Borrowed Money Indebtedness. Create, incur, suffer or permit to exist, or assume or guarantee, directly or indirectly, or become or remain liable with respect to any Borrowed Money Indebtedness, whether direct, indirect, absolute, contingent or otherwise, except the following:
(i) Indebtedness under this Agreement and the other Loan Documents and Indebtedness secured by Liens permitted by SECTION 8.2 hereof;
(ii) the liabilities existing on the date of this Agreement and disclosed in the financial statements delivered on or prior to the Effective Date pursuant to SECTION 6.2 hereof and set forth on EXHIBIT G hereto, and all renewals, extensions and replace ments (but not increases) of any of the foregoing;
(iii) the Interest Rate Risk Indebtedness;
(iv) current liabilities incurred in the ordinary course of business;
(v) so long as no Event of Default has occurred which is continuing (or would result as a result of the applicable additional Indebtedness), (i) Subordinated Indebtedness payable to the applicable sellers in connection with an acquisition by an Obligor of a new Subsidiary (or the assets of another Person in lieu of an equity stock acquisition) providing for payment terms approved by Agent and the Majority Lenders in writing and (ii) purchase money Indebtedness, in an aggregate amount not to exceed $1,000,000 at any one time outstanding, incurred by Subsidiaries acquired after the date hereof which is assumed in connection with such acquisition; PROVIDED, HOWEVER, that the Indebtedness permitted under SECTION 8.1(V) hereof shall be on terms and conditions no more restrictive upon Borrower than the terms and conditions provided for herein.
Borrowed Money Indebtedness. 53 8.2 Liens........................................................................................53 8.3
Borrowed Money Indebtedness. Create, incur, suffer or permit to exist, or assume or guarantee, directly or indirectly, or become or remain liable with respect to any Borrowed Money Indebtedness, whether direct, indirect, absolute, contingent or otherwise, except the following: (a) Indebtedness under this Agreement and the other Loan Documents and Indebtedness secured by Liens permitted by Section 8.2 hereof; (b) the liabilities existing on the date of this Agreement and disclosed in the financial statements delivered on or prior to the Effective Date pursuant to Section 6.2 hereof, and subject to Section 8.10 hereof, all renewals, extensions and replacements (but not increases) of any of the foregoing; (c) the Interest Rate Risk Indebtedness, and (d) capitalized lease obligations to the extent allowed by the other provisions of this Agreement.
Borrowed Money Indebtedness. 43 8.2 LIENS.........................................................44 8.3
Borrowed Money Indebtedness. Create, incur, suffer or permit to exist, or assume or guarantee, or become or remain liable with respect to any Borrowed Money Indebtedness, except the following:
(a) the Bridge Note;
(b) the Borrowed Money Indebtedness existing on the date of this Agreement and disclosed in the Financial Statements, and all renewals, extensions and replacements of any of the foregoing, provided that the accrual of interest on such liabilities, so long as it is not converted to principal, shall not be deemed to increase such liabilities;
(c) the PSD Seller Note; and
(d) the Borrowed Money Indebtedness listed in Schedule 6.1 hereto.
Borrowed Money Indebtedness. Create, incur, suffer or permit to exist, or assume or guarantee, or become or remain liable with respect to any Borrowed Money Indebtedness, except the following:
6.1.1 the Convertible Debenture and any New Convertible Debenture;
6.1.2 the Borrowed Money Indebtedness existing on the date of this Agreement and disclosed in the Financial Statements, and all renewals, extensions and replacements of any of the foregoing, provided that the accrual of interest on such liabilities, so long as it is not converted to principal, shall not be deemed to increase such liabilities; and
6.1.3 reasonable bank debt or other commercial financings entered into in the ordinary course of business on market terms.
Borrowed Money Indebtedness. Create, incur, suffer or permit to exist, or assume or guarantee, directly or indirectly, or become or remain liable with respect to any Borrowed Money Indebtedness, whether direct, indirect, absolute, contingent or otherwise, except the following: (a) Borrowed Money Indebtedness under this Agreement and the other Loan Documents and Borrowed Money Indebtedness secured by Liens permitted by Section 8.2
Borrowed Money Indebtedness. 59 8.2 Liens....................................................................................... 59 8.3 Merger, Sale of Assets...................................................................... 60 8.4
Borrowed Money Indebtedness. Create, incur, suffer or permit to exist, or assume or guarantee, directly or indirectly, or become or remain liable with respect to any Borrowed Money Indebtedness, whether direct, indirect, absolute, contingent or otherwise, except the following:
(i) Indebtedness under this Agreement and the other Loan Documents and Indebtedness secured by Liens permitted by SECTION 8.2 hereof;
(ii) the liabilities existing on the date of this Agreement and disclosed in the financial statements delivered on or prior to March 1, 1999 pursuant to SECTIONS 6.2 OR 7.2 hereof and set forth on EXHIBIT G hereto, and all renewals, extensions and replacements (but not increases) of any of the foregoing;
(iii) the Interest Rate Risk Indebtedness;
(iv) current liabilities incurred in the ordinary course of business.
Borrowed Money Indebtedness. The Borrower will not, and will not suffer or permit any of its Subsidiaries to create, incur, suffer or permit to exist, or assume or guarantee, directly or indirectly, or become or remain liable with respect to any Borrowed Money Indebtedness, whether direct, indirect, absolute, contingent or otherwise, except the following: (a) Indebtedness under this Agreement and the other Loan Documents, (b) Indebtedness under the UK Loan Agreement additional Indebtedness not to exceed $75,000,000 of which up to $10,000,000 may be purchase money Indebtedness; provided, however, that the Obligations shall rank in right of payment senior to or pari passu with the Indebtedness (other than purchase money Indebtedness) allowed under Section 8.01(c).
