Common use of Existing Debt; Liens Clause in Contracts

Existing Debt; Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Debt of the Obligors and their Subsidiaries, other than Excluded Subsidiaries, as of July 21, 2016 (including a description of the obligors and obligees, principal amount outstanding and collateral therefor, if any and Guaranty thereof, if any). Neither of the Obligors 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 Obligors or such Subsidiary, and no event or condition exists with respect to any Debt of the Obligors 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) Except as disclosed in Schedule 5.15, neither of the Obligors 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 10.2. (c) Neither any Obligor nor any Subsidiary is a party to, or otherwise subject to any provision contained in, any instrument evidencing Debt of such Obligor or such Subsidiary, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Debt of the Obligors, except as specifically indicated in Schedule 5.15.

Appears in 2 contracts

Samples: Note Purchase Agreement (Sovran Self Storage Inc), Note Purchase Agreement (Sovran Acquisition LTD Partnership)

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Existing Debt; Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list as of the Series A Closing Day of all outstanding Debt Indebtedness for Borrowed Money of the Obligors Company and their Subsidiaries, other than Excluded Subsidiaries, its Subsidiaries as of July 21June 30, 2016 2010 (including a description of the obligors and obligees, principal amount outstanding and collateral therefor, if any any, and Guaranty Guaranties thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness for Borrowed Money of the Company or any of its Subsidiaries. Neither of the Obligors 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 Indebtedness for Borrowed Money of the Obligors Company or such Subsidiary, Subsidiary and no event or condition exists with respect to any Debt Indebtedness for Borrowed Money of the Obligors Company or any Subsidiary, 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 Indebtedness for Borrowed Money to become due and payable before its stated maturity or before its regularly scheduled dates of payment. (b) Except as disclosed in Schedule 5.15, neither of Neither the Obligors 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 propertyProperty, whether now owned or hereafter acquired, to be subject to a Lien not permitted by Section 10.210.1. (c) Neither any Obligor As of the Series A Closing Day, neither the Company nor any Subsidiary is a party to, or otherwise subject to any provision contained in, any instrument evidencing Debt Indebtedness for Borrowed Money of such Obligor the Company or such Subsidiary, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Debt Indebtedness for Borrowed Money of the ObligorsCompany or any Subsidiary, except as specifically indicated in Schedule 5.15.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (LTC Properties Inc)

Existing Debt; Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Debt of the Obligors and their Subsidiaries, other than Excluded Subsidiaries, Subsidiaries as of July 21August 5, 2016 2011 (including a description of the obligors and obligees, principal amount outstanding and collateral therefor, if any and Guaranty thereof, if any). Neither of the Obligors 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 Obligors or such Subsidiary, and no event or condition exists with respect to any Debt of the Obligors 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) Except as disclosed in Schedule 5.15, neither of the Obligors 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 10.2. (c) Neither any Obligor nor any Subsidiary is a party to, or otherwise subject to any provision contained in, any instrument evidencing Debt Indebtedness of such Obligor or such Subsidiary, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Debt of the Obligors, except as specifically indicated in Schedule 5.15.

Appears in 1 contract

Samples: Note Purchase Agreement (Sovran Self Storage Inc)

Existing Debt; Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list as of the date hereof of all outstanding Debt Indebtedness for Borrowed Money of the Obligors Company and their Subsidiaries, other than Excluded Subsidiaries, its Subsidiaries as of July 21September 30, 2016 2010 (including a description of the obligors and obligees, principal amount outstanding and collateral therefor, if any any, and Guaranty Guaranties thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness for Borrowed Money of the Company or any of its Subsidiaries. Neither of the Obligors 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 Indebtedness for Borrowed Money of the Obligors Company or such Subsidiary, Subsidiary and no event or condition exists with respect to any Debt Indebtedness for Borrowed Money of the Obligors Company or any Subsidiary, 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 Indebtedness for Borrowed Money to become due and payable before its stated maturity or before its regularly scheduled dates of payment. (b) Except as disclosed in Schedule 5.15, neither of Neither the Obligors 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 propertyProperty, whether now owned or hereafter acquired, to be subject to a Lien not permitted by Section 10.210.1. (c) Neither any Obligor As of the date hereof, neither the Company nor any Subsidiary is a party to, or otherwise subject to any provision contained in, any instrument evidencing Debt Indebtedness for Borrowed Money of such Obligor the Company or such Subsidiary, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Debt Indebtedness for Borrowed Money of the ObligorsCompany or any Subsidiary, except as specifically indicated in Schedule 5.15.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (LTC Properties Inc)

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Existing Debt; Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Debt of the Obligors and their Subsidiaries, other than Excluded Subsidiaries, Subsidiaries as of July 21April 8, 2016 2014 (including a description of the obligors and obligees, principal amount outstanding and collateral therefor, if any and Guaranty thereof, if any). Neither of the Obligors 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 Obligors or such Subsidiary, and no event or condition exists with respect to any Debt of the Obligors 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) Except as disclosed in Schedule 5.15, neither of the Obligors 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 10.2. (c) Neither any Obligor nor any Subsidiary is a party to, or otherwise subject to any provision contained in, any instrument evidencing Debt Indebtedness of such Obligor or such Subsidiary, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Debt of the Obligors, except as specifically indicated in Schedule 5.15.

Appears in 1 contract

Samples: Note Purchase Agreement (Sovran Self Storage Inc)

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