Additional Covenants of the Company and the Guarantor Sample Clauses
Additional Covenants of the Company and the Guarantor. The Company and the Guarantor covenant and agree with the Selling Agents that:
Additional Covenants of the Company and the Guarantor. The Company and the Guarantor jointly and severally covenant with the Agents as follows:
Additional Covenants of the Company and the Guarantor. Each of the Company and the Guarantor agrees that:
(a) Each acceptance by the Company of an offer to purchase Program Securities shall be deemed to be an affirmation that the representations and warranties of the Company and the Guarantor contained in this Agreement are true and correct in all material respects at the time of such acceptance and a covenant and an affirmation that such representations and warranties will be true and correct at the time of delivery to the purchaser of the Program Securities relating to such acceptance as though made at and as of such time, it being understood that such representations and warranties shall relate to the Registration Statement, the Time of Sale Information and the Prospectus as amended or supplemented at such time. For purposes of this paragraph, the term “Registration Statement” shall be deemed to mean the registration statement under which such Program Securities are being offered, which may be the Registration Statement referred to in Section 2(a) or any additional or replacement registration statement relating to the Program Securities and the Guarantees referred to in Section 5(b).
(b) Promptly after the filing with the Commission of each amendment of or supplement to the Registration Statement or the Prospectus under the Act (other than (i) information filed or furnished to the Commission in a Current Report on Form 8-K (or any successor form thereto); (ii) an exhibit to the Registration Statement or Prospectus that does not relate to the Program Securities; (iii) any pre-effective amendment or (iv) any amendment or supplement which relates only to the offering and sale of securities other than the Program Securities or which serves only to set forth, or reflect a change in, the terms of any Program Securities or the principal amount of Program Securities remaining to be sold or any similar information), the Company and the Guarantor, as applicable, shall, at the request of an Agent, furnish such Agent with a certificate of (i) with respect to the Company, the President, any Executive Vice President, any Managing Director or any Senior Vice President and (ii) with respect to the Guarantor, the Chief Executive Officer, any Vice-Chairman, any Executive Vice President, the Chief Financial Officer, the Chief Operating Officer, the Corporate Treasurer, any Managing Director, any Senior Vice President or any officer of the Guarantor performing similar functions, dated the date of such amendment, supplement o...
Additional Covenants of the Company and the Guarantor. Each of the Guarantor and the Company, jointly and severally, covenant and agree with the Agents that:
Additional Covenants of the Company and the Guarantor