Additional Permitted Indebtedness Sample Clauses
Additional Permitted Indebtedness. Sub-section 1.01(91) of the Credit Agreement is hereby amended by (i) deleting the word "and" found at the end of Sub-section 1.01(91)(xiv), (ii) by deleting the period found at the end of Sub-section 1.01(91)(xv) and replacing such period with a semi-colon, and (iii) by adding the following as Sub-section 1.01(91)(xvi) immediately following Sub-section 1.01(91)(xv):
Additional Permitted Indebtedness. Section 29(t) of the Notes is hereby amended and restated as follows:
Additional Permitted Indebtedness. Notwithstanding the foregoing paragraph (a), the Borrower and the Restricted Subsidiaries, as set forth below, may Incur the following Indebtedness:
(i) (A) Indebtedness Incurred pursuant to the Debt Facilities and (B) the Incurrence by a Receivables Entity of Indebtedness in a Qualified Receivables Transaction that is nonrecourse to the Borrower or any of its Subsidiaries (except for Standard Securitization Undertakings) in an aggregate principal amount for Indebtedness Incurred under clauses (A) and (B) not to exceed the greater of (x) $2,250,000,000, less the aggregate amount of all repayments of principal actually made under the ABL Credit Facility since the Effective Date of the Existing Term Loan Agreement with Net Available Cash from Asset Dispositions pursuant to clause (a)(iii)(A) of Section 6.04 and (y) the Borrowing Base;
(ii) Indebtedness of the Borrower owing to and held by any Wholly-Owned Subsidiary or Indebtedness of a Restricted Subsidiary owing to and held by the Borrower or any Wholly-Owned Subsidiary; provided, however,
(A) if the Borrower is the obligor of such Indebtedness and a Subsidiary Guarantor is not the obligee, such Indebtedness is expressly subordinated to the prior payment in full in cash of all Obligations;
(B) if a Subsidiary Guarantor is the obligor on such Indebtedness and the Borrower or a Subsidiary Guarantor is not the obligee, such Indebtedness is subordinated in right of payment to the Subsidiary Guarantees of such Subsidiary Guarantor; and
(C) (x) any subsequent issuance or transfer of Capital Stock or any other event which results in any such Indebtedness ceasing to be held by the Borrower or a Wholly-Owned Subsidiary of the Borrower and (y) any sale or other transfer of any such Indebtedness to a Person other than the Borrower or a Wholly-Owned Subsidiary of the Borrower, shall be deemed, in each case, to constitute an Incurrence of such Indebtedness by the Borrower or such Subsidiary, as the case may be that was not permitted by this clause (ii).
(iii) any Indebtedness (other than the Indebtedness described in clauses (i), (ii), (iv), (v), (vi) or (viii) of this clause (b)) outstanding (A) on the Effective Date, including the Convertible Notes, the Senior Notes due 2013, the Senior Notes due 2017 and the Senior Notes due 2022 then in existence or (B) in the case of the Prior European Facility, on the Effective Date of the Existing Term Loan Agreement, and any Guarantees related thereto, and any Refinancing Indeb...
Additional Permitted Indebtedness. Section 1.01(91) of the Credit Agreement is hereby amended by adding the words "Kingsway Connecticut Statutory Trust I to" after the word "by" at the beginning of sub-section 1.01(91)(xvii), prior to clause (i) thereof, by deleting the period found at the end of sub-section 1.01(91)(xvii) and replacing such period with a semi-colon, by adding the word "and" immediately following the semi-colon and by adding the following as sub-section 1.01(91)(xviii):
Additional Permitted Indebtedness. (a) Pursuant to Sections 6.01(f) and 6.12 of the Loan Agreement, the Lender hereby consents to an increase in the maximum permitted principal amount of Line of Credit Obligations from $2,000,000 to $2,500,000; and accordingly, Section 6.01(f) of the Loan Agreement is hereby amended so as to increase the dollar amount stated therein to $2,500,000.
(b) The following new Section 6.01(j) is hereby added to the Loan Agreement:
Additional Permitted Indebtedness. The definition of Permitted Indebtedness set forth in Section 1.01 of the Credit Agreement is hereby amended by deleting “and” at the end of clause (n) thereof, inserting “and” immediately following clause (o) thereof, and inserting a new clause (p) therein, as follows:
Additional Permitted Indebtedness. Without Silicon's prior written consent, notwithstanding any term or provision of the Loan Agreement to the contrary, Borrower may incur additional indebtedness in the aggregate amount of $1,000,000 outstanding at any one time, provided that, after giving effect thereto, no Event of Default has occurred and no event has occurred which, with notice or passage of time or both, would constitute an Event of Default:.
Additional Permitted Indebtedness. There occurs a "Default" or "Event of Default" (or any comparable terms) under, and as defined in the documentation evidencing the Additional Permitted Indebtedness; or
