Common use of Existing Indebtedness; Future Liens Clause in Contracts

Existing Indebtedness; Future Liens. (a) Neither the Company nor any of its Subsidiaries has outstanding any Indebtedness except as permitted by Section 10.2. 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 Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness 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 Indebtedness 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 the Company nor any Subsidiary has agreed or consented to cause or permit any of its Material property, whether now owned or hereafter acquired, to be subject to a Lien (other than a Permitted Lien) that secures Indebtedness or to cause or permit in the future (upon the happening of a contingency or otherwise) any of its Material property, whether now owned or hereafter acquired, to be subject to a Lien not permitted by Section 10.3 hereof. (c) Neither the Company nor any Subsidiary is a party to, or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company or such Subsidiary, any agreement relating thereto or any other agreement (including, but not limited to, its charter or any other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company, except as set forth in the Credit Agreement, the Prudential Shelf Agreement, this Agreement and the respective related documents or as disclosed in Schedule 5.15.

Existing Indebtedness; Future Liens. (a) Neither Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company nor any of and its Subsidiaries as of the date of Closing (including a description of the obligors and obligees, principal amount outstanding and collateral therefor, if any, and Guaranty thereof, if any), since which date there has outstanding any been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness except as permitted by Section 10.2of the Company or its Subsidiaries. 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 Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness 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 Indebtedness 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 the Company nor any Subsidiary has agreed or consented to cause or permit any of its Material property, whether now owned or hereafter acquired, to be subject to a Lien (other than a Permitted Lien) that secures Indebtedness or to cause or permit in the future (upon the happening of a contingency or otherwise) any of its Material property, whether now owned or hereafter acquired, to be subject to a Lien not permitted by Section 10.3 hereof10.6. (c) Neither the Company nor any Subsidiary is a party to, or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company or such Subsidiary, any agreement relating thereto or any other agreement (including, but not limited to, its charter or any other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the CompanyCompany under this Agreement or the Notes or of the Subsidiary Guarantors under their respective Subsidiary Guarantees, except as set forth in the Credit Agreement, the Prudential Shelf Agreement, this Agreement and the respective related documents or as disclosed specifically indicated in Schedule 5.15.

Existing Indebtedness; Future Liens. (a) Neither the Company nor any of its Subsidiaries has outstanding any Indebtedness except as permitted by Section 10.2. 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 Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness 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 Indebtedness 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 the Company nor any Subsidiary has agreed or consented to cause or permit any of its Material property, whether now owned or hereafter acquired, to be subject to a Lien (other than a Permitted Lien) that secures Indebtedness or to cause or permit in the future (upon the happening of a contingency or otherwise) any of its Material property, whether now owned or hereafter acquired, to be subject to a Lien not permitted by Section 10.3 hereof. (c) Neither the Company nor any Subsidiary is a party to, or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company or such Subsidiary, any agreement relating thereto or any other agreement (including, but not limited to, its charter or any other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company, except as set forth in the Credit Agreement, the Prudential Shelf Agreement, this Agreement and the respective related documents or as disclosed in Schedule 5.15.

Existing Indebtedness; Future Liens. (a) Neither the Except as described therein, Schedule 5.15 sets forth a complete and correct list of all Existing Indebtedness of each Company nor any of and its Subsidiaries has arising under clause (a) of the definition thereof as of the date of the Closing (including a description of the obligors and obligees, principal amount outstanding any Indebtedness except as permitted by Section 10.2and collateral therefor, if any, and guarantees thereof, if any). Neither the any 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 Indebtedness of the such Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the any 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 Indebtedness 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 the Neither any Company nor any Subsidiary has agreed or consented to cause or permit any of its Material property, whether now owned or hereafter acquired, to be subject to a Lien (other than a Permitted Lien) that secures Indebtedness or to cause or permit in the future (upon the happening of a contingency or otherwise) any of its Material property, whether now owned or hereafter acquired, to be subject to a Lien not permitted by Section 10.3 hereofLien, other than Permitted Liens. (c) Neither the any Company nor any Subsidiary is a party to, or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the such Company or such Subsidiary, any agreement relating thereto or any other agreement (including, but not limited to, its charter or any other organizational documentOrganizational Document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the any Company, except as set forth in the Credit Agreement, the Prudential Shelf Agreement, this Agreement and the respective related documents or as disclosed specifically indicated in Schedule 5.15.

Existing Indebtedness; Future Liens. (a) Neither The Issuer does not have, and has never had, any outstanding Indebtedness other than the Company nor Notes or other Permitted Indebtedness. The Issuer has not granted or suffered to exist any of its Subsidiaries has outstanding any Indebtedness except as permitted by Section 10.2. 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 Liens on any Indebtedness property of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness Issuer while held by the Issuer other than Permitted Liens. As of the Company or Initial Closing Date, there were no outstanding Liens on any Subsidiary that would permit (or that with notice or property of the lapse Issuer other than Permitted Liens. As of timethe Second Closing Date, or both, would permit) one or more Persons there are no outstanding Liens on any property acquired by the Issuer pursuant to cause the Asset Purchase Agreement dated as of such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of paymentdate other than Permitted Liens. (b) Except Other than as disclosed in Schedule 5.15permitted or contemplated by the Basic Documents (including Permitted Liens), neither the Company nor any Subsidiary Issuer has not agreed or consented to cause or permit any of its Material property, whether now owned or hereafter acquired, to be subject to a Lien (other than a Permitted Lien) that secures Indebtedness or to cause or permit in the future (upon the happening of a contingency or otherwise) any of its Material property, whether now owned or hereafter acquired, to be subject to a Lien not permitted by Section 10.3 hereofthat secures Indebtedness. (c) Neither Other than the Company nor any Subsidiary Basic Documents, the Issuer is not a party to, or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company or such SubsidiaryIssuer, any agreement relating thereto or any other agreement (including, but not limited to, including its charter or any other organizational documentOrganizational Document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company, except as set forth in the Credit Agreement, the Prudential Shelf Agreement, this Agreement and the respective related documents or as disclosed in Schedule 5.15Issuer.