AFFIRMATIVE COVENANTS OF THE. BORROWER 20 5.1 Repayment of Indebtedness 20 5.2 Existence, Conduct of Business, Properties, Etc. 20 5.3 Performance of Covenants and Obligations 20 5.4 Use of Funds 20 5.5 Accounts 20 5.6 Compliance with Legal Requirements 21 5.7 Operating Budgets 21 5.8 Books, Records, Access 22 5.9 Financial Statements 22 5.10 Insurance 22 5.11 Reports; Cooperation 23 5.12 Taxes and Other Governmental Charges 23 5.13 Notices 24 5.14 Expropriation Event 24 5.15 Increased Costs 24 5.16 Taxes 25 5.17 Registration of the Loans; Other Foreign Exchange Matters 25 5.18 Loan Payment Reserve 25 ARTICLE 6 - NEGATIVE COVENANTS 25 6.1 Indebtedness 26 6.2 Limitations on Liens 26 6.3 Nature of Business 26 6.4 Sale or Lease of Facility Assets 26 6.5 Merger, Consolidation, Liquidation, Dissolution 26 6.7 Loans, Advances or Investments 27 6.8 Immunity 27 6.9 Distributions 27 6.10 Transactions With Affiliates 27 6.11 Partnerships; Subsidiaries 27 6.12 Assignment 27 6.13 Abandonment of Project 28 6.14 Improper Use 28 6.15 Regulation of Parties 28 6.16 Amendments 28
AFFIRMATIVE COVENANTS OF THE. Company Other Than Reporting --------------------------------------------------------- Requirements. Without limiting any other covenants and provisions hereof, ------------- the Company covenants and agrees that, so long as any of the Notes are outstanding, it will perform and observe the following covenants and provisions:
AFFIRMATIVE COVENANTS OF THE. BORROWER OTHER THAN REPORTING REQUIREMENTS. From the date hereof and thereafter for so long as there is Indebtedness of the Borrower to any Lender and/or the Agent under any of the Financing Documents or any part of the Commitment is in effect, the Borrower will, with respect to itself and, unless noted otherwise below, with respect to each of its Subsidiaries, ensure that each Subsidiary will, unless the Majority Lenders shall otherwise consent in writing:
AFFIRMATIVE COVENANTS OF THE. Borrower Other than Reporting ----------- ---------------------------------------------------------- Requirements. From the date hereof and thereafter for so long as there is ------------ Indebtedness of the Borrower to any Lender and/or the Agent under any of the Financing Documents or any part of the Commitment is in effect, the Borrower will, with respect to itself and, unless noted otherwise below, with respect to each of its Subsidiaries, ensure that each Subsidiary will, unless the Majority Lenders shall otherwise consent in writing:
AFFIRMATIVE COVENANTS OF THE. Borrower Other Than Reporting Requirements 67 Section 5.02. Negative Covenants of the Borrower 73 Section 5.03 Reporting Requirements 78 Section 5.04. Confidential Financial Information 81
AFFIRMATIVE COVENANTS OF THE. Company The Company hereby covenants and agrees as follows:
AFFIRMATIVE COVENANTS OF THE. Company Other Than Reporting --------------------------------------------------------- Requirements. Without limiting any other covenants and provisions hereof, the ------------ Company covenants and agrees that, until the repayment in full of the aggregate outstanding principal balance of the Notes, together with all interest and penalties, if any, due thereon, it will perform and observe the following covenants and provisions and will cause each Subsidiary to perform and observe such of the following covenants and provisions as are applicable to such Subsidiary.
AFFIRMATIVE COVENANTS OF THE. Partnership. ----------- The Partnership covenants and agrees that the Partnership will, so long as any Advance shall remain unpaid or any Lender shall have any Commitment hereunder, unless the Majority Lenders shall otherwise consent in writing:
AFFIRMATIVE COVENANTS OF THE. Corporation. ----------- The Corporation covenants and agrees that the Corporation will, unless and until all of the Advances shall have been indefeasibly paid in full, the Commitments of the Lenders shall have terminated and all of the Guarantied Obligations shall have been indefeasibly paid in full, unless Majority Lenders shall otherwise consent in writing:
AFFIRMATIVE COVENANTS OF THE. Company.
