall be paid and performed in full, that:
Affirmative Covenants and Agreements. From the date hereof, until the consummation of a Purchaser Approved Offering or the sale by Purchaser of all of its equity interests in the Company, the Company shall comply with the following:
Affirmative Covenants and Agreements. 6.1 As-Is. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE AS FOLLOWS: (A) PURCHASER IS A SOPHISTICATED PURCHASER WHO IS FAMILIAR WITH THESE TYPES OF PROPERTIES; (B) EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER SELLER, SELLER’S AFFILIATES NOR ANY OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, BROKERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, MANAGING MEMBERS, SHAREHOLDERS, PARTNERS (GENERAL OR LIMITED), ELECTED OFFICIALS, EMPLOYEES, OR ANYONE ELSE ACTING ON BEHALF OF, FOR THE BENEFIT OF OR AT THE DIRECTION OF, SELLER, HAVE MADE OR WILL MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTIES; AND (C) EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROPERTIES ARE BEING SOLD TO PURCHASER IN THEIR PRESENT “AS IS, WHERE IS” CONDITION “WITH ALL FAULTS.” PURCHASER HAS BEEN AFFORDED THE OPPORTUNITY TO MAKE ANY AND ALL INSPECTIONS OF THE PROPERTIES AND SUCH RELATED MATTERS AS PURCHASER MAY REASONABLY DESIRE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND EXCEPT TO THE EXTENT SPECIFICALLY SET FORTH IN THIS AGREEMENT:
Affirmative Covenants and Agreements. Each Borrower and Grantor, as applicable covenants, on behalf of itself and each other Borrower and Grantor hereunder, as of the closing of the Loan and until such time as all Obligations shall be indefeasibly paid and performed in full, the following: 37867101.2 01/05/2021
Affirmative Covenants and Agreements. 6 Section 4.1 Commencement and Completion of Construction. 6 Section 4.2 Approval of Construction. 6 Section 4.3 Intentionally Omitted. 7 Section 4.4 Compliance with Laws; Encroachments. 7 Section 4.5 Inspections; Cooperation. 7 Section 4.6 Contracts, Vouchers and Receipts. 7 Section 4.7 Payment and Performance of Contractual Obligations. 7 Section 4.8 Correction of Construction Defects. 8 Section 4.9 Insurance. 8 Section 4.10 Adjustment of Condemnation and Insurance Claims. 9 Section 4.11 Utilization of Net Proceeds. 10 Section 4.12 Management. 11 Section 4.13 Books and Records; Financial Statements; Tax Returns. 11 Section 4.14 Estoppel Certificates. 12 Section 4.15 Taxes. 12 Section 4.16 Lender's Rights to Pay and Perform. 13 Section 4.17 Reimbursement; Interest. 13 Section 4.18 Notification by Borrower. 13 Section 4.19 Indemnification by Borrower. 14 Section 4.20 Fees and Expenses. 14 Section 4.21 Appraisals. 14 Section 4.22 Leasing and Tenant Matters. 15 Section 4.23 Use and Occupancy of the Property. 15 Section 4.24 Negative Covenants. 15 Section 4.25 Swap Contracts. 15 Article 5. Negative Covenants. 15 Section 5.1 Conditional Sales. 15 Section 5.2 Changes to Plans and Specifications. 15 Section 5.3 Insurance Policies and Bonds. 16 Section 5.4 Indebtedness. 16 Section 5.5 Change in Nature of Business. 16
Affirmative Covenants and Agreements. 12 Section 4.1 Commencement and Completion of Construction. .................................................. 12 Section 4.2 Approval of Construction. ........................................................................................ 12 Section 4.3 Deposits to Balance Loan. ....................................................................................... 12 Section 4.4 Compliance with Laws; Encroachments. ................................................................. 13 DECLARATION OF MXXXXXX XXXXXXXXXX, EXHIBIT B PAGE 123 Case 2:15-cv-01350-JLR Document 357-2 Filed 06/23/16 Page 103 of 208
Affirmative Covenants and Agreements. Each Borrower covenants and agrees that for so long as any Secured Indebtedness shall remain outstanding and unpaid it will do and cause the other Borrower (where appropriate) to do, or to be done the following:
Affirmative Covenants and Agreements. 5 Section 4.1 Compliance with Laws; Use of Proceeds. 5 Section 4.2 Inspections; Cooperation. 5 Section 4.3 Payment and Performance of Contractual Obligations. 5 Section 4.4 Insurance. 5 Section 4.5 Adjustment of Condemnation and Insurance Claims. 7 Section 4.6 Utilization of Net Proceeds. 7 Section 4.7 Management. 8 Section 4.8 Books and Records; Financial Statements; Tax Returns. 8 Section 4.9 Estoppel Certificates. 9 Section 4.10 Taxes; Tax Receipts. 9 Section 4.11 Lender’s Rights to Pay and Perform. 10
Affirmative Covenants and Agreements. So long as the Commitment is available to Borrowers and until payment and performance in full of the Note and all other Indebtedness, unless Borrowers receive prior written approval of a deviation therefrom from Lender, Borrowers covenant and agree with Lender that:
Affirmative Covenants and Agreements. . . 19 Section 4.01. Compliance with Laws; Encroachments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ----------------------------------- Section 4.02. Surveys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ------- Section 4.03. Inspections; Cooperation;
