Certain Covenants of Borrower Clause Samples

Certain Covenants of Borrower. Borrower shall: (a) not use or permit any Collateral to be used unlawfully or in violation of any applicable statute, regulation or ordinance or any policy of insurance covering the Collateral to the extent the same could reasonably be expected to have a Material Adverse Effect; (b) at its own cost and expense, with respect to each property that it leases on which any Collateral is located, obtain, at Investor’s request, an agreement satisfactory to Investor with the landlord of such leased property, (i) subordinating such landlord’s lien in any Collateral to the security interest purported to be granted hereunder and (ii) granting access to such leased property; (c) maintain insurance as provided in Section 9.06 the Loan Agreement; (d) notify Investor of any change in its name, identity or corporate structure at least fifteen (15) days prior to such change; (e) give Investor thirty (30) days’ prior written notice of any change in its chief place of business, chief executive office or residence or the office where Borrower keeps its records regarding the Collateral or a reincorporation, reorganization or other action that results in a change of the jurisdiction of organization of Borrower; (f) pay promptly when due all taxes, assessments and governmental charges or levies imposed upon, and all claims against, the Collateral, except to the extent the validity thereof is being contested in good faith; provided, however, that Borrower shall in any event pay such taxes, assessments, charges, levies or claims not later than five (5) days prior to the date of any proposed sale under any judgment, writ or warrant of attachment entered or filed against Borrower or any of the Collateral as a result of the failure to make such payment; (g) except for licenses of LFRP Intellectual Property and In Licenses in effect on the date hereof, not suffer to exist any license, lease, contract or agreement to which it is a party forming part of or used in the LFRP that contains any provision that purports to prohibit Borrower from granting to Investor a security interest in any item of Collateral including any such license, lease, contract or agreement itself; (h) comply with all of its obligations with respect to any personal property owned or leased by it and used in the LFRP, including capital leases, operating leases and purchase money indebtedness except to the extent non-compliance could not reasonably be expected to have a Material Adverse Effect; (i) from and after the ...

Certain Covenants of Borrower. BORROWER SHALL:

Certain Covenants of Borrower. Holdings shall not, directly or indirectly, without Lender’s prior written approval (a) enter into any agreement (including any agreement for incurrence or assumption of indebtedness, any purchase, sale, lease or exchange of any property or the rendering of any service), between itself and any other Person who is not a Borrower, other than in accordance with this Agreement and the Related Documents to which it is a party, (b) hold any assets, other than all of the issued and outstanding Equity Interests of Borrower, assets in connection with the capital accounts of members or assets needed to maintain the organization and goods standing of Holdings, (c) engage in any business or conduct any activity or operations (including the making of any investment or payment) or transfer any of its assets, other than (i) the making of investments in Borrower, and (ii) the performance of its obligations under this Agreement and the Related Documents to which it is a party in accordance with the terms thereof, or (d) consolidate or merge with or into any other Person. Holdings shall preserve, renew and keep in full force and effect its existence. Holdings shall cause each other Borrower to comply with each of its covenants and agreements contained herein.

Certain Covenants of Borrower. 31 4.1 Payment and Performance of Obligations..........................31 4.2 Transfers.......................................................31 4.3 Liens...........................................................32 4.4 Indebtedness....................................................32 4.5 Compliance with Restrictive Covenants, Etc......................33 4.6 Leases..........................................................34 4.7 Delivery of Notices.............................................36 4.8 ERISA...........................................................37 4.9 Agreements with Affiliates......................................38

Certain Covenants of Borrower. 11 (a) Filings and Recordings.................................. 11 (b)

Certain Covenants of Borrower. Borrower covenants and agrees with the Company that until the Obligations are paid and performed in full: (a) Borrower shall promptly notify the Company of the occurrence or existence of any Event of Default or the occurrence or existence of any condition or event that, with the giving of notice or lapse of time or both, would be an Event of Default. (b) Borrower shall maintain the Collateral free from any Lien adverse to the Company. (c) Borrower shall keep accurate records with respect to the Collateral. If requested by the Company, Borrower shall permit the Company and its agents and representatives to examine and make copies or abstracts of such records. If requested by the Company, Borrower shall prepare and deliver to the Company a statement accurately identifying or describing any or all Collateral. (d) Borrower agrees to take any action (including the execution, delivery, recording, filing, rerecording and refiling of any financing statements, continuation statements or other documents) that the Company may reasonably request to (i) perfect, continue, maintain, preserve and protect the security interest purported to be created hereby as a first priority security interest in all the Collateral, (ii) enable the Company to exercise and enforce its rights and remedies or (iii) otherwise effect the purposes of this Agreement. If the Company believes that it needs to obtain injunctive relief in order to perfect its security interest in the Collateral, Borrower agrees to consent to such injunctive relief without delay or challenge. (e) Borrower shall not permit or suffer to exist any Lien on any Collateral, or part thereof, except for the security interest created hereby. (f) Borrower shall not transfer, pledge or otherwise assign the Pledged Shares and agrees that its right to retain possession of the collateral pursuant to Section 9 is for convenience only and Borrower shall not take any action that would restrict or nullify the Company’s rights hereunder. (g) Borrower shall not use any proceeds from the Loan to buy or carry public company stock.

Certain Covenants of Borrower. Borrower covenants and agrees with the Company that until the Obligations are paid and performed in full:

Certain Covenants of Borrower. The Borrower covenants ----------------------------- and agrees as follows:

Certain Covenants of Borrower. 42 6.1 Payment and Performance of Loan Obligations and Facility Obligations . . . . . . . . . . . . . . . . . . . . . . . . 42 6.2 Transfers . . . . . . . . . . . . . . . . . . . . . . . . . 43 6.3 Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 6.4 Indebtedness . . . . . . . . . . . . . . . . . . . . . . . . 44 6.5