Common use of Operations Matters Clause in Contracts

Operations Matters. Will conduct its business and operations in accordance with the following provisions: (i) maintain books and records, separate from those of any other Person; (iii) except as may be expressly contemplated or required by the Deposit Account Agreement, maintain its bank accounts and all its other assets separate from those of any other Person; (v) hold regular partnership meetings, as appropriate, to conduct the business of the Borrower, and observe all other partnership formalities in respect of each of the Borrower; (vi) hold itself out to creditors and the public as a legal entity separate and distinct from any other Person; (vii) prepare separate tax returns and financial statements, or if part of a consolidated group, then it will be shown as a separate member of such group; (viii) allocate and charge fairly and reasonably any common employee or overhead shared with affiliates; (ix) transact all business with affiliates on an arm's length basis and to enter into transactions with affiliates on an arm's length basis; (x) conduct business in its own name; (xi) to correct any misunderstanding regarding its separate identity of which the Pledgor has actual knowledge; (xii) not to identify itself in writing as a division of any other Person; and (xiii) to maintain adequate capital in light of its contemplated business operations.

Appears in 1 contract

Sources: Credit Agreement (Orion Power Holdings Inc)

Operations Matters. Will conduct its business and operations operations, in accordance with the following provisions: (i) maintain books and records, separate from those of any other Person; (iiiii) except as may be expressly contemplated or required by the Deposit Account Agreement, maintain its bank accounts and all its other assets separate from those of any other Person; (viii) hold regular partnership meetings, as appropriate, to conduct the business of the Borrowereach Operating Company, and observe all other partnership formalities in respect of each of the BorrowerOperating Companies; (viiv) hold itself out to creditors and the public as a legal entity separate and distinct from any other Person; (viiv) prepare separate tax returns and financial statements, or if part of a consolidated group, then it will be shown as a separate member of such group; (viiivi) allocate and charge fairly and reasonably any common employee or overhead shared with affiliates; (ixvii) transact all business with affiliates on an arm's arm's-length basis and to enter into transactions with affiliates on an arm's arm's-length basis; (xviii) conduct business in its own name; (xiix) to correct any misunderstanding regarding its separate identity of which the Pledgor has actual knowledge; (xiix) not to identify itself in writing as a division of any other Person; and (xiiixi) to maintain adequate capital in light of its contemplated business operations.

Appears in 1 contract

Sources: Credit Agreement (Orion Power Holdings Inc)