Common use of Certain Debt Prohibited Clause in Contracts

Certain Debt Prohibited. Tenant shall not incur any Indebtedness except the following: (a) Indebtedness of Tenant to Landlord under this Agreement, to Franchisor under the Franchise Agreement, or to the Manager under the Management Agreement; (b) Indebtedness of Tenant in respect of loans, the proceeds of which are used to pay amounts owed under this Agreement, the Franchise Agreement and the Management Agreement, and which are by their terms expressly subordinate to the payment and performance of Tenant's obligations under this Agreement; (c) Indebtedness of Tenant for Impositions, to the extent that payment thereof shall not at the time be required to be made in accordance with the provisions of Article 8; (d) Indebtedness of Tenant in respect of judgments or awards (i) which have been in force for less than the applicable appeal period and in respect of which execution thereof shall have been stayed pending such appeal or review, or (ii) which are fully covered by insurance payable to Tenant, or (iii) which are for an amount not in excess of $750,000 in the aggregate at any one time outstanding and (x) which have been in force for not longer than the applicable appeal period, so long as execution is not levied thereunder or (y) in respect of which an appeal or proceedings for review shall at the time be prosecuted in good faith in accordance with the provisions of Article 8, and in respect of which execution thereof shall have been stayed pending such appeal or review; (e) unsecured borrowings of Tenant from its Affiliated Persons which are by their terms expressly subordinate to the payment and performance of Tenant's obligations under this Agreement; (f) Indebtedness for purchase money financing and other indebtedness incurred in the ordinary course of Tenant's business, including the leasing of personal property; or (g) Indebtedness of Tenant to Landlord under the Other Leases and any other Indebtedness permitted under Section 21.3 of such Other Leases.

Certain Debt Prohibited. Tenant shall not incur any Indebtedness except the following: (a) Indebtedness of Tenant to Landlord under this Agreement, to Franchisor under the Franchise Agreement, or to the Manager under the Management Agreement; (b) Indebtedness of Tenant in respect of the Liquidity Facility and Indebtedness of Tenant in respect of other loans, the proceeds of which are used to pay amounts owed under this Agreement, the Franchise Agreement and the Management Agreement, and which are by their terms expressly subordinate to the payment and performance of Tenant's obligations under this Agreement; (c) Indebtedness of Tenant for Impositions, to the extent that payment thereof shall not at the time be required to be made in accordance with the provisions of Article 8; (d) Indebtedness of Tenant in respect of judgments or awards (i) which have been in force for less than the applicable appeal period and in respect of which execution thereof shall have been stayed pending such appeal or review, or (ii) which are fully covered by insurance payable to Tenant, or (iii) which are for an amount not in excess of $750,000 in the aggregate at any one time outstanding and (x) which have been in force for not longer than the applicable appeal period, so long as execution is not levied thereunder or (y) in respect of which an appeal or proceedings for review shall at the time be prosecuted in good faith in accordance with the provisions of Article 8, and in respect of which execution thereof shall have been stayed pending such appeal or review; (e) unsecured borrowings of Tenant from its Affiliated Persons which are by their terms expressly subordinate to the payment and performance of Tenant's obligations under this Agreement; (f) Indebtedness for purchase money financing and other indebtedness incurred in the ordinary course of Tenant's business, including the leasing of personal property; or (g) Indebtedness of Tenant to Landlord under the Other Leases and any other Indebtedness permitted under Section 21.3 of such Other Leases.

Certain Debt Prohibited. Tenant shall not incur any Indebtedness with respect to the Leased Property except the following: (a) Indebtedness of Tenant to Landlord under this Agreement, to Franchisor under the Franchise Agreement, or to the Manager under the Management Agreement; (b) Indebtedness of Tenant in respect of loans, the proceeds of which are used to pay amounts owed under this Agreement, the Franchise Agreement and the Management Agreement, and which are by their terms expressly subordinate to the payment and performance of Tenant's obligations under this Agreement; (c) Indebtedness of Tenant for Impositions, to the extent that payment thereof shall not at the time be required to be made in accordance with the provisions of Article 8VIII; (d) Indebtedness of Tenant in respect of judgments or awards (i) which have been in force for less than the applicable appeal period and in respect of which execution thereof shall have been stayed pending such appeal or review, or (ii) which are fully covered by insurance payable to Tenant, or (iii) which are for an amount not in excess of $750,000 in the aggregate at any one time outstanding and (x) which have been in force for not longer than the applicable appeal period, so long as execution is not levied thereunder or (y) in respect of which an appeal or proceedings for review shall at the time be prosecuted in good faith in accordance with the provisions of Article 8VIII, and in respect of which execution thereof shall have been stayed pending such appeal or review; (e) unsecured Unsecured borrowings of Tenant from its Affiliated Persons Affiliates which are by their terms expressly subordinate to the payment and performance of Tenant's obligations under this Agreement;; or (f) Indebtedness for purchase money financing and other indebtedness incurred in the ordinary course of Tenant's business, including the leasing of personal property; or (g) Indebtedness of Tenant to Landlord under the Other Leases and any other Indebtedness permitted under Section 21.3 of such Other Leases.

Certain Debt Prohibited. Tenant shall not incur any Indebtedness except the following: (a) Indebtedness of Tenant to Landlord under this Agreement, Agreement or to Franchisor Operator under the Franchise Agreement, or to the Manager under the Management Operating Agreement; (b) Indebtedness of Tenant in respect of loans, the proceeds of which are used to pay amounts owed under this Agreement, Agreement or the Franchise Agreement and the Management Operating Agreement, and which are by their terms expressly subordinate to the payment and performance of Tenant's obligations under this Agreement; (c) Indebtedness of Tenant for Impositions, to the extent that payment thereof shall not at the time be required to be made in accordance with the provisions of Article 8; (d) Indebtedness of Tenant in respect of judgments or awards (i) which have been in force for less than the applicable appeal period and in respect of which execution thereof shall have been stayed pending such appeal or review, or (ii) which are fully covered by insurance payable to Tenant, or (iii) which are for an amount not in excess of $750,000 in the aggregate at any one time outstanding and (x) which have been in force for not longer than the applicable appeal period, so long as execution is not levied thereunder or (y) in respect of which an appeal or proceedings for review shall at the time be prosecuted in good faith in accordance with the provisions of Article 8, and in respect of which execution thereof shall have been stayed pending such appeal or review; (e) unsecured borrowings of Tenant from its Affiliated Persons which are by their terms expressly subordinate to the payment and performance of Tenant's obligations under this Agreement;; or (f) Indebtedness for purchase money financing and other indebtedness incurred in the ordinary course of Tenant's business, including the leasing of personal property; or (g) Indebtedness of Tenant to Landlord under the Other Leases and any other Indebtedness permitted under Section 21.3 of such Other Leases.;

Certain Debt Prohibited. Tenant shall not incur any Indebtedness except the following: (a) Indebtedness of Tenant to Landlord under this Agreement, to Franchisor under the Franchise Agreement, or to the Manager under the Management AgreementLease; (b) Indebtedness of Tenant in respect of loans, the proceeds of which are used to pay amounts owed under this Agreement, the Franchise Agreement and the Management Agreement, Lease and which are by their terms expressly subordinate to the payment and performance of Tenant's ’s obligations under this AgreementLease; (c) Indebtedness of Tenant for Impositions, to the extent that payment thereof shall not at the time be required to be made in accordance with the provisions of Article 8; (d) Indebtedness of Tenant in respect of judgments or awards (i) which have been in force for less than the applicable appeal period and in respect of which execution thereof shall have been stayed pending such appeal or review, or (ii) which are fully covered by insurance payable to Tenant, or (iii) which are for an amount not in excess of $750,000 in the aggregate at any one time outstanding and (x) which have been in force for not longer than the applicable appeal period, so long as execution is not levied thereunder or (y) in respect of which an appeal or proceedings for review shall at the time be prosecuted in good faith in accordance with the provisions of Article 8, and in respect of which execution thereof shall have been stayed pending such appeal or review; (e) unsecured Unsecured borrowings of Tenant from its Affiliated Persons which are by their terms expressly subordinate to the payment and performance of Tenant's ’s obligations under this Agreement;Lease; and (f) Indebtedness for purchase money financing and other indebtedness incurred in the ordinary course of Tenant's ’s business, including the leasing of personal property; or (g) Indebtedness of Tenant to Landlord under the Other Leases and any other Indebtedness permitted under Section 21.3 of such Other Leases.

Certain Debt Prohibited. Tenant shall not incur any Indebtedness except the following: (a) Indebtedness of Tenant to Landlord under this Agreement, to Franchisor under the Franchise Agreement, or to the Manager under the Management Agreement; (b) Indebtedness of Tenant in respect of the Liquidity Facility and Indebtedness of Tenant in respect of other loans, the proceeds of which are used to pay amounts owed under this Agreement, the Franchise Agreement and the Management Agreement, and which are by their terms expressly subordinate to the payment and performance of Tenant's obligations under this Agreement; (c) Indebtedness of Tenant for Impositions, to the extent that payment thereof shall not at the time be required to be made in accordance with the provisions of Article 8;. (d) Indebtedness of Tenant in respect of judgments or awards (i) which have been in force for less than the applicable appeal period and in respect of which execution thereof shall have been stayed pending such appeal or review, or (ii) which are fully covered by insurance payable to Tenant, or (iii) which are for an amount not in excess of $750,000 in the aggregate at any one time outstanding and (x) which have been in force for not longer than the applicable appeal period, so long as execution is not levied thereunder or (y) in respect of which an appeal or proceedings for review shall at the time be prosecuted in good faith in accordance with the provisions of Article 8, and in respect of which execution thereof shall have been stayed pending such appeal or review; (e) unsecured borrowings of Tenant from its Affiliated Persons which are by their terms expressly subordinate to the payment and performance of Tenant's obligations under this Agreement; (f) Indebtedness for purchase money financing and other indebtedness incurred in the ordinary course of Tenant's business, including the leasing of personal property; or or (g) Indebtedness of Tenant to Landlord under the Other Leases and any other Indebtedness permitted under Section 21.3 of such Other Leases.