Agreements of Borrower Sample Clauses
Agreements of Borrower. Borrower hereby unconditionally covenants and agrees as follows:
(a) to observe, perform and discharge, diligently and punctually, in all material respects, all the obligations imposed upon the Borrower under the Leases and MH Contracts and not to do or knowingly permit to be done anything to impair the Leases and MH Contracts or the liens and security interests in the Homes securing same; and Borrower shall give prompt notice to Lender of any known failure on the part of the Borrower to observe, perform and discharge in all material respects any of Borrower’s obligations under this paragraph or under any other portion of this Agreement;
(b) except in accordance with prudent business judgment exercised by Borrower in good faith, not to request, encourage or demand early payment from any Homeowner or Tenant for any amount due under the Leases and MH Contracts;
(c) except in accordance with prudent business judgment exercised by Borrower in good faith, not grant any period of reduced or abated payments under any of the Leases and MH Contracts;
(d) not to execute any assignment of the rights or interests of Borrower in the Leases and MH Contracts, or the liens and security interests in the Homes securing same without Lender’s prior written consent;
(e) to execute and deliver at the request of Lender all such further reasonable assurances and written instruments and take all such other action with respect to the Leases and MH Contracts and the liens and security interests in the Homes securing same as Lender shall from time to time may reasonably request in writing in order to carry out the purpose and intent of this Agreement, provided that no such assurance, instruments or actions shall increase Borrower’s obligations or reduce any of Borrower’s rights under this Agreement;
(f) to enforce, in the name of Borrower, and at the cost, expense and risk of Borrower, the payment of the Leases and MH Contracts and the performance of each and every material obligation, term, covenant, condition and agreement in the Leases and MH Contracts to be performed by any other party thereto, except as otherwise waived by Borrower in accordance with prudent business judgment exercised by Borrower; and if determined appropriate by Borrower in the exercise of its prudent business judgment, Borrower shall appear in and defend any action or proceeding arising under, occurring out of or in any manner connected with the Leases and MH Contracts or the Homes securing same, and upon req...
Agreements of Borrower. The Borrower agrees that, unless otherwise agreed in writing by the Bank, it will:
Agreements of Borrower. Borrower agrees that:
a) Lender shall have the right to hold the original copy of the Letter of Credit; and
b) Lender shall have the right to draw upon the Letter of Credit pursuant to the terms and provisions of Section 4.07 of the Lease.
c) The foregoing notwithstanding, as between Lender and Borrower, the provisions of the Loan Documents shall govern and control the rights and priorities of Borrower and Lender in, to and under the Letter of Credit and which of Borrower or Lender shall have the right to make drawings on the Letter of Credit, whether the proceeds of any drawing under the Letter of Credit shall be paid to Borrower or retained by Lender, the order of application of the proceeds of any drawing under the Letter of Credit against the obligations of Borrower under the Loan Documents and any similar or related matters.
d) Borrower may not assign or otherwise transfer Borrower’s rights as a co-beneficiary under the Letter of Credit to any other party without the prior written consent of Lender, except in connection with any assignment or transfer of the Premises or Lease permitted without Lender’s consent pursuant to the terms of the Loan Documents.
Agreements of Borrower. Borrower and any other party now or hereafter liable for the payment of this Note, in whole or in part, hereby severally: (i) waive demand, presentment for payment, notice of nonpayment, protest, notice of protest, notice of intent to accelerate, notice of acceleration and all other notice, filing of suit and diligence in collecting this Note, (ii) agree to the release of any party primarily or secondarily liable hereon, (iii) agree that Lender shall not be required to first institute suit or exhaust its remedies hereon against Borrower or others liable or to become liable hereon or to enforce its rights against them, and (iv) consent to any extension or postponement of time of payment of this Note and to any other indulgence with respect hereto without notice thereof to any of them.
Agreements of Borrower. ▇▇▇▇▇▇▇▇ agrees that:
a) ▇▇▇▇▇▇▇▇ will immediately notify ▇▇▇▇▇▇ in writing of any change in Borrower's name or corporate structure, and of any change in the location of Borrower's place of business and of the location of each additional place of business established by ▇▇▇▇▇▇▇▇.
b) B01rnwer will indemnify Lender with respect to all losses, damages, liabilities, and expenses (including attorney fees) incurred by Lender by reason of any failure of Borrower to comply with any of Borrower's obligations under this agreement or by reason of any warranty or representation made by Borrower to Lender in this Note being false in any material respect.
Agreements of Borrower. Borrower agrees that it will not pay any or the Subordinated Indebtedness except as this Agreement provides, and will be bound by all of the provisions of this Agreement, including, without limitation, the subrogation provisions of Section 12 hereof. In the event of a breach by Borrower of any of the provisions herein, all of the Senior Debt shall, without presentment, demand, protest or notice of any kind except as otherwise required by the Loan Agreement, become immediately due and payable unless Bank shall otherwise elect in writing.
Agreements of Borrower. The Borrower hereby agrees that the Additional Initial Term Lender shall be a Lender under the Credit Agreement having the Loans as set forth herein. The Borrower agrees that the Additional Initial Term Lender shall have all of the rights and remedies of a Lender under the Credit Agreement and the other Loan Documents as if the Additional Initial Term Lender were an original Lender under and signatory to the Credit Agreement. Further, the Additional Initial Term Lender shall be entitled to the indemnification provisions from the Borrower in favor of the Lenders as provided in the Credit Agreement and the other Loan Documents.
Agreements of Borrower. Borrower hereby, warrants, represents, covenants and agrees as follows:
Agreements of Borrower. (a) Borrower hereby (i) expressly acknowledges the terms of this Amendment, (ii) ratifies and affirms after giving effect to this Amendment its obligations under the Loan Documents executed by Borrower and (iii) after giving effect to this Amendment, acknowledges, renews and extends its continued liability under all such Loan Documents and agrees such Loan Documents remain in full force and effect.
(b) Borrower hereby reaffirms, as of the Amendment No. 1 Effective Date, and after giving effect to this Amendment, the covenants and agreements contained in each Loan Document to which it is a party.
(c) Borrower hereby acknowledges and agrees that the acceptance by the Administrative Agent, each Lender and each other Agent of this Amendment shall not be construed in any manner to establish any course of dealing on any Agent’s or Lender’s part, including the providing of any notice or the requesting of any acknowledgment not otherwise expressly provided for in any Loan Document with respect to any future amendment, waiver, supplement or other modification to any Loan Document or any arrangement contemplated by any Loan Document.
Agreements of Borrower. A. Borrower will take adequate care of the Collateral; insure the Collateral for such hazards and in such amounts as Secured Parties direct, policies to be satisfactory to Secured Parties; pay all costs necessary to obtain, preserve, and enforce this security interest, collect the Obligation, and preserve the Collateral, including, but not limited to, taxes, assessments, insurance premiums, repairs, reasonable attorneys' fees and legal expenses, rent, storage costs, and expenses of sale; furnish Secured Parties with any information on the Collateral requested by Secured Parties; allow Secured Parties to inspect the Collateral and inspect and copy all records relating to the Collateral and the Obligation; sign any papers furnished by Secured Parties which are necessary to obtain and maintain this security interest; assist Secured Parties in complying with the Federal Assignment of Claims Act, where necessary to enable Secured Parties to become an assignee under that Act; take necessary steps to preserve the liability of account borrowers, obligators, and secondary parties whose obligations are part of the Collateral; notify Secured Parties of any material change occurring in or to the Collateral, or in material fact or circumstance warranted or represented by Borrower in this Agreement or furnished to Secured Parties, or if any event of default occurs.
B. Outside of the ordinary course of business, Borrower will not, without Secured Parties' consent, remove the Collateral from the locations specified herein; allow the Collateral to become an accession to other goods; sell, lease, otherwise transfer the Collateral.