Certain Indebtedness. Other than borrowings under any debt agreement which previously received the approval of the Electrum Designee, authorize or permit the Company or any of its direct or indirect subsidiaries to (i) incur (or extend, supplement or otherwise modify any of the material terms of) any indebtedness (other than intercompany indebtedness among the Company or any of its direct or indirect subsidiaries), assume, guarantee, endorse or otherwise as an accommodation become responsible for the indebtedness of any other Person (provided that the Company or any of its direct or indirect subsidiaries may provide cross-guarantees for any indebtedness that has been approved under this Section 3.02(d)), issue any debt securities, enter into any agreement under which it may incur indebtedness or issue debt securities in the future, in an aggregate amount in excess of $100,000,000 for all such matters or (ii) make any loan, advance or capital contribution to any Person (other than the Company or any of its direct or indirect subsidiaries), in each case outstanding at any time, in an aggregate amount in excess of $100,000,000 for all such matters.
Appears in 3 contracts
Samples: Shareholder Agreement (Gatos Silver, Inc.), Shareholder Agreement (Sunshine Silver Mining & Refining Corp), Shareholder Agreement (SUNSHINE SILVER MINES Corp)
Certain Indebtedness. Other than borrowings under any debt agreement which was previously received the approval of the Electrum Designeeapproved by Majority Sponsor Approval, authorize or permit the Company or any of its direct or indirect subsidiaries Subsidiaries to (i) incur (or extend, supplement or otherwise modify any of the material terms of) any indebtedness (other than intercompany indebtedness among the Company or any of its direct or indirect subsidiariesSubsidiaries), assume, guarantee, endorse or otherwise as an accommodation become responsible for the indebtedness of any other Person (provided that the Company or any of its direct or indirect subsidiaries Subsidiaries may provide cross-guarantees for any indebtedness that has been approved under this Section 3.02(d4.1(d)), issue any debt securities, enter into any agreement under which it may incur indebtedness or issue debt securities in the future, in an aggregate amount in excess of $100,000,000 250,000,000 for all such matters or (ii) make any loan, advance or capital contribution to any Person (other than the Company or any of its direct or indirect subsidiariesSubsidiaries), in each case outstanding at any time, in an aggregate amount in excess of $100,000,000 150,000,000 for all such matters.
Appears in 2 contracts
Samples: Shareholders Agreement (Freescale Semiconductor Holdings I, Ltd.), Shareholders Agreement (Freescale Semiconductor Holdings I, Ltd.)