Debts, Guaranties and Other Obligations. Neither the Borrowers nor any Subsidiary will incur, create, assume or in any manner become or be liable in respect of any indebtedness (including obligations for the payment of rentals); and neither the Borrowers nor any Subsidiary will guarantee or otherwise in any way become or be responsible for obligations of any other Person, whether by agreement to purchase the indebtedness of any other Person or agreement for the furnishing of funds to any other Person through the purchase or lease of goods, supplies or services (or by way of stock purchase, capital contribution, advance or loan) for the purpose of paying or discharging the indebtedness of any other Person, or otherwise, except that the foregoing restrictions shall not apply to: (a) the Revolving Credit Note or other Indebtedness to the Lender; (b) liabilities, direct or contingent, of the Borrowers and their Subsidiaries existing on the date of this Agreement which are reflected in the Financial Statements or have been disclosed to the Lender in Schedule III attached hereto, but not any renewals and- ~ extensions thereof; (c) liabilities in relation to leases and lease agreements to the extent permitted by Section 5.07 hereof; (d) endorsements of negotiable or similar instruments for collection or deposit in the ordinary a course of business;
Appears in 1 contract
Samples: Loan Agreement (Ultrak Inc)
Debts, Guaranties and Other Obligations. Neither the Borrowers Seller nor any Subsidiary will incur, create, assume or in any manner become or be liable in respect of any indebtedness (including obligations for the payment of rentals); and neither the Borrowers Seller nor any Subsidiary will guarantee or otherwise in any way become or be responsible for obligations of any other Person, whether by agreement to purchase the indebtedness of any other Person or agreement for the furnishing of funds to any other Person through the purchase or lease of goods, supplies or services (or by way of stock purchase, capital contribution, advance or loan) for the purpose of paying or discharging the indebtedness of any other Person, or otherwise, except that the foregoing restrictions shall not apply to:
(a) Obligations of Seller and its Subsidiaries pursuant to this Agreement and the Revolving Credit Note or other Indebtedness to the LenderSecurity Instruments;
(b) liabilities, direct or contingent, of the Borrowers Seller and their its Subsidiaries existing on the date of this Agreement which are reflected in the Financial Statements or have been disclosed to the Lender CSI in Schedule III attached heretowriting, but not any renewals and- ~ and extensions thereof;
(c) liabilities in relation to leases and lease agreements to the extent permitted by Section 5.07 hereof;
(d) endorsements of negotiable or similar instruments for collection or deposit in the ordinary a course of business;
(e) trade payables or similar obligations from time to time incurred in the ordinary course of business other than for borrowed money;
(f) taxes, assessments or other government charges which are not yet due or are being contested pursuant to Section 4.02 hereof.
Appears in 1 contract
Debts, Guaranties and Other Obligations. Neither the Borrowers Borrower nor any Subsidiary will incur, create, assume or in any manner become or be liable in respect of any indebtedness (including obligations for the payment of rentals); and neither the Borrowers Borrower nor any Subsidiary will guarantee or otherwise in any way become or be responsible for obligations of any other Person, whether by agreement to purchase the indebtedness of any other Person or agreement for the furnishing of funds to any other Person through the purchase or lease of goods, supplies or services (or by way of stock purchase, capital contribution, advance or loan) for the purpose of paying or discharging the indebtedness of any other Person, or otherwise, except that the foregoing restrictions shall not apply to:
(a) the Revolving Credit Note or other Indebtedness to the Lender;
(b) liabilities, direct or contingent, of the Borrowers Borrower and their its Subsidiaries existing on the date of this Agreement which are reflected in the Financial Statements or have been disclosed to the Lender in Schedule III attached heretowriting, and any renewals and extensions (but not any increases) thereof (provided that such extensions and renewals and- ~ extensions thereofare on substantially the same terms as in effect on the date of this Agreement);
(c) liabilities in relation to leases and lease agreements to the extent permitted by Section 5.07 hereof;
(d) endorsements of negotiable or similar instruments for collection or deposit in the ordinary a course of business;
(e) trade payables or similar obligations from time to time incurred in the ordinary course of business other than for borrowed money;
(f) taxes, assessments or other government charges which are not yet due or are being contested pursuant to Section 4.02 hereof;
(g) indebtedness which is subordinated to the Note by terms satisfactory to the Lender, in its sole discretion;
Appears in 1 contract
Debts, Guaranties and Other Obligations. Neither the Borrowers nor Borrower will not, and will not permit any Subsidiary will to, incur, create, assume or in any manner become or be liable in respect of any indebtedness (including obligations for the payment of rentals); and neither the Borrowers nor any no Borrower will, or will permit a Subsidiary will to, guarantee or otherwise in any way become or be responsible for obligations of any other Person, whether by agreement to purchase the indebtedness of any other Person or agreement for the furnishing of funds to any other Person through the purchase or lease of goods, supplies or services (or by way of stock purchase, capital contribution, advance or loan) for the purpose of paying or discharging the indebtedness of any other Person, or otherwise, except that the foregoing restrictions shall not apply to:
(a) the Revolving Credit Note or other Indebtedness to the Lender;
(b) liabilities, direct or contingent, of the Borrowers Borrower and their its Subsidiaries existing on the date of this Agreement which are reflected in the Financial Statements or have been disclosed to the Lender in Schedule III attached heretowriting, and any renewals and extensions (but not any renewals and- ~ extensions increases) thereof;
(c) liabilities in relation to leases and lease agreements to the extent permitted by Section 5.07 hereof;
(d) endorsements of negotiable or similar instruments for collection or deposit in the ordinary a course of business;
(e) trade payables or similar obligations from time to time incurred in the ordinary course of business other than for borrowed money (exclusive of the promissory notes described in Section 7.21, as in effect on the date hereof);
(f) taxes, assessments or other government charges which are not yet due or are being contested pursuant to Section 4.02 hereof;
(g) indebtedness which is subordinated to the Note by terms satisfactory to Lender, in its sole discretion; and
(h) indebtedness listed on Schedule 5.01 attached hereto.
Appears in 1 contract