Common use of Exempted Indebtedness Clause in Contracts

Exempted Indebtedness. Notwithstanding Section 1010 and Section 1011, the Guarantor and any one or more of its Subsidiaries may, without securing the Securities, issue, assume, or guarantee Secured Debt or enter into any Sale and Leaseback Transaction which would otherwise be subject to the restrictions of Section 1010 and Section 1011, provided that after giving effect thereto, the aggregate amount of such Secured Debt then outstanding (not including Secured Debt permitted under the exceptions set forth in Section 1010) and the Attributable Debt of Sale and Leaseback Transactions (other than Sale and Leaseback Transactions in accordance with clause (a) or (b) of Section 1011) at such time does not exceed 15% of Consolidated Net Assets.

Appears in 5 contracts

Samples: Indenture (Danaher Corp /De/), DH Europe Finance II S.a.r.l., DH Europe Finance II S.a.r.l.

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Exempted Indebtedness. Notwithstanding Section 1010 and Section 1011, the Guarantor Company and any one or more of its Subsidiaries may, without securing the Securities, issue, assume, or guarantee Secured Debt or enter into any Sale and Leaseback Transaction which would otherwise be subject to the restrictions of Section 1010 and Section 1011, provided that that, after giving effect thereto, the aggregate amount of such Secured Debt then outstanding (not including Secured Debt permitted under the exceptions set forth in Section 1010) and the Attributable Debt of Sale and Leaseback Transactions (other than Sale and Leaseback Transactions in accordance with clause (a) or (b) of Section 1011) at such time does not exceed 15% of Consolidated Net Assets.

Appears in 2 contracts

Samples: Allegheny Technologies Incorporated (Allegheny Technologies Inc), Arch Coal Inc

Exempted Indebtedness. Notwithstanding Section 1010 4.7 and Section 10114.8, the Guarantor Company and any one or more of its Subsidiaries may, without securing the Securities, issue, assume, or guarantee Secured Debt or enter into any Sale and Leaseback Transaction which would otherwise be subject to the restrictions of Section 1010 4.7 and Section 10114.8, provided that that, after giving effect thereto, the aggregate amount of such Secured Debt then outstanding (not including Secured Debt permitted under the exceptions set forth in Section 10104.7) and the Attributable Debt of Sale and Leaseback Transactions (other than Sale and Leaseback Transactions in accordance with clause (a) or (b) of Section 10114.8) at such time does not exceed 15% of Consolidated Net Assets.

Appears in 1 contract

Samples: Danaher Corp /De/

Exempted Indebtedness. Notwithstanding Section 1010 Sections 4.08 and Section 10114.10, the Guarantor Company and any one or more of its Subsidiaries may, without securing the Securities, issue, assume, or guarantee Secured Debt or enter into any Sale and Leaseback Transaction which would otherwise be subject to the restrictions of Section 1010 Sections 4.08 and Section 10114.10; provided that, provided that after giving effect thereto, the aggregate amount of such Secured Debt then outstanding (not including Secured Debt permitted under the exceptions set forth in Section 10104.08) and the Attributable Debt of Sale and Leaseback Transactions (other than Sale and Leaseback Transactions in accordance with clause (a) or (b) of Section 10114.10) at such time does not exceed 15% of Consolidated Net Assets.

Appears in 1 contract

Samples: Indenture (Fortive Corp)

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Exempted Indebtedness. Notwithstanding Section 1010 Conditions 3(a) and Section 10113(b), the Guarantor Issuer and any one or more of its Subsidiaries may, without securing the SecuritiesNotes, issue, assume, or guarantee Secured Debt or enter into any Sale and Leaseback Transaction which would otherwise be subject to the restrictions of Section 1010 and Section 1011foregoing restrictions, provided that that, after giving effect thereto, the aggregate amount of such Secured Debt then outstanding (not including Secured Debt permitted under the exceptions set forth in Section 1010Condition 3(a)) and the Attributable Debt of Sale and Leaseback Transactions (other than Sale and Leaseback Transactions in accordance connection with clause clauses (a1) or (b2) of Section 1011in Condition 3(b)) at such time does not exceed 15% of Consolidated Net Assets.

Appears in 1 contract

Samples: Fiscal Agency Agreement (Danaher Corp /De/)

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