Debtor Covenants. In consideration of the mutual covenants and agreements set forth in this Agreement, Debtor shall issue the Incentive Shares to Creditor promptly following the execution of this Agreement.
Debtor Covenants. From and after the date hereof and so long as any amount remains unpaid on any of the Notes, except to the extent compliance in any case or cases is waived in writing by the Holder, each Debtor hereby covenants and agrees with Servicer on behalf of each of the Holders as follows:
Debtor Covenants. In consideration of the mutual covenants and agreements set forth in this Agreement, Debtor shall pay to Creditor the Consideration upon (i) receipt by the Debtor of an executed version of this Agreement, and (ii) either the closing of the Asset Sale or NWNV agreeing to permit the issuance of the Consideration prior to the closing of the Asset Sale (see Section 3(d) below).
Debtor Covenants. Debtor covenants and agrees that:
Debtor Covenants. In consideration for the Parties’ support for the Plan, and their respective obligations under this Agreement, the Debtors agree to the following covenants, each of which shall be deemed to be incorporated by reference into the Plan, and each of which shall be deemed to supersede the provisions of the Plan to the extent of any inconsistency (the “Debtors’ Covenants”): The Debtors and/or Creditors’ Trustee will, at the request of Ford, commence and/or continue to use their best commercial efforts, including the commencement or continuation of appropriate litigation, to collect all outstanding pre and post petition accounts receivable and other amounts due from Debtor’s customers, including, but not limited to, the(i) the Pre-Petition Claims (as defined below) and (ii) all other amounts due from General Motors Corporation, General Motors of Canada Limited, Saturn Corporation and GM de Mexico (“General Motors”) and Chrysler LLC and Chrysler Canada Inc. (together, “Chrysler”) set forth on Exhibit B, including, pursuant to their respectiveits Accommodation Agreements.Agreement or otherwise. The fees associated with such collection which may be in excess of the amounts in the Debtors’ current financing budget will be paid either from the proceeds of collection or by Ford in accordance with a litigation budget acceptable to Ford and the party pursuing collection. The Cash Collateral Liens of General Motors and Chrysler may be set off against such customers, as agreed by the Debtors or Creditors’ Trustee as applicable after obtaining consent of the relevant professionals that will work on such collection. If Ford requests the Debtors or the Creditors Trustee, as the case may by, to commence litigation or otherwise pursue the claims against the Debtors’ Customers, the Debtors or the Creditors Trustee will retain counsel designated by Ford. Provided, however, that until the Effective Date the Debtors shall continue to defend the litigation commenced by General Motors (and its affiliates) with respect to the prepetition accounts receiveable claimed to be due by the Debtors, Case. No. 08-04742. On the Effective Date the defense of such action shall be assigned to counsel designated by Ford. Notwithstanding Article II.C. of the Plan, the Cash Collateral Lien of General Motors may be set off against General Motors’ prepetition receivables as part of a consensual resolution with General Motors (if such consensual resolution can be achieved) of all amounts due to the Debt...
Debtor Covenants. If for any reason Debtor fails to deliver the Series G Preferred Stock certificates within a reasonable period of time as required by this Agreement, NWNV may seek injunctive relief in any court of competent jurisdiction, and Debtor hereby waives any and all defenses to such action. Further, if NWNV is required to take such action, Debtor shall reimburse NWNV for reasonable costs and expenses associated with such action, including, but not limited to, attorney fees.
Debtor Covenants. Debtor COVENANTS AND AGREES THAT:
Debtor Covenants. Until full payment and performance of all of the Obligations and termination or expiration of any obligation or commitment, unless Secured Party otherwise consents in writing, Debtor covenants and agrees as follows:
Debtor Covenants. So long as any amount under the Loans remain outstanding or there remains outstanding any Secured Obligation (as defined in the Security Agreement), Debtor covenants and agrees that, in addition to the covenants set forth in Section 6 of the Security Agreement, it shall not without the written consent of Debtor which shall not be unreasonably withheld:
Debtor Covenants. That upon execution of this Agreement it shall deliver to Dutchess the Senior Note as full payment of the Compromise Amount.
