Existing Indebtedness and Liens. Neither the Company nor any of its Restricted Subsidiaries has outstanding any Debt except as permitted by Section 10.5. There exists no default under the provisions of any instrument evidencing such Debt or of any agreement relating thereto which would constitute an Event of Default under clause (f) of Section 11. Neither the Company nor any of its Restricted Subsidiaries has agreed or consented to, or agreed 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.
Existing Indebtedness and Liens. The Borrower and its Subsidiaries have no Indebtedness or Liens on any of their properties or assets on the Effective Date other than as listed on Schedule 5.20.
Existing Indebtedness and Liens. On the Closing Date, there is no outstanding material Indebtedness owed by the PMF for borrowed money by way of direct loan, sale of debt securities, purchase money obligation, conditional sale, guarantee or otherwise, and, to the knowledge of Borrower, there is no other outstanding Indebtedness owed by the PMF. There is no outstanding Indebtedness owed by Borrower or Acquisition SPV except as permitted by Section 5.4 and, on the Closing Date, there is no Lien affecting the Collateral, other than Liens in favor of Lender. No security agreement, financing statement, equivalent security or other Lien instrument or continuation statement covering all or any part of the Collateral (other than those in favor of Lender under the Loan Documents) is on file or of record in any public office.
Existing Indebtedness and Liens. Section 4.05 of the Disclosure Schedule sets forth a true, correct and complete list, and describes, as applicable: (i) all indebtedness of the Company for borrowed money or any of its Subsidiaries, showing, as to each indebtedness, the payee, the principal, stated interest rate and maturity date; (ii) all Liens (other than Permitted Liens) in respect of any property or assets of the Company or any of its Subsidiaries, showing, as to each Lien, the name of the grantor and secured party, the indebtedness secured by such Lien, the name of the debtor (if different from the grantor) and the assets or other property covered by such Lien; and (iii) as of June 30, 2013, or such other dates indicated, a trade payables aging schedule for the Company and its Subsidiaries.
Existing Indebtedness and Liens. (a) Set forth on Schedule 6.21(a) is a list of all Indebtedness for borrowed money outstanding as of the Closing Date.
Existing Indebtedness and Liens. (a) Schedule 4.22(a) sets forth a complete and correct list, as of the date of this Agreement, of each credit agreement, loan agreement, indenture, securities purchase agreement, guarantee, letter of credit or other arrangement providing for or otherwise relating to any Indebtedness for Money Borrowed or any extension of credit (or commitment for any extension of credit) to, or Guaranty by, the Borrower or any of its Subsidiaries the aggregate principal or face amount of which equals or exceeds (or may equal or exceed) $2,500,000, and the aggregate principal or face amount outstanding or that may become outstanding under each such arrangement is correctly described in Schedule 4.22(a).
Existing Indebtedness and Liens. (a) Schedule 3.13, together with the Payment Obligations existing on the date of the Closing, sets forth a complete and correct list of all outstanding indebtedness of the Company and its subsidiaries, as of the Closing, since which date there has been no material change in the amounts, interest rates or maturities of such indebtedness. Neither the Company nor any of its subsidiaries is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any indebtedness of the Company or such subsidiary and no event or condition exists with respect to any indebtedness of the Company or any of its subsidiaries that would permit (or that with notice or the lapse of time, or both, would permit) one or more persons to cause such indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
Existing Indebtedness and Liens. Schedule 4.8 sets forth a true, correct and complete list, and describes, as of March 31, 2011 or such other dates indicated, as applicable: (i) all indebtedness of the Company for borrowed money or any of its Subsidiaries, showing, as to each indebtedness, the payee, the principal, stated interest rate and maturity date; (ii) all Liens (other than Permitted Liens) in respect of any property or assets of the Company or any of its Subsidiaries, showing, as to each Lien, the name of the grantor and secured party, the indebtedness secured by such Lien, the name of the debtor (if different from the grantor) and the assets or other property covered by such Lien; and (iii) a trade payables aging schedule for the Company and its Subsidiaries.
Existing Indebtedness and Liens. Indebtedness
Existing Indebtedness and Liens. Unsecured $100,000,000 Revolving Credit Agreement with National City Bank; $2,000,000 Loan Agreement by Burlington County Board of Chosen Freeholders to Burlington Coat Factory Warehouse of Edgewater Park Urban Renewal Corp., secured by a Mortgage on distribution facility located in the township of Edgewater Park, County of Burlington and State of New Jersey; $7,005,000 Loan Agreement between New Jersey Economic Development Authority and Burlington Coat Factory Warehouse of New Jersey, Inc. secured by a mortgage on distribution facility located in the township of Burlington, County of Burlington and State of New Jersey; Unsecured Line of Credit with Chase Bank in the amount of $25,000,000. EXHIBIT 1A [FORM OF SERIES A NOTE] BURLINGTON COAT FACTORY WAREHOUSE CORPORATION BURLINGTON COAT FACTORY WAREHOUSE OF NEW JERSEY, INC. 4.06% SERIES A SENIOR NOTE DUE SEPTEMBER 30, 2010 No. RA-____ [Date] $_________ PPN: __________ FOR VALUE RECEIVED, the undersigned, BURLINGTON COAT FACTORY WAREHOUSE CORPORATION (herein called the "Company"), a corporation organized and existing under the laws of the State of Delaware, and BURLINGTON COAT FACTORY WAREHOUSE OF NEW JERSEY, INC. (herein called the "Subsidiary Obligor;" and together with the Company, the "Obligors"), a corporation organized and existing under the laws of the State of New Jersey, hereby promise to pay to _____________ or registered assigns, the principal sum of ____________________ DOLLARS ($__________) on September 30, 2010, with interest (computed on the basis of a 360-day year of twelve 30-day months) (a) on the unpaid balance thereof at the rate of 4.06% per annum from the date hereof, payable semi-annually on the 30th day of September and March in each year, commencing with the September or March next succeeding the date hereof, until the principal hereof shall have become due and payable, and (b) to the extent permitted by law on any overdue payment (including any overdue prepayment) of principal, any overdue payment of interest and any overdue payment of any Make-Whole Amount (as defined in the Note Purchase Agreement referred to below), payable semi-annually as aforesaid (or, at the option of the registered holder hereof, on demand), at a rate per annum from time to time equal to the greater of (i) 6.06% or (ii) 2% over the rate of interest publicly announced from time to time by The Bank of New York in New York City, New York (or its successor) as its "base" or "prime" rate. The obligations of the Ob...
