Common use of Existing Indebtedness; Investments, Guarantees and Certain Contracts Clause in Contracts

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Except as contemplated by the Loan Documents or as otherwise set forth on Schedule 5.15, Borrower (i) has no outstanding Indebtedness, (ii) is not subject or party to any mortgage, note, indenture, indemnity or guarantee of, with respect to or evidencing any Indebtedness of any other Person, or (iii) does not own or hold any equity or long-term debt investments in, and does not have any outstanding advances to or any outstanding guarantees for the obligations of, or any outstanding borrowings from, any Person. Borrower has performed all material obligations required to be performed by Borrower pursuant to or in connection with any items listed on Schedule 5.15 and there has occurred no breach, default or event of default under any document evidencing any such items or any fact, circumstance, condition or event which, with the giving of notice or passage of time or both, would constitute or result in a breach, default or event of default thereunder.

Appears in 2 contracts

Samples: Credit, Term Loan and Security Agreement (World Health Alternatives Inc), Revolving Credit and Security Agreement (Boston Biomedica Inc)

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Existing Indebtedness; Investments, Guarantees and Certain Contracts. Except as contemplated by the Loan Documents or as otherwise set forth on Schedule 5.155.15A, Borrower (i) has no outstanding Indebtedness, (ii) is not subject or party to any mortgage, note, indenture, indemnity or guarantee of, with respect to or evidencing any Indebtedness of any other Person, or (iii) does not own or hold any equity or long-term debt investments in, and does not have any outstanding advances to or any outstanding guarantees for the obligations of, or any outstanding borrowings from, any Person. Borrower has performed all material obligations required to be performed by Borrower pursuant to or in connection with any items listed on Schedule 5.15 5.15A and there has occurred no breach, default or event of default under any document evidencing any such items or any fact, circumstance, condition or event which, with the giving of notice or passage of time or both, would constitute or result in a breach, default or event of default thereunder. Schedule 1.15B sets forth all Indebtedness with a maturity date during the Term, and identifies such maturity date.

Appears in 2 contracts

Samples: Revolving Credit and Security Agreement (NationsHealth, Inc.), Revolving Credit and Security Agreement (Millstream Acquisition Corp)

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Except as contemplated by the Loan Documents or as otherwise set forth on Schedule 5.15, no Borrower or Guarantor (i) has no outstanding Indebtedness, (ii) is not subject or party to any mortgage, note, indenture, indemnity or guarantee of, with respect to or evidencing any Indebtedness of any other Person, or (iii) does not own owns or hold holds any equity or long-term debt investments in, and does not have any outstanding advances to or any outstanding guarantees for the obligations of, or any outstanding borrowings from, any Person. Each Borrower and Guarantor has performed all material obligations required to be performed by Borrower and Guarantor pursuant to or in connection with any items listed on Schedule 5.15 and there has occurred no breach, default or event of default under any document evidencing any such items or any fact, circumstance, condition or event which, with the giving of notice or passage of time or both, would constitute or result in a breach, default or event of default thereunder.

Appears in 2 contracts

Samples: Credit, Term Loan and Security Agreement (PHC Inc /Ma/), Term Loan and Security Agreement (PHC Inc /Ma/)

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Except as contemplated by the Loan Documents Document or as otherwise set forth on Schedule 5.15, Borrower (i) has no outstanding Indebtedness, (ii) is not subject or party to any mortgage, note, indenture, indemnity or guarantee of, with respect to or evidencing any Indebtedness of any other Person, or (iii) does not own or hold any equity or long-term debt investments in, and does not have any outstanding advances to or any outstanding guarantees for the obligations of, or any outstanding borrowings from, any Person. Borrower has performed all material obligations required to be performed by Borrower pursuant to or in connection with any items listed on Schedule 5.15 and there has occurred no breach, default or event of default under any document evidencing any such items or any fact, circumstance, condition or event which, with the giving of notice or passage of time or both, would constitute or result in a breach, default or event of default thereunder.

Appears in 2 contracts

Samples: Revolving Credit, Term Loan and Security Agreement (Opticare Health Systems Inc), Loan and Security Agreement (Opticare Health Systems Inc)

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Except as contemplated by the Loan Documents or as otherwise set forth on Schedule 5.155.15A, Borrower (i) has no outstanding Indebtedness, (ii) is not subject or party to any mortgage, note, indenture, indemnity or guarantee of, with respect to or evidencing any Indebtedness of any other Person, or (iii) does not own or hold any equity or long-term debt investments in, and does not have any outstanding advances to or any outstanding guarantees for the obligations of, or any outstanding borrowings from, any Person. Borrower has performed all material obligations required to be performed by Borrower pursuant to or in connection with any items listed on Schedule 5.15 5.15A and there has occurred no breach, default or event of default under any document evidencing any such items or any fact, circumstance, condition or event which, with the giving of notice or passage of time or both, would constitute or result in a breach, default or event of default thereunder. Schedule 5.15B sets forth all Indebtedness with a maturity date during the Term of the Loan, and identifies such maturity date.

Appears in 2 contracts

Samples: Credit and Security Agreement (Ventures National Inc), Revolving Credit and Security Agreement (Derma Sciences, Inc.)

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Except as contemplated by the Loan Documents or as otherwise set forth on Schedule 5.15, Borrower (i) has no outstanding Indebtedness, (ii) is not subject or party to any mortgage, note, indenture, indemnity or guarantee of, with respect to or evidencing any Indebtedness of any other Person, or (iii) does not own or hold any equity or long-term debt investments in, and does not have any outstanding advances to or any outstanding guarantees for the obligations of, or any outstanding borrowings from, any Person. Borrower has performed all material obligations required to be performed by Borrower pursuant to or in connection with any items listed on Schedule 5.15 and there has occurred no breach, default or event of default under any document evidencing any such items or any fact, circumstance, condition or event which, with the giving of notice or passage of time or both, would constitute or result in a breach, default or event of default thereunder.

Appears in 2 contracts

Samples: Revolving Credit, Term Loan and Security Agreement (Teltronics Inc), Loan and Security Agreement (Coast Dental Services Inc)

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Except as contemplated by the Loan Documents Document or as otherwise set forth on Schedule 5.15, Borrower (ia) has no outstanding Indebtedness, (iib) is not subject or party to any mortgage, deed of trust, note, indenture, indemnity or guarantee of, with respect to or evidencing any Indebtedness of any other Person, or (iiic) does not own or hold any equity or long-term debt investments in, and does not have any outstanding advances to or any outstanding guarantees for for, the obligations of, or any outstanding borrowings from, any Person. Borrower has performed all material obligations required to be performed by Borrower pursuant to or in connection with any items listed on Schedule 5.15 and there has occurred no breach, default or event of default under any document evidencing any such items or any fact, circumstance, condition or event which, with the giving of notice or passage of time or both, would constitute or result in a breach, default or event of default thereunder.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Texas San Macros Treatment Center Lp)

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Except as contemplated by the Loan Documents or as otherwise set forth on Schedule 5.155.15A, Borrower neither Obligor (i) has no any outstanding Indebtedness, (ii) is not subject or party to any mortgage, note, indenture, indemnity or guarantee of, with respect to or evidencing any Indebtedness of any other Person, or (iii) does not own owns or hold holds any equity or long-term debt investments in, and does not have or has any outstanding advances to or any outstanding guarantees for the obligations of, or any outstanding borrowings from, any Person. Borrower Each Obligor has performed all material obligations required to be performed by Borrower such Obligor pursuant to or in connection with any items listed on Schedule 5.15 5.15A and there has occurred no breach, default or event of default under any document evidencing any such items or any fact, circumstance, condition or event which, with the giving of notice or passage of time or both, would constitute or result in a breach, default or event of default thereunder. Schedule 5.15B sets forth all Indebtedness with a maturity date during the Term of the Loan, and identifies such maturity date.

Appears in 1 contract

Samples: Revolving Credit, Term Loan and Security Agreement (Sunset Brands Inc)

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Existing Indebtedness; Investments, Guarantees and Certain Contracts. Except as contemplated by the Loan Documents or as otherwise set forth on Schedule SCHEDULE 5.15, Borrower (ia) has no outstanding Indebtedness, (iib) is not subject or party to any mortgage, note, indenture, indemnity or guarantee of, with respect to or evidencing any Indebtedness of any other Person, or (iiic) does not own or hold any equity or long-term debt investments in, and does not have any outstanding advances to or any outstanding guarantees for for, the obligations of, or any outstanding borrowings from, any Person. Borrower has performed all material obligations required to be performed by Borrower pursuant to or in connection with any items listed on Schedule SCHEDULE 5.15 and there has occurred no breach, default or event of default under any document evidencing any such items or any fact, circumstance, condition or event which, with the giving of notice or passage of time or both, would constitute or result in a breach, default or event of default thereunder.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Gardenburger Inc)

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Except as contemplated by the Loan Acquisition Documents or as otherwise set forth on Schedule 5.155.15A, Borrower Purchaser (i) has no outstanding Indebtedness, (ii) is not subject or party to any mortgage, note, indenture, indemnity or guarantee of, with respect to or evidencing any Indebtedness of any other Person, or (iii) does not own or hold any equity or long-term debt investments in, and does not have any outstanding advances to or any outstanding guarantees for the obligations of, or any outstanding borrowings from, any Person. Borrower Purchaser has performed all material obligations required to be performed by Borrower Purchaser pursuant to or in connection with any items listed on Schedule 5.15 5.15A and there has occurred no breach, default or event of default under any document evidencing any such items or any fact, circumstance, condition or event which, with the giving of notice or passage of time or both, would constitute or result in a breach, default or event of default thereunder. Schedule 5.15B sets forth all Indebtedness with a maturity date during the term of this Agreement, and identifies such maturity date.

Appears in 1 contract

Samples: Security Agreement (Ibf Vi Guaranteed Income Fund)

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Except as described in the SEC Reports or contemplated by the Loan Documents or as otherwise set forth on Schedule 5.15, Borrower (i) has no outstanding Indebtedness, (ii) is not subject or party to any mortgage, note, indenture, indemnity or guarantee of, with respect to or evidencing any Indebtedness of any other Person, or (iii) does not own or hold any equity or long-term debt investments in, and does not have any outstanding advances to or any outstanding guarantees for the obligations of, or any outstanding borrowings from, any Person. Borrower has performed all material obligations required to be performed by Borrower pursuant to or in connection with any items listed on Schedule 5.15 and there has occurred no breach, default or event of default under any document evidencing any such items or any fact, circumstance, condition or event which, with the giving of notice or passage of time or both, would constitute or result in a breach, default or event of default thereunder.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Women First Healthcare Inc)

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Except as contemplated by the Loan Documents or as otherwise set forth on Schedule 5.155.15A, Borrower (i) has no outstanding Indebtedness, (ii) is not subject or party to any mortgage, note, indenture, indemnity or guarantee of, with respect to or evidencing any Indebtedness of any other Person, or (iii) does not own or hold any equity or long-term debt investments in, and does not have any outstanding advances to or any outstanding guarantees for the obligations of, or any outstanding borrowings from, any Person. Borrower has performed all material obligations required to be performed by Borrower pursuant to or in connection with any items listed on Schedule 5.15 5.15A and there has occurred no breach, default or event of default under any document evidencing any such items or any fact, circumstance, condition or event which, with the giving of notice or passage of time or both, would constitute or result in a breach, default or event of default thereunder. Schedule 1.15B sets forth all Indebtedness with a maturity date during the Term of the Loan, and identifies such maturity date.

Appears in 1 contract

Samples: Credit and Security Agreement (Millstream Acquisition Corp)

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Except as contemplated by the Loan Debenture Documents or as otherwise set forth on Schedule 5.155.15A, Borrower neither Obligor (i) has no any outstanding Indebtedness, (ii) is not subject or party to any mortgage, note, indenture, indemnity or guarantee of, with respect to or evidencing any Indebtedness of any other Person, or (iii) does not own owns or hold holds any equity or long-term debt investments in, and does not have or has any outstanding advances to or any outstanding guarantees for the obligations of, or any outstanding borrowings from, any Person. Borrower Each Obligor has performed all material obligations required to be performed by Borrower such Obligor pursuant to or in connection with any items listed on Schedule 5.15 5.15A and there has occurred no breach, default or event of default under any document evidencing any such items or any fact, circumstance, condition or event which, with the giving of notice or passage of time or both, would constitute or result in a breach, default or event of default thereunder. Schedule 5.15B sets forth all Indebtedness with a maturity date during the term of this Agreement, and identifies such maturity date.

Appears in 1 contract

Samples: Junior Security Agreement (Ibf Vi Guaranteed Income Fund)

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