Disqualified Capital Stock. The Indebtedness of any Person shall include the Indebtedness of any other entity (including any partnership in which such Person is a general partner) to the extent such Person is liable therefor as a result of such Person’s ownership interest in or other relationship with such entity, except to the extent the terms of such Indebtedness provide that such Person is not liable therefor.
Appears in 15 contracts
Samples: Credit Agreement (Jazz Pharmaceuticals PLC), Term Loan Agreement (EyePoint Pharmaceuticals, Inc.), Term Loan Credit Agreement (MKS Instruments Inc)
Disqualified Capital Stock. The Indebtedness of any Person shall include the Indebtedness of any other entity (including any partnership or joint venture in which such Person is a general partner) partner or joint venturer, unless such Indebtedness is expressly non-recourse to the extent such Person is liable therefor as a result of such Person’s ownership interest in or other relationship with such entity, except to the extent the terms of such Indebtedness provide that such Person is not liable therefor.
Appears in 7 contracts
Samples: Senior Secured Note Purchase Agreement (Golden Arrow Merger Corp.), Financing Agreement (TherapeuticsMD, Inc.), Subordination Agreement (Outbrain Inc.)
Disqualified Capital Stock. The Indebtedness of any Person shall include the Indebtedness of any other entity (including any partnership or Joint Venture in which such Person is a general partner) partner or joint venturer, unless such Indebtedness is non-recourse to the extent such Person is liable therefor as a result of such Person’s ownership interest in or other relationship with such entity, except to the extent the terms of such Indebtedness provide that such Person is not liable therefor.
Appears in 2 contracts
Samples: Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.), Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.)
Disqualified Capital Stock. The For all purposes hereof, the Indebtedness of any Person shall include the Indebtedness of any partnership or joint venture (other entity (including any partnership than a joint venture that is itself a corporation or limited liability company) in which such Person is a general partner) partner or a joint venturer, unless such Indebtedness is expressly made non-recourse to such Person. The amount of any capital lease or Synthetic Lease Obligation as of any date shall be deemed to be the extent such Person is liable therefor amount of Attributable Indebtedness in respect thereof as a result of such Person’s ownership interest in or other relationship with such entity, except to the extent the terms of such Indebtedness provide that such Person is not liable therefordate.
Appears in 1 contract
Disqualified Capital Stock. The Indebtedness of any Person shall include the Indebtedness of any other entity (including any partnership or Joint Venture in which such Person is a general partner) partner or joint venturer, unless such Indebtedness is expressly non-recourse to the extent such Person is liable therefor as a result of such Person’s ownership interest in or other relationship with such entity, except to the extent the terms of such Indebtedness provide that such Person is not liable therefor.
Appears in 1 contract