05B              Indebtedness (Post-Covenant Change Date) Sample Clauses

05B              Indebtedness (Post-Covenant Change Date). From and after the Covenant Change Date, the Company shall not, and shall not permit any Subsidiary to, create, incur, assume, suffer to exist or otherwise become or remain directly or indirectly liable with respect to any Indebtedness, other than: (a) Permitted Securitizations; provided, that, the aggregate outstanding principal amount of all Permitted Securitizations entered into by the Company and its Subsidiaries after the Effective Date shall not exceed the greater of (i) $350,000,000 and (ii) 12.75% of the Consolidated Net Tangible Assets of the Company and its Restricted Subsidiaries (determined as of the end of the most recent fiscal quarter of the Company for which financial statements have been delivered pursuant to Section 7.01(a) or (b) or, in the case of any such determination to be made prior to the delivery of financial statements for the fiscal quarter of the Company ended March 31, 2018, determined with reference to the Interim Financial Statements); (b) obligations (contingent or otherwise) existing or arising under any Swap Contract; provided, that, such Swap Contract is incurred to hedge bona fide business risks and not for speculative purposes; (c) Indebtedness arising under the Loan Documents or any Cash Management Agreement entered into in the ordinary course of business; (d) Permitted Acquired Debt; provided, that, (i) the Acquisition pursuant to which such Indebtedness was acquired constitutes a Permitted Acquisition, and (ii) such Indebtedness does not, as of the last day of the most recently ended fiscal quarter, exceed $150,000,000; (i) Indebtedness existing on the Effective Date and listed on Schedule 8.05; (ii) unsecured Indebtedness of the Company and (iii) unsecured Contingent Obligations of any Subsidiary with respect to Indebtedness of the Company so long as such Subsidiary has provided a guaranty of the Obligations on terms and conditions reasonably satisfactory to the Agent; (f) Indebtedness incurred by a Leasing Subsidiary in a Leasing Transaction that is non-recourse to the Company or any Subsidiary of the Company (other than Leasing Subsidiaries); (g) (i) Indebtedness incurred by the Company or any Subsidiary pursuant to any Floor Plan Financing Facility that does not exceed any time outstanding $150,000,000 and (ii) Indebtedness constituting credit support for third party customer financing in the ordinary course of business; (i) unsecured Indebtedness of any Subsidiary not otherwise permitted pursuant to this Sectio...