Underlying Agreements Clause Samples

Underlying Agreements. As between Landlord and Tenant and notwithstanding any other provision in this Lease, Tenant hereby agrees to be bound by the documents and agreements of record with respect to the Premises, as listed in Exhibit B attached hereto. It is expressly agreed that Tenant shall not use or occupy the Premises in a manner contrary to or inconsistent with any of the provisions of any agreements of record.

Underlying Agreements. Owner covenants, represents and warrants, which covenants, representations and warranties shall survive termination of this Agreement, that: (a) Owner's execution and delivery of this Agreement and the instruments to be executed and delivered by Owner in accordance with the terms of this Agreement will not conflict with or result in a breach of or default under any of the terms, conditions or provisions of any of the Underlying Agreements; (b) there are no actions, claims, litigation, proceedings or suits pending or threatened against Owner or any of the Properties which could, if continued, adversely affect Owner's ability to fulfill Owner's obligations under this Agreement; (c) Owner has not previously assigned, optioned, subleased or otherwise encumbered its interest in the Underlying Agreements; (d) there has been no act or omission by Owner which could result by notice or lapse of time in the abandonment, breach, default, forfeiture, relinquishment or termination of any of the Underlying Agreements or any other agreement, contract or instrument relating to the Property to which Owner is a party or in accordance with which Owner is obligated; and (e) at Triband's request, Owner will request and obtain from each lessor, sublessor or optionor, as applicable, under the Underlying Agreements an instrument in accordance with which each such party certifies that the Underlying Agreement to which it is a party is fully effective and in good standing.

Underlying Agreements. Nothing in this Escrow Agreement, whether express or implied, shall be construed to alter any provision of the Underlying Agreement or the Parties’ rights and obligations thereunder.

Underlying Agreements. No Credit Party will amend, modify, waive, supplement or grant a forbearance with respect to any Underlying Agreement of any Eligible Asset that has the effect of (a) deferring the payment of any monetary obligation due to any Credit Party thereunder by an Obligor in excess of $100,000, (b) allowing a monetary obligation in excess of $100,000 required to be paid in cash to any Credit Party, to be paid in-kind or other non-cash consideration, (c) having or reasonably likely to result in a Material Adverse Change. For the avoidance of doubt, the dollar amounts set forth in the foregoing clauses (a) and (b) shall apply solely with respect to the Credit Parties’ pro rata share of the relevant investment (for example, in the case where a Permitted Investment constitutes a partial interest in a syndicated Loan Asset, the foregoing clauses (a) and (b) shall be measured solely as they relate to the Credit Parties’ interest in such Loan Asset and not the overall loan facility). Without the prior consent of the Lender, no Credit Party will, with respect to a Material Investment, initiate litigation or commence an insolvency proceeding under the Bankruptcy Law for an Obligor’s default or breach under any Underlying Agreement with respect to such Material Investment. For the avoidance of doubt, as it relates to any Permitted Investments not otherwise constituting an Eligible Asset, the foregoing restrictions shall not apply to such Permitted Investments; provided, that no Credit Party will amend, modify, waive, supplement, or grant a forbearance with respect to any Underlying Agreement other than in compliance with the Performance Standard.

Underlying Agreements. Valley Energy agrees that it shall not propose or agree to, and shall cause each of the Distributors to not propose or agree to, amend, modify, supplement or in any way alter, whether orally or in writing ("Modify") any of the Underlying Agreements without the prior written consent of Seller. If TVA proposes to Modify any of the Underlying Agreements or if TVA in any way attempts to change the terms of any of the Underlying Agreements, then Valley Energy shall cause each of the Distributors to provide such Modification to Valley Energy and Valley Energy shall immediately notify Seller of such Modification and shall provide all such materials related thereto to Seller. Valley Energy further agrees that it shall provide to Seller all information, whether oral or written, regarding the Underlying Agreements it or the Distributors may receive to the extent such information could impact Seller.

Underlying Agreements. The agreements pursuant to which the related Pooled Securities were issued, as in effect on the Closing Date.

Underlying Agreements. 1. The Loan Agreement in the amount of THB 260,000,000 dated 26 September 2019 entered into between KASIKORNBANK Public Company Limited as lender and the Security Provider as borrower, as amended from time to time 2. The Loan Agreement in the amount of THB 200,000,000 dated 29 April 2020 entered into between KASIKORNBANK Public Company Limited as lender and the Security Provider as borrower, as amended from time to time 3. The Combined Credit Line Facilities Agreement in the amount of THB 1,213,000,000 dated 24 May 2017 entered into between KASIKORNBANK Public Company Limited as lender and the Security Provider as borrower, as amended from time to time 4. The Facilities Agreement in the amount of THB 125,000,000 dated 22 April 2016 entered into between The Siam Commercial Bank Public Company Limited as lender and the Security Provider as borrower, as amended from time to time 5. The Loan Agreement in the amount of THB 220,000,000 dated 12 November 2021 entered into between The Siam Commercial Bank Public Company Limited as lender and the Security Provider as borrower, as amended from time to time 6. The Loan Agreement dated 23 August 2024 entered into between Kiatnakin Phatra Bank Public Company Limited as lender and the Security Provider as borrower. 7. The Loan Agreement in the amount of THB 60,000,000 dated 28 December 2022 entered into between Bangkok Bank Public Company Limited as lender and the Security Provider as borrower, as amended from time to time 8. The Application for issuance of the promissory notes in the amount of THB 200,000,000 dated 25 August 2023 entered into between Bangkok Bank Public Company Limited and the Security Provider, as amended from time to time 9. The Facilities Agreement dated 18 October 2022 between, among others, the Security Provider as borrower, the banks and financial institutions listed therein as original lenders and KASIKORNBANK Public Company Limited as facility agent and security agent, as amended from time to time 10. The terms and conditions governing rights and obligations of the Security Provider and the debentureholders for debentures under Debenture Programme of the Security Provider in the year 2025 11. The pricing supplement issue from time to time and applicable to the Debentures issuer under Debenture Programme of the Security Provider in the year 2025

Underlying Agreements. (i) The name, dates and parties with respect to each Underlying Agreement (including all amendments, modifications and supplements) are accurately described in Exhibit B. (ii) DHI US has delivered to Solitario true and complete copies of each Underlying Agreement, as amended, modified or supplemented. <PAGE> (iii) To the Knowledge of DHI US, the Underlying Agreements are valid and enforceable and in full force and effect. (iv) DHI US has not received notice of any breach or default by DHI US or any of its predecessors in title of any Underlying Agreement, and to the Knowledge of DHI US there are no acts or omissions, or conditions on the Properties, that could be considered or construed as such a breach or default. (v) DHI US has not received notice of any breach or default by any other party to any Underlying Agreement, and to the Knowledge of DHI US there are no acts or omissions, or conditions on the Properties, that could be considered or construed as such a breach or default. (vi) DHI US has the authority under the Underlying Agreements to perform fully its obligations under the Transaction Documents.

Underlying Agreements. Crosshair acknowledges and agrees to be bound by the terms of the Underlying Agreements during the Option Period and to make the cash payments under the Underlying Agreements required to keep the Underlying Agreements in good standing. Any payments in shares required to be made under the Underlying Agreements will be made by the Optionor. All monies that are held as security deposits with the Newfoundland Government as of the date of this Agreement will be refunded to Optionor upon filing of the required assessment work. For Government grants received for work on the Property, as funded by Crosshair, such reimbursement cheques shall be paid to Crosshair.