Nautilus 2009 Annual Report Download - page 308

Section 6.16 Solvency . Borrower is Solvent.
Section 6.17 Continuing Representations and Warranties . Borrower hereby acknowledges and agrees that the representations and
warranties of Borrower in this Article VI are continuing representations and warranties and that each request for a Revolving Loan or the
issuance of a Letter of Credit for the account of Borrower under this Agreement constitutes a reaffirmation by Borrower that each such
representation and warranty are accurate as of the date of the Revolving Loan or the issuance of a Letter of Credit requested by Borrower, unless
such representation and warranty specifically relates to an earlier date, in which case it shall be accurate in all material respects as of such date.
ARTICLE VII
AFFIRMATIVE COVENANTS
Until Borrower has paid the Obligations (other than contingent indemnification obligations) in full and Lender’s lending and letter of
credit commitment with respect to the Revolving Credit Facility has terminated, Borrower agrees to do all of the following, unless Lender
otherwise shall consent in writing:
Section 7.1 Additional Acts . Upon written demand by Lender, Borrower shall promptly execute and deliver all such instruments and
perform all such other acts as Lender may reasonably request to carry out the transactions and establish or preserve the lien status and priority
contemplated by this Agreement or any other Loan Document. Borrower authorizes Lender to file all financing statements necessary to perfect
and continue its interests hereunder or under the Loan Documents.
Section 7.2 Use of Loan Proceeds . Borrower shall use funds borrowed under the Revolving Credit Facility only for purposes
permitted by Section 3.3 of this Agreement.
Section 7.3 Preservation of Existence . Except as otherwise permitted in this Agreement, Borrower shall preserve and maintain its
corporate existence, rights, franchises, and privileges in the jurisdiction of its organization and shall qualify and remain qualified as a foreign
organization in each jurisdiction where the failure to do so could be reasonably likely to result in a Material Adverse Effect.
Section 7.4 Visitation Rights . At any reasonable time during normal business hours, and from time to time at reasonable intervals at
mutually agreeable dates and times (not to exceed twice a year; provided that such limitation shall not be applicable when an Event of Default
has occurred and is continuing), on reasonable advance notice, Borrower shall permit Lender to examine and make copies of and abstracts from
Borrower’s records and books of account, to visit the properties of Borrower, and to discuss the affairs, finances, and accounts of Borrower with
any of the officers and directors of Borrower.
-
35
-