Operating Covenants. The Issuer covenants with the Indenture Trustee as follows, provided that any of the following covenants with respect to the Portfolio Railcars shall not be deemed to have been breached by virtue of any act or omission of a Lessee or sub-lessee, or of any Person which has possession of a Portfolio Railcar for the purpose of repairs, maintenance, modification or storage, or by virtue of any requisition, seizure, or confiscation of a Portfolio Railcar (other than seizure or confiscation arising from a breach by the Issuer of such covenant) (each, a “Third Party Event”), so long as (i) none of the Issuer, the Servicer or the Administrator has consented to such Third Party Event; and (ii) the Issuer (or the Servicer on its behalf) as the Lessor of such Portfolio Railcar promptly and diligently takes such commercially reasonable actions as a leading railcar operating lessor would reasonably take in respect of such Third Party Event, including, as deemed appropriate (taking into account, among other things, the laws of the jurisdiction in which such Portfolio Railcar is located or operated), seeking to compel such Lessee or other relevant Person to remedy such Third Party Event or seeking to repossess the relevant Portfolio Railcar:
Operating Covenants. Seller agrees to operate and maintain the Property prior to the Closing in a manner consistent with its current operating procedures, and shall not, without the prior written consent of Purchaser, do any of the following:
Operating Covenants. Borrower hereby certifies to the Administrative Agent and the Banks, effective as of the calendar quarter ending ____________, ___, that the amounts and calculations made hereunder pursuant to Article VII of the Agreement are true and correct.
Operating Covenants. The Merger Agreement provides that, from the date of the Merger Agreement until the earlier of the termination of the Merger Agreement or the Appointment Time, except as contemplated by the Merger Agreement, set forth in the confidential disclosure schedules provided by ArcSight, or approved in advance by HP in writing (which approval may not be unreasonably withheld, conditioned or delayed), ArcSight and each of its subsidiaries will (i) carry on its business in all material respects in the ordinary course in substantially the same manner as previously conducted and in compliance with all applicable laws and regulations, (ii) pay its debts and taxes when due, subject to good faith disputes over such debts or taxes, (iii) pay or perform all material obligations when due and (iv) use commercially reasonable efforts, consistent with past practices and policies, to (A) preserve intact its business organization, (B) keep available the services of its officers and employees, (C) preserve its relationships with customers, suppliers, distributors, licensors, licensees and others with which it has significant business dealings, and (D) preserve and maintain in full force and effect all material registered intellectual property rights of ArcSight and its subsidiaries, and timely effect certain payments and filings in connection therewith. Between the date of the Merger Agreement and continuing until the earlier of the termination of the Merger Agreement or the Appointment Time, ArcSight is subject to customary operating covenants and restrictions, except as contemplated by the Merger Agreement, set forth in the confidential disclosure schedules provided by ArcSight, or approved in advance by HP in writing (which approval may not be unreasonably withheld, conditioned or delayed), including that ArcSight will not, or permit any of its subsidiaries to: • declare, set aside or pay any dividends on, or make any other distributions (whether in cash, stock or property) in respect of, any of its capital stock or other equity interests, except for dividends by a wholly owned subsidiary of ArcSight to its parent; • purchase, redeem or otherwise acquire shares of its capital stock or other equity interests or any options, warrants, or rights to acquire any such shares or other equity interests; • split, combine, reclassify or otherwise amend the terms of any of its capital stock or other equity interests; • issue, deliver, sell, grant, pledge or otherwise encumber any shares ...
Operating Covenants. Recognizing that it is in the best interest of the District and the community for Mesa Valley Education Association, the District 51 administration and the Board of Education to achieve a more effective working relationship, we will continually strive to:
Operating Covenants. The Issuer covenants with the Trustee as follows:
Operating Covenants. From the Execution Date until the Closing or, if earlier, the termination of this Agreement as contemplated hereby, except (t) as required by this Agreement or any other Transaction Document, (u) as required by any lease, Contract, or instrument listed on any Annex, Disclosure Schedule or Schedule, as applicable, (v) as required by any Applicable Law or any Governmental Authority (including by order or directive of the Bankruptcy Court or fiduciary duty of the board of managers of any Seller or its Affiliates) or any requirements or limitations resulting from the Bankruptcy Cases, (w) to the extent related solely to Excluded Assets and/or Excluded Liabilities, (x) for renewal of expiring insurance coverage in the Ordinary Course of Business, (y) for emergency operations or (z) as otherwise consented to in writing by Buyer (which consent shall not be unreasonably withheld, conditioned or delayed):
Operating Covenants. The Borrower covenants with the Facility Agent as follows:
Operating Covenants. 48 8.1 Insurance.....................................................................................48 8.2 Operation of Property.........................................................................48
Operating Covenants. The Issuer covenants with the parties as follows:
