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:
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 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; (d) purchase money indebtedness to acquire Equipment obtained by U.S. Borrower or any of its Subsidiaries in the ordinary course of business not exceeding $3,000,000 at any one time outstanding, in the aggregate for all such indebtedness; (e) Borrowed Money Indebtedness of National Tank Company and its Subsidiaries under the EXIM Facility; (f) Borrowed Money Indebtedness created under leases which, in accordance with GAAP have been recorded or should be recorded as capital leases, in an aggregate amount not to exceed $2,000,000 at any one time outstanding; (g) pre-existing Borrowed Money Indebtedness, not to exceed $2,000,000 in the aggregate at any one time outstanding, secured by Liens upon assets which are acquired after the date hereof or owing by Persons which become Subsidiaries of U.S. Borrower by acquisition after the date hereof (provided, however, that no such Borrowed Money Indebtedness was incurred at the instigation of U.S. Borrower in contemplation of such acquisition), (h) Borrowed Money Indebtedness in an aggregate amount not to exceed $7,500,000 at any one time outstanding on terms acceptable to the Majority Lenders which is subordinated to the Obligations in a manner and pursuant to documentation acceptable to the Majority Lenders, and (i) without limitation of any other part of this Section, (1) contingent Borrowed Money Indebtedness of U.S. Borrower or any of its Subsidiaries in respect of surety bonds created, incurred or assumed after the Effective Date, in an aggregate amount not to exceed $12,500,000 at any one time outstanding and (2) other Borrowed Money Indebtedness of U.S. Borrower or any of its Subsidiaries created, incurred or assumed after the Effective Date, in an aggregate amount not ...
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:
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. 70 Section 8.2 Liens.................................................................................... 71 Section 8.3
Borrowed Money Indebtedness. Such Obligor will not permit any of its Subsidiaries that is not a Consolidated Subsidiary to create, incur, assume or suffer to exist at any time any Borrowed Money Indebtedness that would cause a Default or Event of Default if such Subsidiary were a Consolidated Subsidiary.
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) Interest Rate Risk Indebtedness approved in writing by the Super Majority Lenders; (d) purchase money Indebtedness to acquire Equipment obtained by Borrower or any of its Subsidiaries in the ordinary course of business not exceeding $600,000 at any one time outstanding, in the aggregate for all such Indebtedness; (e) pre- existing Borrowed Money Indebtedness, not to exceed $5,000,000 in the aggregate at any one time outstanding, of Subsidiaries of Borrower which are acquired after the date hereof (provided, however, that no such Borrowed Money Indebtedness was incurred in contemplation of the acquisition of such Subsidiary), and (f) Subordinated Indebtedness.
Borrowed Money Indebtedness. 56 8.2 Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 8.3
