Existing Indebtedness Agreements Clause Samples

Existing Indebtedness Agreements. On or prior to the Initial Borrowing Date, there shall have been delivered to (or made available for review by) the Banks copies, certified (in the case of those delivered) as true and correct by an appropriate officer of the Company making such delivery, of all agreements evidencing or relating to the Existing Debt or the Existing Contingent Obligations with respect to Indebtedness for borrowed money (collectively, the "Existing Indebtedness Agreements"). The acceptance of the benefits of each Revolving Loan shall constitute a representation and warranty by the Company to each of the Banks that all of the applicable conditions specified above exist as of the date of such Revolving Loan. All of the certificates, legal opinions and other documents and papers referred to in this Section 4, unless otherwise specified, shall be delivered to the Administrative Agent at its Notice Office for the account of each of the Banks and in sufficient counterparts for each of the Banks and shall be reasonably satisfactory in form and substance to the Administrative Agent.

Existing Indebtedness Agreements. On or prior to the Initial Borrowing Date, there shall have been delivered to the Agent or Co-Agent copies, certified as true and correct by an appropriate officer of the Company, of: (a) all agreements evidencing or relating to the Existing Indebtedness that are to remain in effect after giving effect to the consummation of the Acquisition (collectively, the "Existing Indebtedness Agreements"); and (b) all agreements and documents relating to the Acquisition (collectively, the "Transaction Documents"); all of which agreements and documents shall be (x) in form and substance satisfactory to the Agent or Co-Agent and (y) in full force and effect on the Initial Borrowing Date. Prior to the Initial Borrowing Date, the Norex Loan shall have been paid in full and all debts thereunder permanently retired. The agreements and documents reflecting such payments and termination of the Norex Loan shall be (x) in form and substance satisfactory to the Agent and Co-Agent and (y) delivered to the Agent and in full force and effect on the Initial Borrowing Date.

Existing Indebtedness Agreements. 34 5.06. Consummation of the Refinancing ......................... 35 5.07. Adverse Change, etc. .................................... 35 5.08. Litigation .............................................. 35 5.09. Pledge Agreement ........................................ 35 5.10. Security Agreement ...................................... 36

Existing Indebtedness Agreements. Public Company shall repay within three business days from the date hereof the outstanding balance of that certain Loan Agreement, dated December 25, 2023, by and among Public Company, Square Financial Services, Inc. (“Square”), and Block, Inc. (“Block”). Public Company acknowledges and agrees that it shall continue to pay the balance of and otherwise remain in compliance with the terms of (i) that certain Loan Agreement, dated December 26, 2023, by and among Public Company, Square, and Block, and (ii) that certain equipment purchase agreement, dated April 22, 2024, by and between Public Company and ▇▇▇▇▇▇ Leasing Corporation (d/b/a PEAC Solutions) (collectively, the “Existing Indebtedness Agreements”).

Existing Indebtedness Agreements. 23 5.07 Adverse Change, etc..................................... 23 5.08 Litigation.............................................. 24 5.09 Approvals............................................... 24 5.10 Fees.................................................... 24 5.11 Guaranty................................................ 24 5.12 Rig Reports............................................. 24 5.13

Existing Indebtedness Agreements. 35 5.14. Solvency Certificate; Evidence of Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 5.15. Rig Appraisals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 5.16.

Existing Indebtedness Agreements. The Borrower shall have delivered, or made available, to the Administrative Agent, true and correct copies of any debt instrument, security agreement or other material contract in effect as of the date hereof to which the Borrower and its Subsidiaries may be a party.

Existing Indebtedness Agreements. 23 5.07 Adverse Change, etc. . . . . . . . . . . . . . . . . . . . . 23 5.08 Litigation . . . . . . . . . . . . . . . . . . . . . . . . . 23 5.09 Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . 23 5.10 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 5.11 Guaranty . . . . . . . . . . . . . . . . . . . . . . . . . . 24 5.12 Rig Reports . . . . . . . . . . . . . . . . . . . . . . . . . 24 5.13

Existing Indebtedness Agreements. Borrower shall have (i) terminated the Amended and Restated Loan and Security Agreement, dated March 12, 1998, as amended to date, between Borrower and Silicon Valley Bank, N.A., and (ii) redeemed the notes outstanding under the Indenture, dated November 1, 2007, by and among NetScout Systems, Inc., the Guarantors named therein and ▇▇▇▇▇ Fargo Bank, National Association, as Trustee, which termination and redemption shall be deemed to have occurred upon payment in full of all of the Indebtedness outstanding thereunder and termination of the commitments established therein.