(c) Brand new Asset Selling Arrangement produces a legitimate import and you will task so you can Providers of all the best, label and reference you can appeal away from Intermediate Provider within the and all Bound Renting and all Associated Coverage expressed so you’re able to Providers thereunder and Organization enjoys an initial Consideration learned cover appeal thereinpany gave reasonably similar really worth to help you Advanced Vendor for the planning to the transfer to Business because of the Intermediate Supplier of your own Bound Apartments and you can Relevant Shelter pursuant to the Investment Product sales Agreement.
4.twenty four Disclosure. Zero data, certificates, written comments and other composed advice supplied to Lenders because of the or for Provider otherwise Business to be used to the new deals considered hereby, as a whole, consists of any not true statement of a material truth, or as a whole, omits to say a material facts (recognized to Merchant otherwise Organization, when it comes to any document not given by either out-of them) expected which will make the new statements contained therein perhaps not mistaken during the light of your own facts where the exact same were made.
Into the the amount applicable, Team and you can Vendor come into conformity, in every situation respects, on (a) Exchange for the Adversary Act, as amended, and every of your own overseas property control statutes of one’s Joined Says Treasury Agencies (31 C
cuatro.twenty-five Patriot Work. F.Roentgen., Subtitle B, Part V, because the amended) and every other permitting legislation or executive order associated thereto, and you will (b) Uniting and Building The united states by providing Compatible Equipment Required to Intercept and you can Impede Terrorism (U . s . Patriot Operate out-of 2001) (the “Act”). No the main continues of your Finance could well be utilized, physically otherwise ultimately, for your costs to virtually any governmental authoritative otherwise staff, governmental cluster, authoritative out-of a political team, candidate to possess governmental office, or anybody else acting when you look at the a formal capability, to receive, retain otherwise direct providers or obtain any poor virtue, during the violation of your own All of us Overseas Corrupt Techniques Act away from 1977, once the revised on date hereof and you can periodically hereafter, and you may one successor statute.
cuatro.twenty six Remittance out of Collectionspany stands for and is deserving of that each and every remittance from Collections from it hereunder to your Financial hereunder get already been (a) inside the commission of a financial obligation incurred from the Organization in the typical course of company otherwise economic activities out-of Company and you will (b) manufactured in the standard course of organization otherwise financial points.
Point 5
Team covenants and you can believes you to before the Termination Big date, Business will would (or reason to be did, because the appropriate) all covenants contained in this .
(a) Monthly Records. As soon as available, and in any event within thirty (30) days after the end of each month (including any month in which the Closing Date occurred), the consolidated balance sheet of Parent and its subsidiaries as at the end of such month and the related consolidated statements of income, consolidated statements of stockholders’ equity and consolidated statements of cash flows of Parent and its subsidiaries, in each case for such month and for the period from the beginning of the then current Fiscal Year to the end of such month, setting forth in each case in comparative form the corresponding figures for the corresponding periods of the previous Fiscal Year, all in reasonable detail, together with a schedule of reconciliations for any reclassifications with respect to prior months or periods (and, in connection therewith, copies of any restated financial statements for any impacted month or period) a Financial Officer Certification with respect thereto and any other operating reports prepared by the management of Parent for such period as may be requested by the Administrative Agent or any Lender;