Contingent Obligations. The Borrower will not, nor will it permit any Subsidiary to, make or suffer to exist any Contingent Obligation (including, without limitation, any Contingent Obligation with respect to the obligations of a Subsidiary), except by endorsement of instruments for deposit or collection in the ordinary course of business.
Appears in 7 contracts
Samples: Credit Agreement (Xeta Technologies Inc), Credit Agreement (Ipc Holdings LTD), Credit Agreement (Rockshox Inc)
Contingent Obligations. The Borrower will not, nor will it permit any Subsidiary to, make or suffer to exist any Contingent Obligation in respect of Indebtedness of another Person (including, without limitation, any Contingent Obligation with respect to the obligations of a Subsidiary), except (i) by endorsement of instruments for deposit or collection in the ordinary course of business, (ii) the Reimbursement Obligations, (iii) any Contingent Obligation in respect of the Secured Obligations and (iv) any Indebtedness permitted by Section 6.14.
Appears in 4 contracts
Samples: Credit Agreement (Chemed Corp), Credit Agreement (Chemed Corp), Credit Agreement (Chemed Corp)
Contingent Obligations. The Borrower will not, nor will it permit any Subsidiary of its Subsidiaries to, make or suffer to exist any Contingent Obligation (including, without limitation, including any Contingent Obligation with respect to the obligations of a Subsidiaryany of Borrower’s Subsidiaries), except (i) by endorsement of instruments for deposit or collection in the ordinary course of business, (ii) the Reimbursement Obligations, and (iii) to the extent such Contingent Obligation(s) otherwise constitute Permitted Indebtedness hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Airnet Systems Inc), Credit Agreement (Airnet Systems Inc), Credit Agreement (Airnet Systems Inc)
Contingent Obligations. The Borrower will not, nor will it permit any Subsidiary to, make or suffer to exist any Contingent Obligation (including, without limitation, any Contingent Obligation with respect to the obligations of a Subsidiary), except (a) by endorsement of instruments for deposit or collection in the ordinary course of business, (b) the Subsidiary Guaranty and (c) the Xxxxxxx Obligations.
Appears in 2 contracts
Samples: Credit Agreement (Ralcorp Holdings Inc /Mo), Credit Agreement (Ralcorp Holdings Inc /Mo)
Contingent Obligations. The Borrower will not, nor will it permit any Subsidiary to, make or suffer to exist any Contingent Obligation (including, without limitation, any Contingent Obligation with respect to the obligations of a Subsidiary)Obligation, except (i) by endorsement of instruments for deposit or collection in the ordinary course of business, (ii) guaranties comprising Indebtedness permitted under Section 6.11 and (iii) normal product warranties and indemnities in favor of vendors and customers entered into in the ordinary course of business and relating to products or services sold or performed by the Borrower or any Subsidiary.
Appears in 2 contracts
Samples: Credit Agreement (Barry R G Corp /Oh/), Credit Agreement (Barry R G Corp /Oh/)
Contingent Obligations. The Borrower will not, nor will it permit any Subsidiary to, make or suffer to exist any Contingent Obligation (including, without limitation, any Contingent Obligation with respect to the obligations of a Subsidiary)Obligation, except (a) by endorsement of instruments for deposit or collection in the ordinary course of business., (b) Contingent Obligations in respect of
Appears in 2 contracts
Samples: Credit Agreement (Dexter Corp), Credit Agreement (Dexter Corp)
Contingent Obligations. The Borrower will not, nor will it ----------------------- permit any Subsidiary to, make or suffer to exist any Contingent Obligation (including, without limitation, any Contingent Obligation with respect to the obligations of a Subsidiary), except (a) by endorsement of instruments for deposit or collection in the ordinary course of business, (b) the Subsidiary Guaranty and (c) the Xxxxxxx Obligations.
Appears in 2 contracts
Samples: Credit Agreement (Ralcorp Holdings Inc /Mo), Credit Agreement (Ralcorp Holdings Inc /Mo)
Contingent Obligations. The Borrower will not, nor will it permit any Subsidiary to, make or suffer to exist any Contingent Obligation (including, without limitation, any Contingent Obligation with respect to the obligations of a Subsidiary)) in respect of any Indebtedness except in connection with Indebtedness which if directly incurred by the Borrower or such Subsidiary, except by endorsement as applicable, would not result in a violation of instruments for deposit Sections 6.10, 6.20 or collection in the ordinary course of business6.21.
Appears in 2 contracts
Samples: 364 Day Credit Agreement (Arvinmeritor Inc), Revolving Credit Agreement (Arvinmeritor Inc)
Contingent Obligations. The Borrower Borrowers will not, nor will it permit any Subsidiary to, make or suffer to exist any new Contingent Obligation (including, without limitation, including any Contingent Obligation with respect to the obligations of a Subsidiary), except by endorsement of instruments for deposit or collection in the ordinary course of business.
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Contingent Obligations. The Borrower will not, nor will it permit any Subsidiary to, make or suffer to exist any Contingent Obligation (including, without limitation, any Contingent Obligation with respect to the obligations of a Subsidiary), except (i) by endorsement of instruments for deposit or collection in the ordinary course of business, (ii) the Reimbursement Obligations and (iii) Contingent Obligations set forth on Schedule 6.22 hereto.
Appears in 1 contract
Samples: Credit Agreement (Franklin Covey Co)
Contingent Obligations. The Borrower will shall not, nor will it and shall not permit any Subsidiary of its Subsidiaries to, make or suffer to exist any Contingent Obligation (including, without limitation, any Contingent Obligation with respect to the obligations of a Subsidiary), except except: (i) by endorsement of instruments for deposit or collection in the ordinary course of business.;
Appears in 1 contract
Samples: Credit Agreement (Roundys Inc)
Contingent Obligations. The Borrower will not, nor will it permit ---------------------- any Subsidiary of its Subsidiaries to, make or suffer to exist any Contingent Obligation (including, without limitation, any Contingent Obligation with respect to the obligations of a Subsidiary), except by endorsement of instruments for deposit or collection in the ordinary course of business.
Appears in 1 contract
Samples: Credit Agreement (Nesco Inc/Ok)
Contingent Obligations. The Borrower will not, nor will it permit any Subsidiary to, make or suffer to exist any Contingent Obligation (including, without limitation, any Contingent Obligation with respect to the obligations of a SubsidiarySubsidiary and any Synthetic Lease Obligations), except (i) by endorsement of instruments for deposit or collection in the ordinary course of business, (ii) the Reimbursement Obligations, and (iii) Contingent Obligations and Synthetic Lease Obligations not exceeding $20,000,000.00 in the aggregate.
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Contingent Obligations. The Borrower will not, nor will it permit any Subsidiary of its Subsidiaries to, make or suffer to exist any Contingent Obligation (including, without limitation, any Contingent Obligation with respect to the obligations of a Subsidiary), except (i) by endorsement of instruments for deposit or collection in the ordinary course of business, and (ii) the Reimbursement Obligations.
Appears in 1 contract
Samples: Credit Agreement (Nesco Inc/Ok)
Contingent Obligations. The Borrower will not, nor will it permit any Subsidiary to, make or suffer to exist any Contingent Obligation (including, without limitation, any Contingent Obligation with respect to the obligations of a Subsidiary), except by endorsement for (a) Contingent Obligations in respect of instruments for deposit or collection Facility Letters of Credit, (b) Contingent Obligations of Subsidiaries in respect of the ordinary course Senior Subordinated Notes and (c) Contingent Obligations of businessSubsidiaries under Section 6.30 in respect of the Obligations.
Appears in 1 contract
Samples: Credit Agreement (Luiginos Inc)
Contingent Obligations. The Borrower will not, nor will it permit any Subsidiary to, make or suffer to exist any Contingent Obligation (including, without limitation, any Contingent Obligation with respect to the obligations of a Subsidiary), except (i) by endorsement of instruments for deposit or collection in the ordinary course of business, (ii) the Reimbursement Obligations, (iii) the Guaranty, and (iv) those described on Schedule 3.
Appears in 1 contract
Contingent Obligations. The Borrower will not, nor and will it not permit any Subsidiary to, make or suffer to exist any Contingent Obligation (including, without limitation, including any Contingent Obligation with respect to the obligations of a Subsidiary), except by endorsement of instruments for deposit or collection in the ordinary course of business.
Appears in 1 contract
Contingent Obligations. The Borrower will not, nor will it permit any Subsidiary to, make or suffer to exist any Contingent Obligation (including, without limitation, any Contingent Obligation with respect to the obligations of a SubsidiarySubsidiary who is not a Guarantor), except (i) by endorsement of instruments for deposit or collection in the ordinary course of business., (ii) the Reimbursement Obligations, (iii) the Guaranty, (iv) as permitted by
Appears in 1 contract
Samples: Credit Agreement (Centex Construction Products Inc)
Contingent Obligations. The Borrower will not, nor will it permit any Subsidiary to, make or suffer to exist any Contingent Obligation (including, without limitation, any Contingent Obligation with respect to the obligations of a Subsidiary), except (i) by endorsement of instruments for deposit or collection in the ordinary course of business, (ii) the Reimbursement Obligations, (iii) the Guaranty, and (iv) Contingent Obligations described on Schedule 2 hereto.
Appears in 1 contract
Samples: Credit Agreement (Magnetek Inc)
Contingent Obligations. The Borrower will not, nor will it permit any Subsidiary to, make or suffer to exist any Contingent Obligation (including, without limitation, any Contingent Obligation with respect to the obligations of a Subsidiary), except (i) by endorsement of instruments for deposit or collection in the ordinary course of business, (ii) the Reimbursement Obligations, (iii) each Guaranty of the Obligations, and (iv) as permitted by Section 6.26.
Appears in 1 contract
Samples: Credit Agreement (Miller Mechanical Contractors Inc)
Contingent Obligations. The Borrower will not, nor and will it not permit any Subsidiary ---------------------- of its subsidiaries to, make directly or suffer to exist any Contingent Obligation (includingindirectly, without limitation, any Contingent Obligation create or become or be liable with respect to the obligations of a Subsidiary)any Contingent Obligation, except by guaranties resulting from endorsement of negotiable instruments for deposit or collection in the ordinary course of business.
Appears in 1 contract
Contingent Obligations. The Borrower will not, nor will it permit any Subsidiary to, make or suffer to exist any Contingent Obligation (including, without limitation, any Contingent Obligation with respect to the obligations of a Subsidiary), except (a) by endorsement of instruments for deposit or collection in the ordinary course of business., (b) the Subsidiary Guaranty and (c)
Appears in 1 contract
Contingent Obligations. The Borrower will not, nor will it permit any Subsidiary to, make or suffer to exist any Contingent Obligation (including, without limitation, any Contingent Obligation with respect to the obligations of a Subsidiary)) in respect of any Indebtedness except in connection with Indebtedness which if directly incurred by the Borrower or such Subsidiary, except by endorsement as applicable, would not result in a violation of instruments for deposit Sections 6.10 or collection in the ordinary course of business6.20.
Appears in 1 contract
Contingent Obligations. The Borrower will not, nor will it permit ---------------------- any Subsidiary to, make or suffer to exist any Contingent Obligation Obligations (including, without limitation, any Contingent Obligation with respect to the obligations of a Subsidiary)) exceeding at any time $5,000,000 in the aggregate, except (i) by endorsement of instruments for deposit or collection in the ordinary course of business, (ii) the "Reimbursement Obligations" under and as defined in the Working Capital Agreement and (iii) the Guaranty.
Appears in 1 contract
Contingent Obligations. The Borrower will not, nor will it permit any Subsidiary to, make or suffer to exist any Contingent Obligation (including, without limitation, any Contingent Obligation with respect to the obligations of a Subsidiary), except (a) by endorsement of instruments for deposit or collection in the ordinary course of businessbusiness and (b) Contingent Obligations incurred in connection with the guarantee of or issuance of any comfort letters in connection with the debt of any Restricted Subsidiary by Jasox xx any other Restricted Subsidiary.
Appears in 1 contract
Samples: Credit Agreement (Jason Inc)
Contingent Obligations. The Borrower will not, nor will it permit any Subsidiary to, make or suffer to exist any Contingent Obligation (including, without limitation, any Contingent Obligation with respect to the obligations of a Subsidiary)Obligation, except (a) by endorsement of instruments for deposit or collection in the ordinary course of businessbusiness and (b) other Contingent Obligations which do not exceed 10% ofthe consolidated assets ofthe Borrower and its Subsidiaries taken as a whole.
Appears in 1 contract
Contingent Obligations. The Borrower will not, nor will it permit any Subsidiary to, make or suffer to exist any Contingent Obligation (including, without limitation, any Contingent Obligation with respect to the obligations of a Subsidiary), except (i) by endorsement of instruments for deposit or collection in the ordinary course of business, (ii) the Reimbursement Obligations, (iii) the Guaranty, without the prior written consent of Required Lenders, and (iv) the Contingent Obligations more particularly described on Schedule 2.
Appears in 1 contract
Contingent Obligations. The Borrower will not, nor will it permit any ---------------------- Subsidiary to, make or suffer to exist any Contingent Obligation (including, without limitation, any Contingent Obligation with respect to the obligations of a Subsidiary), except (a) by endorsement of instruments for deposit or collection in the ordinary course of business, (b) the Subsidiary Guaranty and (c) the Rxxxxxx Obligations.
Appears in 1 contract
Contingent Obligations. The Borrower will not, nor will it permit Parent or any Subsidiary to, make or suffer to exist any Contingent Obligation (including, without limitation, any Contingent Obligation with respect to the obligations of a Subsidiary), except (i) by endorsement of instruments for deposit or collection in the ordinary course of business, and (ii) for the Reimbursement Obligations.
Appears in 1 contract
Samples: Credit Agreement (Clark Inc)
Contingent Obligations. The Borrower will not, nor will it permit any Subsidiary to, make or suffer to exist any Contingent Obligation (including, without limitation, any Contingent Obligation with respect to the obligations of a Subsidiary), except (a) by endorsement of instruments for deposit or collection in the ordinary course of businessbusiness and (b) Contingent Obligations in respect of Facility Letters of Credit.
Appears in 1 contract
Contingent Obligations. The Borrower will not, nor will it permit any Subsidiary to, make or suffer to exist any Contingent Obligation (including, without limitation, any Contingent Obligation with respect to the obligations of a Subsidiary), except (a) Contingent Obligations in existence on the date hereof and set forth on Schedule 5.17 and (b) by endorsement of instruments for deposit or collection in the ordinary course of business.
Appears in 1 contract
Contingent Obligations. The Borrower will not, nor will it permit Parent or any Subsidiary to, make or suffer to exist any Contingent Obligation (including, without limitation, any Contingent Obligation with respect to the obligations of a Subsidiary), except (i) by endorsement of instruments for deposit or collection in the ordinary course of business, (ii) for the Reimbursement Obligations and (iii) for the Capital Securities Guaranty and the Parent Guarantee.
Appears in 1 contract
Samples: Credit Agreement (Clark Inc)
Contingent Obligations. The Borrower will not, nor will it ---------------------- permit any Subsidiary to, make or suffer to exist any Contingent Obligation (including, without limitation, any Contingent Obligation with respect to the obligations of a Subsidiary), except (i) by endorsement of instruments for deposit or collection in the ordinary course of businessbusiness and (ii) the Reimbursement Obligations.
Appears in 1 contract
Contingent Obligations. The Borrower will not, nor will it permit any Subsidiary to, make or suffer to exist any Contingent Obligation (including, without limitation, any Contingent Obligation with respect to the obligations of a Subsidiary), except by (i) endorsement of instruments for deposit or collection in the ordinary course of business, and (ii) Letter of Credit reimbursement obligations.
Appears in 1 contract
Samples: Loan Agreement (Equity Oil Co)
Contingent Obligations. The Borrower will not, nor will it permit any Subsidiary to, make or suffer to exist any Contingent Obligation (including, without limitation, any Contingent Obligation with respect to the obligations of a Subsidiary), except (i) by endorsement of instruments for deposit or collection in the ordinary course of business, (ii) the Reimbursement Obligations, (iii) each Guaranty of the Obligations, and (iv) as permitted by Section 6.25.
Appears in 1 contract
Samples: Credit Agreement (American Plumbing & Mechanical Inc)