Common use of Existing Indebtedness; Future Liens Clause in Contracts

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company and its Subsidiaries as of April 19, 2022 (including descriptions of the obligors and obligees, principal amounts outstanding, any collateral therefor and any Guaranty thereof), since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company), interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent or its Subsidiaries. None of the Parent, the Company nor any of their 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 Parent, the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Parent, 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,

Appears in 2 contracts

Samples: Note Purchase Agreement (SmartStop Self Storage REIT, Inc.), Note Purchase Agreement (SmartStop Self Storage REIT, Inc.)

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Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 8.15 hereto sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company and its Subsidiaries as of April 1930, 2022 2010 (pro forma to show the consummation of (i) the Acquisition and (ii) the transactions contemplated by this First Supplement) (including descriptions a description of the obligors and obligees, principal amounts outstandingamount outstanding and collateral therefor, any collateral therefor if any, and any Guaranty guaranty thereof, if any), since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent Company or its Subsidiaries. None of the Parent, Neither the Company nor any of their Subsidiaries 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 Parent, the Company or such any Subsidiary and no event or condition exists with respect to any Indebtedness of the Parent, 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,.

Appears in 2 contracts

Samples: Master Note Purchase Agreement, Master Note Purchase Agreement (Perrigo Co)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company Issuer and its the Subsidiaries as of April 19December 31, 2022 2016 (including descriptions of the obligors and obligees (or the agent, trustee or other entity acting in a similar capacity on behalf of the obligees), principal amounts outstanding, any collateral therefor and any Guaranty Guaranties thereof), since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent Parent, the Issuer or its the Subsidiaries. None of the Parent, the Company nor Issuer or any of their Subsidiaries 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 Parent, the Company Issuer or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Parent, the Company Issuer 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,.

Appears in 2 contracts

Samples: Note Purchase Agreement (CoreSite Realty Corp), Subsidiary Guaranty Agreement (CoreSite Realty Corp)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company and its Restricted Subsidiaries in a principal amount of $10,000,000 or greater as of April 19September 30, 2022 2011 (including descriptions a description of the obligors and obligees, principal amounts outstandingamount outstanding and collateral therefor, any collateral therefor if any, and any Guaranty Obligations thereof, if any), since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent Company or its Restricted Subsidiaries. None of the Parent, Neither the Company nor any of their Subsidiaries Restricted 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 Parent, the Company or such Restricted Subsidiary that is outstanding in an aggregate principal amount of greater than $1,000,000, and no event or condition exists with respect to any such Indebtedness of the Parent, 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 Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment,.

Appears in 2 contracts

Samples: Note Purchase Agreement (Intercontinentalexchange Inc), Note Purchase Agreement (Intercontinentalexchange Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company Issuer and its the Subsidiaries as of April 19March 31, 2022 2016 (including descriptions of the obligors and obligees (or the agent, trustee or other entity acting in a similar capacity on behalf of the obligees), principal amounts outstanding, any collateral therefor and any Guaranty Guaranties thereof), since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent Parent, the Issuer or its the Subsidiaries. None of the Parent, the Company nor Issuer or any of their Subsidiaries 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 Parent, the Company Issuer or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Parent, the Company Issuer 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,.

Appears in 2 contracts

Samples: Note Purchase Agreement (CoreSite Realty Corp), Subsidiary Guaranty Agreement (CoreSite Realty Corp)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company and its Subsidiaries (other than Indebtedness which does not exceed $5,000,000 in the aggregate and any surety, guaranty or other similar arrangements entered into in the ordinary course of business and not in respect of any borrowed money Indebtedness) as of April 19June 30, 2022 2009 (including descriptions a description of the obligors and obligees, principal amounts outstandingamount outstanding and collateral therefor, any collateral therefor if any, and any Guaranty thereof), if any) since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the such Indebtedness of the Parent Company or its Subsidiaries. None of the Parent, Neither the Company nor any of their Subsidiaries 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 Parent, the Company or such Subsidiary in an unpaid amount in excess of $1,000,000 in each instance or $5,000,000 in the aggregate, and no event or condition exists with respect to any Indebtedness of the Parent, the Company or any Subsidiary in an unpaid amount in excess of $1,000,000 in each instance or $5,000,000 in the aggregate, 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,.

Appears in 2 contracts

Samples: Note Purchase and Private Shelf Agreement (Arch Chemicals Inc), Note Purchase and Private Shelf Agreement (Arch Chemicals Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company and its Subsidiaries (other than Indebtedness which does not exceed $5,000,000 in the aggregate and any surety, guaranty or other similar arrangements entered into in the ordinary course of business and not in respect of any borrowed money Indebtedness) as of April 19June 30, 2022 2010 (including descriptions a description of the obligors and obligees, principal amounts outstandingamount outstanding and collateral therefor, any collateral therefor if any, and any Guaranty thereof), if any) since which date to the date hereof there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the such Indebtedness of the Parent Company or its Subsidiaries. None of the Parent, Neither the Company nor any of their Subsidiaries 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 Parent, the Company or such Subsidiary in an unpaid amount in excess of $1,000,000 in each instance or $5,000,000 in the aggregate, and no event or condition exists with respect to any Indebtedness of the Parent, the Company or any Subsidiary in an unpaid amount in excess of $1,000,000 in each instance or $5,000,000 in the aggregate, 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,.

Appears in 2 contracts

Samples: Master Note Purchase Agreement (Arch Chemicals Inc), Master Note Purchase Agreement (Arch Chemicals Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a list, which is complete and correct list in all Material respects, of all outstanding Indebtedness of the ParentCompany, the Company Trust and its Subsidiaries which forms part of Consolidated Total Debt as of April 19June 30, 2022 2008 (including descriptions a description of the obligors and obligees, principal amounts outstandingamount outstanding and collateral therefor, any collateral therefor if any, and any Guaranty Guarantee thereof, if any), since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the such Indebtedness of the Parent Company, the Trust or its Subsidiaries. None of the ParentCompany, the Company nor Trust or any of their Subsidiaries 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 ParentCompany, the Company Trust or such Subsidiary which forms part of Consolidated Total Debt and no event or condition exists with respect to any such Indebtedness of the ParentCompany, the Company Trust 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,.

Appears in 1 contract

Samples: Note Purchase Agreement (Penn West Energy Trust)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company Obligors and its their Subsidiaries as of April 19March 31, 2022 2017 (including descriptions a description of the obligors and obligees, principal amounts outstandingamount outstanding and collateral therefor, any collateral therefor if any, and any Guaranty Contingent Obligations in respect thereof, if any), since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent Obligors or its Subsidiariestheir Subsidiaries except as disclosed in Schedule 5.15 and except for amounts that may be borrowed under the Credit Agreement between the date of this Agreement and the Second Closing. None of Neither the Parent, the Company Obligors nor any of their Subsidiaries 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 Parent, the Company any Obligor or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Parent, the Company any Obligor 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,.

Appears in 1 contract

Samples: Note Purchase Agreement (Vectren Utility Holdings Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the ParentCompany, the Company Trust and its Subsidiaries their respective Subsidiaries, on a pro‑forma basis as of April 19August 31, 2022 2016 (including descriptions of the obligors and obligees, principal amounts outstanding, any collateral therefor and any Guaranty Guaranties thereof), since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent or its Subsidiaries. None of the ParentTrust, the Company or their respective Subsidiaries. Except as disclosed in Schedule 5.15, neither the Company, the Trust nor any of their respective 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 ParentCompany, the Company Trust or such Subsidiary and no event or condition exists with respect to any Indebtedness of the ParentCompany, the Company Trust or any Subsidiary of their respective 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,.

Appears in 1 contract

Samples: Note Purchase Agreement (Ramco Gershenson Properties Trust)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the ParentCompany, the Company Trust and its their respective Subsidiaries as of April 19August 31, 2022 2015 (including descriptions of the obligors and obligees, principal amounts outstanding, any collateral therefor and any Guaranty Guaranties thereof), since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent Company or its Subsidiaries. None of Except as disclosed in Schedule 5.15, neither the ParentCompany, the Company Trust nor any of their respective 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 ParentCompany, the Company Trust or such Subsidiary and no event or condition exists with respect to any Indebtedness of the ParentCompany, the Company Trust or any Subsidiary of their respective 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,.

Appears in 1 contract

Samples: Note Purchase Agreement (RPT Realty)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company and its Subsidiaries as of April 19July 15, 2022 2008 (including descriptions a description of the obligors and obligees, principal amounts outstandingamount outstanding and collateral therefor, any collateral therefor if any, and any Guaranty thereof), if any) excluding Indebtedness having an unpaid aggregate principal amount of less than $50,000 as of July 15, 2008, since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent Company or its Subsidiaries. None of the Parent, Neither the Company nor any of their Subsidiaries 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 Parent, the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Parent, 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,.

Appears in 1 contract

Samples: ______________ Note Purchase Agreement (Culp Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness (other than intercompany Indebtedness) with an aggregate outstanding principal amount in excess of the Parent, the Company $5,000,000 of each Obligor and its Subsidiaries as of April 19November 30, 2022 2005 (including descriptions a description of the obligors and obligees, principal amounts outstandingamount outstanding and collateral therefor, any collateral therefor if any, and any Guaranty thereof, if any), since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent any Obligor or its SubsidiariesSubsidiaries except as described in said Schedule 5.15. None of the Parent, the Company No Obligor nor any of their Subsidiaries 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 Parent, the Company any Obligor or such Subsidiary and no event or condition exists with respect to any Indebtedness having an outstanding principal amount of the Parent, the Company at least $5,000,000 of any Obligor 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,.

Appears in 1 contract

Samples: Schulman a Inc

Existing Indebtedness; Future Liens. (ai) Except as described therein, Schedule 5.15 5(o) (as revised and replaced on the Second Closing) sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company and its Subsidiaries which forms part of Consolidated Total Debt as of April 19December 31, 2022 2010 (including descriptions a description of the obligors and obligees, principal amounts outstandingamount outstanding and collateral therefor, any collateral therefor if any, and any Guaranty Guarantee thereof, if any), since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the such Indebtedness of the Parent Company or its Subsidiaries. None of the Parent, the Company nor or any of their Subsidiaries 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 Parent, the Company or such Subsidiary which forms part of Consolidated Total Debt and no event or condition exists with respect to any such Indebtedness of the Parent, 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,.

Appears in 1 contract

Samples: Note Purchase Agreement (Obsidian Energy Ltd.)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company and its Restricted Subsidiaries as of April 19June 30, 2022 (including descriptions of the obligors and obligees, principal amounts outstanding, any collateral therefor and any Guaranty thereof)2015, since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent Company or its Restricted Subsidiaries. None of the Parent, Neither the Company nor any of their Subsidiaries Restricted 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 Parent, the Company or such any Restricted Subsidiary and no event or condition exists with respect to any Indebtedness of the Parent, the Company or any 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 Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment,.

Appears in 1 contract

Samples: Note Purchase Agreement (Tetra Technologies Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company and its Subsidiaries as of April 19March 31, 2022 2021 (including descriptions of the obligors and obligees, principal amounts outstanding, any collateral therefor and any Guaranty Guarantee thereof), since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent Company or its Subsidiaries. None , other than, as of the ParentSecond Closing Date, additional Indebtedness permitted pursuant to this Agreement. As of March 31, 2021, neither the Company nor any of their Subsidiaries 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 Parent, the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Parent, 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,.

Appears in 1 contract

Samples: New Mountain Guardian III BDC, L.L.C.

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company and its Subsidiaries as of April 19October 31, 2022 (including descriptions of the obligors and obligees, principal amounts outstanding, any collateral therefor and any Guaranty thereof)1997, since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent Company or its Subsidiaries. None of the Parent, Neither the Company nor any of their Subsidiaries 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 Parent, the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Parent, 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,. Except as disclosed in Schedule 5.15, 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 1 contract

Samples: Entire Agreement (Northwest Pipe Co)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company and its Subsidiaries as of April 19September 30, 2022 2015 (including descriptions of the obligors and obligees (or the agent, trustee or other entity acting in a similar capacity on behalf of the obligees), principal amounts outstanding, any collateral therefor and any Guaranty Guaranties thereof), since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent Company or its Subsidiaries. None of the Parent, Neither the Company nor any of their Subsidiaries 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 Parent, the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Parent, 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,.

Appears in 1 contract

Samples: Guaranty Agreement (STORE CAPITAL Corp)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 to the [Number] Supplement sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company and its Significant Subsidiaries as of April 19, 2022 [__________] (including descriptions a description of the obligors and obligees, principal amounts outstandingamount outstanding and collateral therefor, any collateral therefor if any, and any Guaranty Guarantee thereof, if any), since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent Company or its Significant Subsidiaries. None of the Parent, Neither the Company nor any of their Subsidiaries Significant 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 Parent, the Company or such Significant Subsidiary and no event or condition exists with respect to any Indebtedness of the Parent, the Company or any Significant 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,.

Appears in 1 contract

Samples: Master Note Purchase Agreement (Hawaiian Electric Industries Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all individual items of outstanding Indebtedness of the Parent, the Company and its Subsidiaries that exceeds $40,000,000 (or in the case of Contingent Obligations, such Contingent Obligations guaranteeing or otherwise in respect of obligations that exceed $40,000,000 described in the definition of “Indebtedness”) as of April 19December 31, 2022 2019 (including descriptions of the obligors and obligees, principal amounts outstanding, any collateral therefor and any Guaranty thereof), since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent Company or its Subsidiaries. None of the Parent, Neither the Company nor any of their Subsidiaries 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 Parent, the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Parent, the Company or any Subsidiary the outstanding principal amount of which exceeds $40,000,000 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,.

Appears in 1 contract

Samples: Note Purchase Agreement (Texas New Mexico Power Co)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company and its Subsidiaries as of April 19December 31, 2022 2004 (including descriptions a description of the obligors and obligeesobligors, principal amounts outstandingamount outstanding and collateral therefore, any collateral therefor if any, and any Guaranty thereof), if any) since which date there has been no Material change increase in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, funds or installment payments or maturities of the Indebtedness of the Parent Company or its Subsidiaries. None Subsidiaries or any Material increase in the frequency of any installment payments or any Material shortening of the Parent, maturities of any such Indebtedness. Neither of the Company Obligors nor any of their Subsidiaries 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 Parent, the Company either Obligor or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Parent, the Company either Obligor 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,.

Appears in 1 contract

Samples: Firstservice Corporation (Firstservice Corp)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company Issuer and its the Subsidiaries as of April 19December 31, 2022 2018 (including descriptions of the obligors and obligees (or the agent, trustee or other entity acting in a similar capacity on behalf of the obligees), principal amounts outstanding, any collateral therefor and any Guaranty Guaranties thereof), since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent Parent, the Issuer or its the Subsidiaries. None of the Parent, the Company nor Issuer or any of their Subsidiaries 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 Parent, the Company Issuer or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Parent, the Company Issuer 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,.

Appears in 1 contract

Samples: Note Purchase Agreement (CoreSite Realty Corp)

Existing Indebtedness; Future Liens. (a) Except (i) as described thereintherein and (ii) the Indebtedness of the Company and its Subsidiaries in connection with the Notes, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company and its Subsidiaries as of April 19, 2022 the date hereof (including descriptions a description of the obligors and obligees, principal amounts outstandingamount outstanding and collateral therefor, any collateral therefor if any, and any Guaranty Guarantee thereof, if any), since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent Company or its Subsidiaries. None of the Parent, Neither the Company nor any of their Subsidiaries 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 Parent, the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Parent, 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,.

Appears in 1 contract

Samples: Guaranty Agreement (Patterson Uti Energy Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the ParentCompany, the Company Trust and its Subsidiaries their respective Subsidiaries, on a pro-forma basis as of April 19August 31, 2022 2016 (including descriptions of the obligors and obligees, principal amounts outstanding, any collateral therefor and any Guaranty Guaranties thereof), since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent or its Subsidiaries. None of the ParentTrust, the Company or their respective Subsidiaries. Except as disclosed in Schedule 5.15, neither the Company, the Trust nor any of their respective 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 ParentCompany, the Company Trust or such Subsidiary and no event or condition exists with respect to any Indebtedness of the ParentCompany, the Company Trust or any Subsidiary of their respective 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,.

Appears in 1 contract

Samples: Note Purchase Agreement (RPT Realty)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company Obligors and its their Subsidiaries as of April 19June 30, 2022 (including descriptions of the obligors and obligees, principal amounts outstanding, any collateral therefor and any Guaranty thereof)2001, since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent Obligors or its their Subsidiaries. None Neither of the Parent, the Company Obligors nor any of their Subsidiaries 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 Parent, the Company Obligors or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Parent, the Company 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 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 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 10.8.

Appears in 1 contract

Samples: Astec Industries Inc

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 8.13 sets forth a complete and correct list of all outstanding Indebtedness of the ParentCompany, the Company ICON and its their Subsidiaries as of April 19, 2022 (including descriptions the date of the obligors and obligees, principal amounts outstanding, any collateral therefor and any Guaranty thereof)this Agreement, since which date there has been no Material material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent Company, ICON or its their Subsidiaries. None of Neither the ParentCompany, the Company ICON nor any of their 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 ParentCompany, the Company ICON or such Subsidiary and no event or condition exists with respect to any Indebtedness of the ParentCompany, the Company ICON 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,.

Appears in 1 contract

Samples: Note Purchase Agreement (Credit Suisse First Boston Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all individual items of outstanding Indebtedness of the Parent, the Company and its Subsidiaries that exceeds $40,000,000 (or in the case of Contingent Obligations, such Contingent Obligations guaranteeing or otherwise in respect of obligations that exceed $40,000,000 described in the definition of “Indebtedness”) as of April 19June 30, 2022 2021 (including descriptions of the obligors and obligees, principal amounts outstanding, any collateral therefor and any Guaranty thereof), since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent Company or its Subsidiaries. None of the Parent, Neither the Company nor any of their Subsidiaries 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 Parent, the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Parent, the Company or any Subsidiary the outstanding principal amount of which exceeds $40,000,000 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,.

Appears in 1 contract

Samples: Note Purchase Agreement (Public Service Co of New Mexico)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 (as such schedule may be updated by the Company for each Closing pursuant to any supplement (including, if applicable, any Supplement) executed and delivered in connection with such Closing) sets forth a complete and correct list of all outstanding Material Indebtedness of the Parent, the Company and its Subsidiaries (provided that the aggregate amount of all Indebtedness not listed on Schedule 5.15 does not exceed $125,000,000) as of April 19August 10, 2022 (including descriptions of the obligors and obligees, principal amounts outstanding, any collateral therefor and any Guaranty thereof)2023, since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Material Indebtedness of the Parent Company or its Subsidiaries. None As of the ParentAugust 10, 2023, neither the Company nor any of their Subsidiaries 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 Parent, the Company or such Subsidiary and and, to the knowledge of the Company, no event or condition exists with respect to any Material Indebtedness of the Parent, 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 Material Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment,.

Appears in 1 contract

Samples: Master Note Purchase Agreement (North Haven Private Income Fund LLC)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company and its Subsidiaries as of April 19, 2022 (including descriptions of the obligors and obligees, principal amounts outstanding, any collateral therefor and any Guaranty thereof)________, since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent Company or its Subsidiaries. None As of the Parent___________, neither the Company nor any of their Subsidiaries 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 Parent, the Company or such Subsidiary and and, to the knowledge of the Company, no event or condition exists with respect to any Indebtedness of the Parent, 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,. [ADD ANY ADDITIONAL REPRESENTATIONS AS APPROPRIATE AT THE TIME THE SERIES ______ NOTES ARE ISSUED] [FORM OF SERIES _____ NOTE]

Appears in 1 contract

Samples: Master Note Purchase Agreement (Crescent Capital BDC, Inc.)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company and its Restricted Subsidiaries as of April 19December 31, 2022 (including descriptions of the obligors and obligees, principal amounts outstanding, any collateral therefor and any Guaranty thereof)2012, since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent Company or its Restricted Subsidiaries. None of the Parent, Neither the Company nor any of their Subsidiaries Restricted 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 Parent, the Company or such any Restricted Subsidiary and no event or condition exists with respect to any Indebtedness of the Parent, the Company or any 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 Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment,.

Appears in 1 contract

Samples: Note Purchase Agreement (Tetra Technologies Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company and its Subsidiaries as of April 19, 2022 (including descriptions of the obligors and obligees, principal amounts outstanding, any collateral therefor and any Guaranty thereof), since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent Company or its Subsidiaries. None As of the Parent, neither the Company nor any of their Subsidiaries 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 Parent, the Company or such Subsidiary and and, to the knowledge of the Company, no event or condition exists with respect to any Indebtedness of the Parent, 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,. [ADD ANY ADDITIONAL REPRESENTATIONS AS APPROPRIATE AT THE TIME THE SERIES NOTES ARE ISSUED] [FORM OF SERIES NOTE]

Appears in 1 contract

Samples: Master Note Purchase Agreement (Crescent Capital BDC, Inc.)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness (other than (i) intercompany Indebtedness and (ii) Indebtedness with an aggregate principal amount of the Parent, less than $5,000,000) of the Company and its Subsidiaries as of April 19June 15, 2022 (including descriptions of the obligors and obligees (or the agent, trustee or other entity acting in a similar capacity on behalf of the obligees), principal amounts outstanding, any collateral therefor and any Guaranty thereof), since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent Company or its Subsidiaries. None of the Parent, Neither the Company nor any of their Subsidiaries 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 Parent, the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Parent, 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,.

Appears in 1 contract

Samples: Note Purchase Agreement (Toro Co)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 to this Supplement sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company and its Subsidiaries as of______________ [insert last day of April 19, 2022 (including descriptions month immediately preceding the month of the obligors and obligees, principal amounts outstanding, any collateral therefor and any Guaranty thereof)applicable Closing], since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent Company or its Subsidiaries. None Subsidiaries (provided that the aggregate amount of all Indebtedness not listed on Schedule 5.15 to this Supplement does not exceed $50,000,000) as of the Parentdate of the Closing. As of_____________ [insert last day of month immediately preceding the month of the applicable Closing], neither the Company nor any of their Subsidiaries 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 Parent, the Company or such Subsidiary and and, to the knowledge of the Company, no event or condition exists with respect to any Indebtedness of the Parent, 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,.

Appears in 1 contract

Samples: Investment Advisory Agreement (Golub Capital Private Credit Fund)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 (as such schedule may be updated by the Company for each Closing pursuant to any Supplement executed and delivered in connection with such Closing) sets forth a complete and correct list of all outstanding Material Indebtedness of the Parent, the Company and its Subsidiaries (provided that the aggregate amount of all Indebtedness not listed on Schedule 5.15 does not exceed $125,000,000) as of April 19March 16, 2022 (including descriptions of the obligors and obligees, principal amounts outstanding, any collateral therefor and any Guaranty thereof)2023, since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Material Indebtedness of the Parent Company or its Subsidiaries. None As of the ParentMarch 16, 2023, neither the Company nor any of their Subsidiaries 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 Parent, the Company or such Subsidiary and and, to the knowledge of the Company, no event or condition exists with respect to any Material Indebtedness of the Parent, 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 Material Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment,.

Appears in 1 contract

Samples: Purchase Agreement (North Haven Private Income Fund LLC)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the ParentCompany, the Company Trust and its their respective Subsidiaries as of April 19August 31, 2022 2021 (including descriptions of the obligors and obligees, principal amounts outstanding, any collateral therefor and any Guaranty Guaranties thereof), since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent or its Subsidiaries. None of the ParentTrust, the Company or their respective Subsidiaries. Except as disclosed in Schedule 5.15, neither the Company, the Trust nor any of their respective 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 ParentCompany, the Company Trust or such Subsidiary and no event or condition exists with respect to any Indebtedness of the ParentCompany, the Company Trust or any Subsidiary of their respective 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,.

Appears in 1 contract

Samples: Note Purchase Agreement (RPT Realty)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company and its Restricted Subsidiaries as of April 19March 27, 2022 (including descriptions of the obligors and obligees, principal amounts outstanding, any collateral therefor and any Guaranty thereof)1999, since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent Company or its Restricted Subsidiaries. None of the Parent, Neither the Company nor any of their Subsidiaries Restricted 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 Parent, the Company or such Restricted Subsidiary and no event or condition exists with respect to any Indebtedness of the Parent, the Company or any 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 Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment,.

Appears in 1 contract

Samples: Note Purchase Agreement (Schein Henry Inc)

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Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company and its Subsidiaries as of April 19June 1, 2022 2015 (including descriptions a description of the obligors and obligeesobligors, principal amounts outstandingamount outstanding and collateral therefore, any collateral therefor if any, and any Guaranty thereof), if any) since which date there has been no Material change increase in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, funds or installment payments or maturities of the Indebtedness of the Parent Company or its Subsidiaries. None Subsidiaries or any Material increase in the frequency of any installment payments or any Material shortening of the Parent, maturities of any such Indebtedness. Neither the Company nor any of their Subsidiaries 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 Parent, the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Parent, 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,.

Appears in 1 contract

Samples: Note and Guarantee Agreement (FirstService Corp)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company and its Subsidiaries which forms part of Consolidated Total Debt as of April 19November 24, 2022 2011 (including descriptions a description of the obligors and obligees, principal amounts outstandingamount outstanding and collateral therefor, any collateral therefor if any, and any Guaranty Guarantee thereof, if any), since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the such Indebtedness of the Parent Company or its Subsidiaries. None of the Parent, the Company nor or any of their Subsidiaries 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 Parent, the Company or such Subsidiary which forms part of Consolidated Total Debt and no event or condition exists with respect to any such Indebtedness of the Parent, 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,.

Appears in 1 contract

Samples: Note Purchase Agreement (Obsidian Energy Ltd.)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the each Company and its Subsidiaries that is Material in amount as of April 19, 2022 the Date of Closing (other than the Indebtedness specifically permitted under Section 10.8(l) and Section 10.8(m)) after giving effect to the refinancing contemplated in Section 5.14 (including descriptions of the obligors and obligees, principal amounts outstanding, any collateral therefor and any Guaranty Guaranties thereof), since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent such Company or its Subsidiaries. None of the Parent, the Neither any Company nor any of their Subsidiaries 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 Parent, the such Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Parent, 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,.

Appears in 1 contract

Samples: Primo Water Corp

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all individual items of outstanding Indebtedness of the Parent, the Company and its Subsidiaries that exceeds $40,000,000 (or in the case of Contingent Obligations, such Contingent Obligations guaranteeing or otherwise in respect of obligations that exceed $40,000,000 described in the definition of “Indebtedness”) as of April 19March 31, 2022 2021 (including descriptions of the obligors and obligees, principal amounts outstanding, any collateral therefor and any Guaranty thereof), since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent Company or its Subsidiaries. None of the Parent, Neither the Company nor any of their Subsidiaries 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 Parent, the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Parent, the Company or any Subsidiary the outstanding principal amount of which exceeds $40,000,000 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,.

Appears in 1 contract

Samples: Public Service Co of New Mexico

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Material Indebtedness of the Parent, the Company and its Subsidiaries (provided that the aggregate amount of all Indebtedness not listed on Schedule 5.15 does not exceed $150,000,000) as of April 19February 1, 2022 2024 (including descriptions of the obligors and obligees, principal amounts outstanding, any collateral therefor and any Guaranty Guarantee thereof), since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Material Indebtedness of the Parent Company or its Subsidiaries. None As of the ParentFebruary 1, 2024, neither the Company nor any of their Subsidiaries Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Material Indebtedness of the Parent, the Company or such Subsidiary and and, to the knowledge of the Company, no event or condition exists with respect to any Material Indebtedness of the Parent, 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 Material Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment,. AG Twin Brook Capital Income Fund Master Note Purchase Agreement

Appears in 1 contract

Samples: AG Twin Brook Capital Income Fund

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company and its Subsidiaries (excluding (1) Indebtedness owing by any Subsidiary to another Subsidiary or to the Company and (2) for the avoidance of doubt, any operating lease obligations) as of April 19June 13, 2022 2016 (including descriptions of the obligors and obligees, principal amounts outstanding, any collateral therefor and any Guaranty Obligations thereof) the outstanding principal amount of which exceeds $1,500,000 (or its equivalent in other currencies), since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent Company or its Subsidiaries. None The aggregate amount of all outstanding Indebtedness of the Parent, Company and its Subsidiaries not set forth on Schedule 5.15 does not exceed $15,000,000 (or its equivalent in other currencies). Neither the Company nor any of their Subsidiaries 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 Parent, the Company or such Subsidiary the outstanding principal amount of which exceeds $10,000,000 and no event or condition exists with respect to any Indebtedness of the Parent, 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,.

Appears in 1 contract

Samples: Note Purchase Agreement (Idex Corp /De/)

Existing Indebtedness; Future Liens. (a) Except as described thereinThe Company’s Form 10-K for the fiscal year ended December 31, Schedule 5.15 2020 sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company and its Subsidiaries as of April 19December 31, 2022 (including descriptions of the obligors and obligees, principal amounts outstanding, any collateral therefor and any Guaranty thereof)2020 prepared in accordance with GAAP, since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent or Company and its SubsidiariesSubsidiaries (excluding commercial paper). None of the Parent, Neither the Company nor any of their Subsidiaries 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 Parent, the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Parent, 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,.

Appears in 1 contract

Samples: Purchase Agreement (Delmarva Power & Light Co /De/)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the ParentIssuer, the Company General Partner and its their Subsidiaries as of April 19September 30, 2022 2017 (including descriptions of the obligors and obligees, principal amounts outstanding, any collateral therefor and any Guaranty Guarantee Obligations in respect thereof), since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent or its Issuer, the General Partner and their Subsidiaries. None of the ParentIssuer, the Company nor General Partner or any of their 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 ParentIssuer, the Company General Partner or such Subsidiary any of their Subsidiaries and no event or condition exists with respect to any Indebtedness of the ParentIssuer, the Company General Partner or any Subsidiary of their 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,.

Appears in 1 contract

Samples: Note and Guaranty Agreement (First Industrial Lp)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the ParentCompany, the Company Trust and its Subsidiaries which forms part of Consolidated Total Debt as of April 19May 26, 2022 2008 (including descriptions a description of the obligors and obligees, principal amounts outstandingamount outstanding and collateral therefor, any collateral therefor if any, and any Guaranty Guarantee thereof, if any), since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the such Indebtedness of the Parent Company, the Trust or its Subsidiaries. None of the ParentCompany, the Company nor Trust or any of their Subsidiaries 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 ParentCompany, the Company Trust or such Subsidiary which forms part of Consolidated Total Debt and no event or condition exists with respect to any such Indebtedness of the ParentCompany, the Company Trust 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,.

Appears in 1 contract

Samples: Note Purchase Agreement (Obsidian Energy Ltd.)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company Issuer and its Subsidiaries as of April 19February 28, 2022 2019 (including descriptions of the obligors and obligeesobligees (or any agent, trustee or other entity acting in a similar capacity, principal amounts outstanding, any collateral therefor whether or not secured and any Guaranty Guaranties thereof), since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent Issuer or its Subsidiaries, which change could reasonably be expected to have a Material Adverse Effect. None of Neither the Parent, the Company Issuer nor any of their Subsidiaries Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Recourse Indebtedness of the Parent, the Company Issuer or such Subsidiary and no event or condition exists with respect to any Recourse Indebtedness of the Parent, the Company Issuer 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 Recourse Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment,.

Appears in 1 contract

Samples: Note Purchase Agreement (Retail Properties of America, Inc.)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company and its Subsidiaries as of April 19November 3, 2022 2021 (including descriptions of the obligors and obligees, principal amounts outstanding, any collateral therefor and any Guaranty Guarantee thereof), since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent Company or its Subsidiaries. None , other than, as of the ParentSecond Closing Date, additional Indebtedness permitted pursuant to this Agreement. As of November 3, 2021, neither the Company nor any of their Subsidiaries 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 Parent, the Company or such Subsidiary and to the knowledge of the Company no event or condition exists with respect to any Indebtedness of the Parent, 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,.

Appears in 1 contract

Samples: Note Purchase Agreement (Silver Point Specialty Lending Fund)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company and its Subsidiaries as Stepan Company Amended and Restated Note Agreement of April 19June 30, 2022 (including descriptions of the obligors and obligees, principal amounts outstanding, any collateral therefor and any Guaranty thereof)2002, since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the such Indebtedness of the Parent Company or its Subsidiaries. None of the Parent, Neither the Company nor any of their Subsidiaries Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness for borrowed money or Capitalized Leases of the Parent, the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Parent, 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,.

Appears in 1 contract

Samples: Stepan Co

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness (other than (i) intercompany Indebtedness and (ii) Indebtedness with an aggregate principal amount of the Parent, less than $5,000,000) of the Company and its Subsidiaries as of April 191, 2022 2019 (including descriptions of the obligors and obligees (or the agent, trustee or other entity acting in a similar capacity on behalf of the obligees), principal amounts outstanding, any collateral therefor and any Guaranty thereof), since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent Company or its Subsidiaries. None of the Parent, Neither the Company nor any of their Subsidiaries 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 Parent, the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Parent, 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,.

Appears in 1 contract

Samples: Note Purchase Agreement (Toro Co)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company Issuer and its Subsidiaries as of April 1930, 2022 2014 (including descriptions of the obligors and obligeesobligees (or any agent, trustee or other entity acting in a similar capacity, principal amounts outstanding, any collateral therefor whether or not secured and any Guaranty Guaranties thereof), since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent Issuer or its Subsidiaries, which change could reasonably be expected to have a Material Adverse Effect. None of Neither the Parent, the Company Issuer nor any of their Subsidiaries Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Recourse Indebtedness of the Parent, the Company Issuer or such Subsidiary and no event or condition exists with respect to any Recourse Indebtedness of the Parent, the Company Issuer 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 Recourse Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment,.

Appears in 1 contract

Samples: Note Purchase Agreement (Retail Properties of America, Inc.)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company and its Restricted Subsidiaries as of April 19March 31, 2022 (including descriptions of the obligors and obligees, principal amounts outstanding, any collateral therefor and any Guaranty thereof)2008, since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent Company or its Restricted Subsidiaries. None of the Parent, Neither the Company nor any of their Subsidiaries Restricted 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 Parent, the Company or such any Restricted Subsidiary and no event or condition exists with respect to any Indebtedness of the Parent, the Company or any 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 Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment,.

Appears in 1 contract

Samples: Note Purhase Agreement (Tetra Technologies Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness for Borrowed Money of the Parent, the Company and its Subsidiaries as of April 19June 30, 2022 2012 (including descriptions a description of the obligors and obligees, principal amounts outstandingamount outstanding and collateral therefor, any collateral therefor if any, and any Guaranty Guaranties thereof, if any), since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness for Borrowed Money of the Parent Company or any of its Subsidiaries. None Subsidiaries except as otherwise set forth in Section 1.4 of the Parent, Memorandum. Neither the Company nor any of their Subsidiaries Subsidiary is in default default, and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness for Borrowed Money of the Parent, the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness for Borrowed Money of the Parent, 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 for Borrowed Money to become due and payable before its stated maturity or before its regularly scheduled dates of payment,.

Appears in 1 contract

Samples: Note Purchase Agreement (LTC Properties Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 (as may be updated by the Company for each Closing pursuant to any Supplement executed and delivered in connection with such Closing) sets forth a complete and correct list of all outstanding Material Indebtedness of the Parent, the Company and its Subsidiaries (provided that the aggregate amount of all Indebtedness for borrowed money not listed on Schedule 5.15 does not exceed $500,000,000) as of April 19October 11, 2022 (including descriptions of the obligors and obligees, principal amounts outstanding, any collateral therefor and any Guaranty thereof)2022, since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Material Indebtedness of the Parent Company or its Subsidiaries. None As of the ParentOctober 11, 2022, neither the Company nor any of their Subsidiaries 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 Parent, the Company or such Subsidiary and and, to the knowledge of the Company, no event or condition exists with respect to any Material Indebtedness of the Parent, 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 Material Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment,. BLACKSTONE PRIVATE CREDIT FUND NOTE PURCHASE AGREEMENT

Appears in 1 contract

Samples: Agreement (Blackstone Private Credit Fund)

Existing Indebtedness; Future Liens. (a) Except as described thereinThe Company’s Form 10-K for the fiscal year ended December 31, Schedule 5.15 2019 sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company and its Subsidiaries as of April 19December 31, 2022 (including descriptions of the obligors and obligees, principal amounts outstanding, any collateral therefor and any Guaranty thereof)2019 prepared in accordance with GAAP, since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent or Company and its SubsidiariesSubsidiaries (excluding commercial paper). None of the Parent, Neither the Company nor any of their Subsidiaries 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 Parent, the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Parent, 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,.

Appears in 1 contract

Samples: Purchase Agreement (Potomac Electric Power Co)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the ParentCompany, the Company Trust and its Subsidiaries which forms part of Consolidated Total Debt as of April 19March 11, 2022 2010 (including descriptions a description of the obligors and obligees, principal amounts outstandingamount outstanding and collateral therefor, any collateral therefor if any, and any Guaranty Guarantee thereof, if any), since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the such Indebtedness of the Parent Company, the Trust or its Subsidiaries. None of the ParentCompany, the Company nor Trust or any of their Subsidiaries 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 ParentCompany, the Company Trust or such Subsidiary which forms part of Consolidated Total Debt and no event or condition exists with respect to any such Indebtedness of the ParentCompany, the Company Trust 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,.

Appears in 1 contract

Samples: Note Purchase Agreement (Obsidian Energy Ltd.)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company and its Restricted Subsidiaries as of April 19August 31, 2022 (including descriptions of the obligors and obligees, principal amounts outstanding, any collateral therefor and any Guaranty thereof)2004, since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent Company or its Restricted Subsidiaries. None of the Parent, Neither the Company nor any of their Subsidiaries Restricted 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 Parent, the Company or such any Restricted Subsidiary and no event or condition exists with respect to any Indebtedness of the Parent, the Company or any 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 Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment,.

Appears in 1 contract

Samples: Master Note Purchase Agreement (Tetra Technologies Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 to this First Supplement (as such schedule may be updated by the Company for each Closing pursuant to any supplement (including, if applicable, any Supplement) executed and delivered in connection with such Closing) sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company and its Subsidiaries as of April 19December 1, 2022 (including descriptions of the obligors and obligees, principal amounts outstanding, any collateral therefor and any Guaranty thereof)2023, since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent Company or its Subsidiaries (provided that the aggregate amount of all Indebtedness not listed on Schedule 5.15 to this First Supplement does not exceed $125,000,000) as of December 1, 2023, since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Material Indebtedness of the Company or its Subsidiaries. None As of the ParentDecember 1, 2023, neither the Company nor any of their Subsidiaries 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 Parent, the Company or such Subsidiary and and, to the knowledge of the Company, no event or condition exists with respect to any Indebtedness of the Parent, 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,.

Appears in 1 contract

Samples: Purchase Agreement (North Haven Private Income Fund LLC)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 (as may be updated by the Company for each Closing pursuant to any Supplement executed and delivered in connection with such Closing) sets forth a complete and correct list of all outstanding Material Indebtedness of the Parent, the Company and its Subsidiaries (provided that the aggregate amount of all Indebtedness not listed on Schedule 5.15 does not exceed $500,000,000) as of April 1913, 2022 (including descriptions of the obligors and obligees, principal amounts outstanding, any collateral therefor and any Guaranty thereof)2022, since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Material Indebtedness of the Parent Company or its Subsidiaries. None As of the ParentApril 13, 2022, neither the Company nor any of their Subsidiaries 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 Parent, the Company or such Subsidiary and and, to the knowledge of the Company, no event or condition exists with respect to any Material Indebtedness of the Parent, 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 Material Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment,.

Appears in 1 contract

Samples: Master Note Purchase Agreement (Blackstone Private Credit Fund)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Parent, the Company Issuer and its the Subsidiaries as of April 19December 31, 2022 2019 (including descriptions of the obligors and obligees (or the agent, trustee or other entity acting in a similar capacity on behalf of the obligees), principal amounts outstanding, any collateral therefor and any Guaranty Guaranties thereof), since which date there has been no Material change in the amounts (other than changes in line of credit balances arising in the ordinary course of business of the Company)amounts, interest rates (other than with respect to variable interest rates and changes in the underlying index rates), sinking funds, installment payments or maturities of the Indebtedness of the Parent Parent, the Issuer or its the Subsidiaries. None of the Parent, the Company nor Issuer or any of their Subsidiaries 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 Parent, the Company Issuer or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Parent, the Company Issuer 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,.

Appears in 1 contract

Samples: Note Purchase Agreement (CoreSite Realty Corp)

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