Existing Debt; Future Liens. (a) Except as disclosed in the Memorandum, the Company and its Subsidiaries, on a consolidated basis, do not, and as of the date of the Closing will not, have any outstanding Debt. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Debt of the Company or such Subsidiary, and no event or condition exists with respect to any Debt of the Company or any Subsidiary, that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Debt to become due and payable before its stated maturity or before its regularly scheduled dates of payment. (b) Neither the Company nor any Subsidiary has agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not permitted by Section 10.3.
Appears in 2 contracts
Samples: Note Purchase Agreement (Jackson Hewitt Tax Service Inc), Note Purchase Agreement (Jackson Hewitt Tax Service Inc)
Existing Debt; Future Liens. (a) Except Schedule 5.15 sets forth a complete and correct list of all outstanding Debt of the Company as disclosed of the Restatement Date, since which date there has been no Material change in the Memorandumamounts, interest rates, sinking funds, installment payments, or maturities of the Debt of the Company. As of the Restatement Date, the Company and its Subsidiaries, on a consolidated basis, do not, and as of the date of the Closing will not, have any outstanding Debt. Neither the Company nor any Subsidiary is not be in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Debt of the Company or such Subsidiary, and no event or condition exists with respect to any Debt of the Company or any Subsidiary, that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Debt to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) Neither the Company nor any Subsidiary has The Loan Parties have not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its propertytheir respective Property, whether now owned or hereafter acquired, to be subject to a Lien not permitted by Section 10.310.9.
Appears in 1 contract
Existing Debt; Future Liens. (a) Except as disclosed in the Memorandum, Schedule 5.15 sets forth a complete and correct list of all outstanding Debt of the Company and its Subsidiaries, on a consolidated basis, do not, and Restricted Subsidiaries as of the date of the Closing will not, have any outstanding DebtClosing. Neither the Company nor any Restricted Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Debt of the Company or such Subsidiary, Restricted Subsidiary and no event or condition exists with respect to any Debt of the Company or any Subsidiary, Restricted Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Debt to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) Neither the Company nor any Restricted Subsidiary has agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not permitted by Section 10.3.
Appears in 1 contract
Samples: Note Purchase Agreement (Alliance Resource Partners Lp)