Debt; Contingent Obligations. No Borrower will, or will permit any Subsidiary to, directly or indirectly, create, incur, assume, guarantee or otherwise become or remain directly or indirectly liable with respect to, any Debt, except for Permitted Debt. No Borrower will, or will permit any Subsidiary to, directly or indirectly, create, assume, incur or suffer to exist any Contingent Obligations, except for Permitted Contingent Obligations.
Debt; Contingent Obligations. No Credit Party will, or will permit any Subsidiary to, directly or indirectly, create, incur, assume, guarantee or otherwise become or remain directly or indirectly liable with respect to, any Debt, except for Permitted Debt. No Credit Party will, or will permit any Subsidiary to, directly or indirectly, create, assume, incur or suffer to exist any Contingent Obligations, except for Permitted Contingent Obligations.
Debt; Contingent Obligations. (a) No Borrower will, or will permit any Subsidiary to, directly or indirectly, create, incur, assume, guarantee or otherwise become or remain directly or indirectly liable with respect to, any Debt, except for Permitted Debt.
(b) No Borrower will, or will permit any Subsidiary to, directly or indirectly, create, assume, incur or suffer to exist any Contingent Obligations, except for Permitted Contingent Obligations.
(c) No Borrower will, or will permit any Subsidiary to, directly or indirectly, purchase, redeem, defease or prepay any principal of, premium, if any, interest or other amount payable in respect of any Debt prior to its scheduled maturity (except (i) with respect to the Debt permitted under this Agreement, (ii) for Capital Lease obligations and (iii) for Subordinated Debt solely to the extent permitted by Section 5.5).
Debt; Contingent Obligations. (a) No Credit Party will, or will permit any Subsidiary to, directly or indirectly, create, incur, assume, guarantee or otherwise become or remain directly or indirectly liable with respect to, any Debt, except for Permitted Debt.
(b) No Credit Party will, or will permit any Subsidiary to, directly or indirectly, create, assume, incur or suffer to exist any Contingent Obligations, except for Permitted Contingent Obligations.
(c) No Credit Party will, or will permit any Subsidiary to, directly or indirectly, purchase, redeem, defease or prepay any principal of, premium, if any, interest or other amount payable in respect of any Debt prior to its scheduled maturity (except (i) with respect to the Obligations permitted under this Agreement and the Affiliated Obligations permitted under the Affiliated Credit Agreement, (ii) for Finance Lease obligations in an aggregate principal amount not to exceed $250,000 during the term of this Agreement and (iii) for Subordinated Debt solely to the extent permitted by Section 5.5).
Debt; Contingent Obligations. No Borrower will, directly or indirectly, create, incur, assume, guarantee or otherwise become or remain directly or indirectly liable with respect to, any Debt, except for Permitted Indebtedness. No Borrower will, directly or indirectly, create, assume, incur or suffer to exist any Contingent Obligations, except for Permitted Contingent Obligations. No Borrower will, directly or indirectly, make any loans or advance any Debt to any Person (except to the extent that Borrowers joint and several obligations hereunder would be deemed to be a loan or advance to the other Borrower).
Debt; Contingent Obligations. No Credit Party will, or will permit any Subsidiary to, directly or indirectly, create, incur, assume, guarantee or otherwise become or remain directly or indirectly liable with respect to, any Debt, except for Permitted Debt. No Credit Party will, or will permit any Subsidiary to, directly or indirectly, create, assume, incur or suffer to exist any Contingent Obligations, except for Permitted Contingent Obligations. No Credit Party will, or will permit any Subsidiary to, directly or indirectly, purchase, redeem, defease or prepay any cash principal of, cash premium, if any, cash interest or other cash amount payable in respect of any Debt prior to its scheduled date for payment (except (i) with respect to the Obligations permitted under this Agreement, (ii) for Capital Lease obligations, (iii) for obligations under the Term Loan Financing Documents in accordance with the Intercreditor Agreement, (iv) conversions of Debt into Equity Interests (other than Disqualified Equity Interests), (v) for the Third Lien Obligations in accordance with the Intercreditor Agreement and (vi) for Subordinated Debt solely to the extent permitted by Section 5.5).
Debt; Contingent Obligations. No Borrower will directly or indirectly, create, incur, assume, guarantee or otherwise become or remain directly or indirectly liable with respect to, any Debt, except for Permitted Debt. No Borrower will directly or indirectly, create, assume, incur or suffer to exist any Contingent Obligations, except for Permitted Contingent Obligations. No Borrower will permit any Excluded Subsidiary to, directly or indirectly, create, incur, assume, guarantee or otherwise become or remain directly or indirectly liable with respect to, Debt describe in clauses (a) or (b) of the definition thereof in an aggregate principal amount not to exceed $2,500,000 (excluding the principal amount of any Permitted Intercompany Investments made to such Excluded Subsidiaries) at any one time outstanding, it being understood that any Debt existing as of the Closing Date and set forth on Schedule 5.1 (and any Permitted Refinancing Debt in respect thereof) shall be permitted and not count against such $2,500,000 basket.
Debt; Contingent Obligations. Reimbursement obligations in respect of: o · the Standby Letter of Credit issued to Hintex B.V., Netherlands for EUR 11,838 in November 2010; and o · the Standby Letter of Credit issued to Pacific Gas and Electric Company, USA for $133,100 in November 2011. · · [*****] · · Liens in connection with: o · Certificate of Deposit #8046436708 held by Xxxxx Fargo Bank, N.A., as collateral against the Standby Letter of Credit issued to Hintex B.V., Netherlands for EUR 11,838 in November 2010; and o · Certificate of Deposit #6421121341 held by Xxxxx Fargo Bank, N.A., as collateral against the Standby Letter of Credit issued to Pacific Gas and Electric Company, USA for $133,100 in November 2011. · · Investments: Owner Description Current Units as of 0309/3130/17 Currency Security Type Securities Account Accuray Incorporated [*****] [*****] USD [*****] Xxxxxx Xxxxx Wealth Management Accuray Incorporated [*****] [*****] USD [*****] Xxxxxx Xxxxx Wealth Management Accuray Incorporated [*****] [*****] USD [*****] Xxxxxx Xxxxx Wealth Management Accuray Incorporated [*****] [*****] USD [*****] Xxxxxx Xxxxx Wealth Management Accuray Incorporated [*****] [*****] USD [*****] Xxxxxx Xxxxx Wealth Management Accuray Incorporated [*****] [*****] USD [*****] Xxxxxx Xxxxx Wealth Management Accuray Incorporated [*****] [*****] USD [*****] Merill Lynch Wealth Management Accuray Incorporated [*****] [*****] USD [*****] Merill Lynch Wealth Management · · Intercompany Loans: · Agreement, dated as of September 20, 2007, between TomoTherapy Incorporated, as creditor, and TomoTherapy Europe SARL, as Company, as amended. As of March 31, 2017, there was [*****] outstanding with respect to this loan. ·· Loan between Accuray Incorporated, as lender, and Accuray Medical Equipment (Russia) LLC, as debtor. As of March 31,September 30, 2017, there was [*****] outstanding with respect to this loan. · · Equity in subsidiaries: Owner Subsidiary Balance as of 39/3130/17 Accuray Incorporated Accuray International SARL [*****] Accuray Incorporated Accuray Brasil [*****] TomoTherapy Incorporated TomoTherapy Europe SARL [*****] TomoTherapy Incorporated Accuray Accelerator Technology Company Inc. [*****] · · Other Investments: Accuray Incorporated owns [*****] Series A preferred[*****]shares of common stock inof [*****]. At November 30, 2017, these shares were valued at approximately $[*****] None. Accuray Incorporated Wells Fargo 400 Hamilton Ave. Palo Alto, CA 94301 [*****] Main Operating USD Accuray Inc...
Debt; Contingent Obligations. (i) No Credit Party will, or will permit any Subsidiary to, directly or indirectly, create, incur, assume, guarantee or otherwise become or remain directly or indirectly liable with respect to, any Debt, except for Permitted Debt. MACROBUTTON DocID \\4133-3995-7584 v6 MidCap / Shimmick / Credit, Security and Guaranty Agreement
(ii) No Credit Party will, or will permit any Subsidiary to, directly or indirectly, create, assume, incur or suffer to exist any Contingent Obligations, except for Permitted Contingent Obligations.
(iii) No Credit Party will, or will permit any Subsidiary to, directly or indirectly, purchase, redeem, defease or prepay any principal of, premium, if any, interest or other amount payable in respect of any Debt prior to its scheduled date for payment (except (i) with respect to the Obligations permitted under this Agreement, (ii) for Capital Lease obligations and (iii) for Subordinated Debt solely to the extent permitted by Section 5.5).
Debt; Contingent Obligations. The financial statements referred to in Section 5.1(f) contain a complete and accurate disclosure of (i) all Debt of the Borrower and its Subsidiaries outstanding as of the respective dates of such financial statements and (ii) all material loss contingencies and other contingent obligations of the Borrower and its Subsidiaries as of such dates, including all Guaranties of the Borrower and its Subsidiaries. As of the Closing Date, neither the Borrower nor any of its Subsidiaries has incurred any other Debt or Guaranties since the respective dates of such financial statements, except as would have been permitted under Sections 6.2(f) and 6.2(i) of this Agreement had this Agreement been in effect at the time of the incurrence of any such additional Debt or Guaranties. Neither the Borrower nor any of its Subsidiaries has incurred any loss contingencies or other contingent obligations since the respective dates of such financial statements which could reasonably be expected to have a Material Adverse Effect. Neither the Borrower nor any other "Subsidiary Guarantor" (as defined in the Parent Indenture) has any "Designated Senior Indebtedness of Subsidiary Guarantors" (as defined in the Parent Indenture) other than the Obligations. The Parent itself, on a consolidating basis, has no liabilities, other than (i) the Parent Subordinated Debt and (ii) other liabilities and expense accruals which do not exceed, in the aggregate, $5,000,000. The Parent is the exclusive legal and beneficial owner of, and has not assigned, pledged or participated all or any part of, the Subordinated Intercompany Note.
