Common use of Existing Indebtedness; Future Liens Clause in Contracts

Existing Indebtedness; Future Liens. (a) Schedule 3.8 sets forth a complete and correct list of all outstanding Indebtedness of the Company as of the date hereof. Except as set forth on Schedule 3.8, the Company has not defaulted and no waiver of default is currently in effect, in the payment of any principal or interest on any such Indebtedness and no event or condition exists with respect to any such Indebtedness 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. The Company has not received any notice from any Person declaring or threatening to declare any Indebtedness owed by the Company to such Person due and payable prior to the stated maturity of such Indebtedness or before its regularly scheduled dates of payment. (b) The Company has not 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 any Lien (other than Permitted Liens).

Appears in 5 contracts

Samples: 15% Secured Note (Bio Plexus Inc), 15% Secured Note (Bio Plexus Inc), Secured Note (Appaloosa Management Lp)

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Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 3.8 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of ________, since which date there has been no Material change in the date hereof. Except as set forth on Schedule 3.8amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company has not defaulted or its Subsidiaries. As of ___________, neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Indebtedness and Subsidiary and, to the knowledge of the Company, no event or condition exists with respect to any such Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment. The Company has not received any notice from any Person declaring or threatening to declare any Indebtedness owed by the Company to such Person due and payable prior to the stated maturity of such Indebtedness or before its regularly scheduled dates of payment. (b) The Company has not 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 any Lien (other than Permitted Liens).

Appears in 4 contracts

Samples: Master Note Purchase Agreement (North Haven Private Income Fund LLC), Master Note Purchase Agreement (New Mountain Guardian III BDC, L.L.C.), Master Note Purchase Agreement (HPS Corporate Lending Fund)

Existing Indebtedness; Future Liens. (a) Schedule 3.8 2.20(a) sets forth a complete and correct list of all outstanding Indebtedness of the Company as of the date hereof. Except as set forth on Schedule 3.8, the The Company has not defaulted defaulted, and no waiver of default is currently in effect, in the payment of any principal or interest on any such Indebtedness and no event or condition exists with respect to any such Indebtedness 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. The Company has not received any notice from any Person declaring or threatening to declare any Indebtedness owed by the Company to such Person due and payable prior to the stated maturity of such Indebtedness or before its regularly scheduled dates of payment. (b) The Except as set forth on Schedule 2.20(b), the Company has not 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 any Lien (other than Permitted Liens).

Appears in 2 contracts

Samples: Convertible Note Purchase Agreement (Bio Plexus Inc), Convertible Note Purchase Agreement (Appaloosa Management Lp)

Existing Indebtedness; Future Liens. (a) Schedule 3.8 5.14(a) sets forth a complete and correct list of all outstanding Indebtedness of the Company as of the date hereofJuly 31, 2007. Except as set forth on Schedule 3.8, the The Company has is not defaulted in default and no waiver of default is currently in effect, effect in the payment of any principal or interest on any such Indebtedness of the Company and no event or condition exists with respect to any such Indebtedness of the 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. The Company has not received any notice from any Person declaring or threatening to declare any Indebtedness owed by the Company to such Person due and payable prior to the stated maturity of such Indebtedness or before its regularly scheduled dates of payment. (b) The Except as disclosed in Schedule 5.14(b), the Company has not 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 any a Lien not permitted by the Amended Indenture. (other than Permitted Liensc) Except pursuant to supplemental indentures listed on Schedule 5.14(c), the Indenture has not been amended, supplemented or otherwise modified.

Appears in 1 contract

Samples: Bond Purchase Agreement (Westar Energy Inc /Ks)

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Existing Indebtedness; Future Liens. (a) Schedule 3.8 5.15(a) sets forth a complete and correct list of all outstanding Indebtedness of the Company as of the date hereofMarch 31, 2008. Except as set forth on Schedule 3.8, the The Company has is not defaulted in default and no waiver of default is currently in effect, effect in the payment of any principal or interest on any such Indebtedness of the Company and no event or condition exists with respect to any such Indebtedness of the Company 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. The Company has not received any notice from any Person declaring or threatening to declare any Indebtedness owed by the Company to such Person due and payable prior to the stated maturity of such Indebtedness or before its regularly scheduled dates of payment. (b) The Except as disclosed in Schedule 5.15(b), the Company has not 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 any a Lien not permitted by the Amended Indenture. (other than Permitted Liensc) Except pursuant to supplemental indentures listed on Schedule 5.15(c), the Indenture has not been amended, supplemented or otherwise modified.

Appears in 1 contract

Samples: Bond Purchase Agreement (Westar Energy Inc /Ks)

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