Common use of Consolidated Debt Clause in Contracts

Consolidated Debt. The Co-Borrowers, their Subsidiaries and Affiliates shall not directly or indirectly create, incur, assume or otherwise become or remain directly or indirectly liable with respect to, any Consolidated Debt, except for: (i) the Obligations; (ii) accounts payable (including royalties and similar payments) owing to and letters of credit in favor of trade creditors arising from current liabilities for goods and services purchased in the normal course of the Co-Borrowers', their Subsidiaries' and/or Affiliates' respective businesses; (iii) the permitted existing Consolidated Debt as described on Schedule 7.01(iii) attached hereto, and extensions, renewals, replacements and refinancing thereof, not exceeding the principal amount outstanding on the date of such extension, renewal, replacement or refinancing, provided that the terms are no less advantageous to the Co-Borrowers, their Subsidiaries and/or Affiliates than the predecessor obligation; provided, however, in any event, the Co-Borrowers shall be permitted to refinance any of the existing Consolidated Senior Debt described on Schedule 7.01(iii) with proceeds of the Revolving Credit Facility; (iv) Consolidated Debt in respect of guarantees permitted by Section 7.11 hereof; and (v) Consolidated Debt in connection with purchase money Liens permitted by Section 7.02(ii)(e) hereof; and (vi) Consolidated Funded Debt having in the aggregate an outstanding principal balance of not more than US$5,000,000.00, which Consolidated Debt was acquired by the Co-Borrowers, their Subsidiaries and/or Affiliates in connection with the acquisition (whether a stock acquisition or asset acquisition) of any Subsidiary, Affiliate or any other Person.

Consolidated Debt. The Co-Borrowers, their Subsidiaries and Affiliates shall not directly or indirectly create, incur, assume or otherwise become or remain directly or indirectly liable with respect to, any Consolidated Debt, except for: (i) the Obligations; (ii) accounts payable (including royalties and similar payments) owing to and letters of credit in favor of trade creditors arising from current liabilities for goods and services purchased in the normal course of the Co-Borrowers', their Subsidiaries' and/or Affiliates' respective businesses; (iii) the permitted existing Consolidated Debt as described on Schedule 7.01(iii) attached hereto, and extensions, renewals, replacements and refinancing thereof, not exceeding the principal amount outstanding on the date of such extension, renewal, replacement or refinancing, provided that the terms are no less advantageous to the Co-Borrowers, their Subsidiaries and/or Affiliates than the predecessor obligation; provided, however, in any event, the Co-Borrowers shall be permitted to refinance any of the existing Consolidated Senior Debt described on Schedule 7.01(iii) with proceeds of the Revolving Credit Facility; (iv) Consolidated Debt in respect of guarantees permitted by Section 7.11 hereof; and (v) Consolidated Debt in connection with purchase money Liens permitted by Section 7.02(ii)(e) hereof; and (vi) Unsecured Consolidated Funded Debt having in the aggregate an outstanding principal balance of not more than US$5,000,000.00, which Consolidated Debt was acquired by the Co-Borrowers, their Subsidiaries and/or Affiliates in connection with the acquisition (whether a stock acquisition or asset acquisition) of any Subsidiary, Affiliate or any other Person.

Consolidated Debt. The Co-BorrowersBorrower, their its Subsidiaries and its Affiliates shall not directly or indirectly create, incur, assume or otherwise become or remain directly or indirectly liable with respect to, any Consolidated Debt, except for: (i) the Obligations; (ii) accounts payable (including royalties and similar payments) owing to and letters of credit in favor of trade creditors arising from current liabilities for goods and services purchased in the normal course of the Co-Borrowers'Borrower's, their its Subsidiaries' and/or its Affiliates' respective businesses; (iii) the permitted existing Consolidated Debt as described on Schedule 7.01(iii7.01 (iii) attached hereto, and extensions, renewals, replacements and refinancing thereof, not exceeding the principal amount outstanding on the date of such extension, renewal, replacement or refinancing, provided that the terms are no less advantageous to the Co-BorrowersBorrower, their its Subsidiaries and/or its Affiliates than the predecessor obligation; provided, however, in any event, the Co-Borrowers shall be permitted to refinance any of the existing Consolidated Senior Debt described on Schedule 7.01(iii) with proceeds of the Revolving Credit Facility; (iv) Consolidated Debt in respect of loans, advances or guarantees permitted by Section 7.11 7.03 hereof; and (v) Consolidated Debt in connection with purchase money Liens permitted by Section 7.02(ii)(e7.02 (ii) (e) hereof; and (vi) Consolidated Funded Debt in the form of term loans only, having in the aggregate an outstanding principal balance of not more than US$$5,000,000.00, which Consolidated Debt was acquired by the Co-BorrowersBorrower, their its Subsidiaries and/or its Affiliates in connection with the acquisition (whether a stock acquisition or asset acquisition) of any Subsidiary, Affiliate or any other Person.

Consolidated Debt. The Co-BorrowersBorrower, their its Subsidiaries and its Affiliates shall not directly or indirectly create, incur, assume or otherwise become or remain directly or indirectly liable with respect to, any Consolidated Debt, except for: (i) the Obligations; (ii) accounts payable (including royalties and similar payments) owing to and letters of credit in favor of trade creditors arising from current liabilities for goods and services purchased in the normal course of the Co-Borrowers'Borrower's, their its Subsidiaries' and/or its Affiliates' respective businesses; (iii) the permitted existing Consolidated Debt as described on Schedule 7.01(iii7.01 (iii) attached hereto, and extensions, renewals, replacements and refinancing thereof, not exceeding the principal amount outstanding on the date of such extension, renewal, replacement or refinancing, provided that the terms are no less advantageous to the Co-BorrowersBorrower, their its Subsidiaries and/or its Affiliates than the predecessor obligation; provided, however, in any event, the Co-Borrowers shall be permitted to refinance any of the existing Consolidated Senior Debt described on Schedule 7.01(iii) with proceeds of the Revolving Credit Facility; (iv) Consolidated Debt in respect of loans, advances or guarantees permitted by Section 7.11 7.03 hereof; and (v) Consolidated Debt in connection with purchase money Liens permitted by Section 7.02(ii)(e7.02 (ii) (e) hereof; and (vi) Consolidated Funded Debt in the form of term loans only, having in the aggregate an outstanding principal balance of not more than US$$5,000,000.00, which Consolidated Debt was created or acquired by the Co-BorrowersBorrower, their its Subsidiaries and/or its Affiliates in connection with the acquisition (whether a stock acquisition or asset acquisition) of any Subsidiary, Affiliate or any other Person.