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Affirmative Covenant

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Affirmative covenant
A bond covenant that specifies certain actions the firm must take.

Positive Covenant
A bond covenant that requires the issuer to take certain actions. For example, a positive covenant may require an issuer to maintain enough liquid assets to cover the principal of the bond. More commonly, a positive covenant requires the issuer to have a certain amount of insurance or submit to periodic audits. It contrasts with a negative covenant, which prevents the issuer from taking the enumerated actions. It is also called an affirmative covenant.


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50) By 1908, when the Company drafted its first restrictive covenants, American courts had in some cases enforced affirmative covenants running with the land, (51) and in subsequent decades prominent commentators would grumble about the irrationality of most courts' residual reluctance to do so.
Most bond agreements include an affirmative covenant of the tribe to maintain operation of the casino, which would provide some level of legal recourse for bondholders should a tribe attempt to close the gaming operation.
The Credit Agreement contains a number of customary restrictive covenants, affirmative covenants and events of default, and financial covenants that require the Company to maintain a maximum leverage ratio, a minimum interest coverage ratio, and a minimum fixed charge coverage ratio.
 
 
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