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. 20 8.2. Liens.............................................................20 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, 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 set forth in Schedule 8.1 hereto and all renewals, extensions and replacements (but not increases) of any of the foregoing; (c) the Interest Rate Risk Indebtedness and Currency Exchange Risk Indebtedness; (d) purchase money indebtedness (or financing under leases which, in accordance with GAAP have been recorded or should be recorded as capital leases) and other secured Borrowed Money Indebtedness not exceeding $50,000,000 at any one time outstanding; (f) Permitted Subordinated Indebtedness; (g) Permitted Senior Indebtedness; (h) subject to the terms of Section 7.3 hereof, pre-existing Borrowed Money Indebtedness of any Person that becomes a Subsidiary after the Effective Date in compliance with Section 8.9 (provided, however, that no such Borrowed Money Indebtedness was incurred at the instigation of U.S. Borrower or any of its Subsidiaries in contemplation of such acquisition); (i) Borrowed Money Indebtedness constituting contingent liabilities permitted by Section 8.3; and (j) other Borrowed Money Indebtedness not to exceed $10,000,000 at any one time outstanding.
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 Note.
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. 36 8.02 Liens................................................................................................37 8.03 Mergers, Consolidations and Dispositions of Assets...................................................37 8.04 Redemption, Dividends and Distributions..............................................................37 8.05
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.