Certain Other Indebtedness. The Borrower will not, nor will it permit any of its Subsidiaries to, purchase, redeem, retire or otherwise acquire for value, or set apart any money for a sinking, defeasance or other analogous fund for, the purchase, redemption, retirement or other acquisition of, or make any voluntary payment or prepayment of the principal of or interest on, or any other amount owing in respect of, any Other Debt (or make any offer in respect of any of the foregoing), except: (a) for regularly scheduled payments of principal and interest in respect thereof required pursuant to the instruments evidencing such Other Debt, subject to, in the case of any Subordinated Debt, the subordination provisions applicable thereto; and (b) to the extent permitted under any of Sections 7.07(k), (l), (m), (n) and (o); provided that no Default shall have occurred and be continuing at the time of such purchase, redemption, retirement or other acquisition or defeasance or would result therefrom.
Certain Other Indebtedness. (a) Permit any waiver, supplement, modification, amendment, termination or release of any indenture, instrument or agreement pursuant to which any Senior Notes, any other Permitted Senior Indebtedness or any Permitted Subordinated Indebtedness is outstanding if the effect of such waiver, supplement, modification, amendment, termination or release would materially impair the value of the interest or rights of any Loan Party thereunder or would materially impair the rights or interests of the Agent or any Lender, other than any termination thereof in connection with the payment in full of all obligations thereunder in accordance with the terms of this Agreement (including, without limitation, Section 6.09(b) hereof).
Certain Other Indebtedness. Not less than two business days prior to the Closing Date, Holdings shall deliver to Buyer payoff letters from third-party lenders or trustees, as applicable, in form and substance reasonably satisfactory to Buyer, with respect to all Indebtedness of the Company required to be identified on Schedule 3.10(c) or entered into after the date hereof. Such payoff letters shall correctly specify the amount, including any applicable premiums or fees and expenses, necessary to repay such Indebtedness and completely discharge the obligations of the Group with respect thereto. At Closing, Buyer shall provide to the Company or cause the Company to obtain (whether through the Financing or use of cash on hand) the aggregate amount necessary to make such repayment and discharge, and shall cause the Company or another Group Member to discharge such Indebtedness in accordance with the delivery instructions provided in such payoff letters. The amount of such Indebtedness to be repaid at Closing is referred to as the “Closing Debt Amount” and, together with the Tender Amount, the “Debt Payment Amount”.
Certain Other Indebtedness. The Borrower will not (i) enter into any new Bank Loan Facility with an aggregate principal amount in excess of $100,000,000 having a maturity date prior to the Maturity Date or (ii) modify, amend or refinance any Bank Loan Facility with an aggregate principal amount in excess of $100,000,000 existing on the Closing Date, the effect of which is to shorten the maturity date of such Debt to a date prior to the Maturity Date.
Certain Other Indebtedness. The Borrowers will not, and will not permit any of their respective Subsidiaries to, purchase, redeem, retire or otherwise acquire for value, or set apart any money for a sinking, defeasance or other analogous fund for the purchase, redemption, retirement or other acquisition of, or make any voluntary payment or prepayment of the principal of or interest on, or any other amount owing in respect of, (a) any Junior Indebtedness and (b) any Intercompany Indebtedness, except:
Certain Other Indebtedness. Section 7.12(c) of the Existing Credit Agreement shall be amended in its entirety to read as follows:
Certain Other Indebtedness. The Borrower will not, nor will it permit any of its Subsidiaries to, purchase, redeem, retire or otherwise acquire for value, or set apart any money for a sinking, defeasance or other analogous fund for, the purchase, redemption, retirement or other acquisition of, or make any voluntary payment or prepayment of the principal of or interest on, or any other amount owing in respect of, any Subordinated Indebtedness or any Senior Notes, except for: (a) regularly scheduled payments of principal and interest in respect thereof required pursuant to the instruments evidencing such Indebtedness; (b) the purchase, redemption, retirement or other acquisition or defeasance of any Subordinated Indebtedness or Senior Notes, as the case may be (together with any premium and accrued interest payable therein) solely with the proceeds of other Subordinated Indebtedness or Senior Notes, as the case may be, permitted under Section 7.01(c) or 7.01(l), respectively, provided that no Default shall have occurred and be continuing at the time of such redemption; and (c) the purchase, redemption, retirement or other acquisition or defeasance of Subordinated Indebtedness or Senior Notes after the Effective Date, provided that (i) no Default shall have occurred and be continuing at the time of such purchase, redemption, retirement or other acquisition or defeasance or would result therefrom and (ii) the aggregate principal amount of all such Indebtedness so purchased, redeemed, retired, acquired or defeased under this clause (c), together with the aggregate amount of Investments made as permitted under Section 7.07(l), does not exceed the sum of $300,000,000 plus the Net Available Proceeds of any Equity Issuance.
Certain Other Indebtedness. (a) Permit any waiver, supplement, modification, amendment, termination or release of any indenture, instrument or agreement pursuant to which any Permitted Subordinated Indebtedness is outstanding if the effect of such waiver, supplement, modification, amendment, termination or release would materially impair the value of the interest or rights of any Loan Party thereunder or would materially impair the rights or interests of the Agent or any Lender, other than any termination thereof in connection with the payment in full of all obligations thereunder in accordance with the terms of this Agreement (including, without limitation, Section 6.09(b) hereof) (it being understood and agreed, that if such Permitted Subordinated Indebtedness, when originally incurred or at the time of such waiver, supplement, modification, amendment, termination or release, would be permitted to be incurred having terms and conditions that give effect to such waiver, supplement, modification, amendment, termination or release, then such waiver, supplement, modification, amendment, termination or release shall not be deemed to materially impair the value of the interest or rights of any Loan Party thereunder or to materially impair the rights or interests of the Agent or any Lender).
Certain Other Indebtedness. The Borrower has revised its estimate of the aggregate amount of payments required to be made by Coram and its Subsidiaries on a consolidated basis in respect of Earn-out Obligations and notes representing the deferred purchase price of prior acquisitions (collectively, the "SPECIFIED OTHER INDEBTEDNESS") from the estimate included in the Fourth Amendment Projections (as defined in the Amended Agreement) such that the amount the Borrower now estimates to be paid in connection with such Specified Other Indebtedness, measured on a cumulative basis from the Fourth Amendment Effective Date to the Revolving Maturity Date, is $3,700,000 and hereby covenants and agrees that the aggregate amount of cash payments (whether for principal, interest or otherwise) in respect of all such Specified
Certain Other Indebtedness. Not less than two business days prior to the Closing Date, Holdings shall deliver to Buyer payoff letters from third-party lenders or trustees, as applicable, in form and substance reasonably satisfactory to Buyer, with respect to all Indebtedness of the Company required to be identified on Schedule 3.10(c) or entered into after the date hereof. Such payoff letters shall correctly specify the amount, including any applicable premiums or fees and expenses, necessary to repay such Indebtedness and completely discharge the obligations of the Group with respect thereto. At Closing, Buyer shall provide to the 35 Company or cause the Company to obtain (whether through the Financing or use of cash on hand) the aggregate amount necessary to make such repayment and discharge, and shall cause the Company or another Group Member to discharge such Indebtedness in accordance with the delivery instructions provided in such payoff letters. The amount of such Indebtedness to be repaid at Closing is referred to as the “Closing Debt Amount” and, together with the Tender Amount, the “Debt Payment Amount”. (d) On the Closing Date, Holdings shall cause each Group Member to permanently terminate the unsecured credit facilities identified on Schedule 3.10(d), and all related agreements, to which such Group Member is a party, it being understood and agreed that the Interim Credit Agreement will be terminated by the applicable Group Member prior to the repayment of the Affiliate Indebtedness. 3.11
