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

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Except as permitted by the Loan Documents, Borrower (i) has no outstanding Indebtedness other than Permitted 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 other than in connection with a Permitted Lien, 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 connection with its outstanding Indebtedness and the items permitted by the Loan Documents 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.

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Except as permitted by the Loan Documents, Borrower (i) has no outstanding Indebtedness other than Permitted 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 other than in connection with a Permitted Lien, 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 its outstanding Indebtedness and the items permitted by the Loan Documents 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. Xxxxxxxx has not agreed to pay any other Indebtedness in priority to the Obligations.

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Except as permitted by the Loan Documents, Documents Borrower (i) has no outstanding Indebtedness other than Permitted 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 other than in connection with a Permitted Lien, 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 connection with its outstanding Indebtedness and the items permitted by the Loan Documents 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 thereunderthereunder giving the other party the right to accelerate amounts owing, demand payment in full or otherwise take actions adverse to the interests of the Borrower.

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Except as permitted by the Loan Documents, each Borrower (i) has no outstanding Indebtedness other than Permitted 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 other than in connection with a Permitted Lien, 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. Except as set forth on Schedule 5.15, each Borrower has performed all material obligations required to be performed by such Borrower pursuant to or connection with its outstanding Indebtedness and the items permitted by the Loan Documents 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.

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Except for Permitted Indebtedness, as permitted contemplated by the Loan DocumentsDocument or as otherwise set forth on Schedule 5.15, Borrower (i) has no outstanding Indebtedness other than Permitted 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 other than in connection with a Permitted LienPerson, or and (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 connection with its outstanding Indebtedness and the any items permitted by the Loan Documents listed on Schedule 5.15 and there has occurred no breach, default or event of default under any document evidencing any such items with respect to Indebtedness in excess of $100,000 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.

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Except as permitted by the Loan Documents, Borrower (ia) has no outstanding Indebtedness other than Permitted 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 other than in connection with a Permitted LienPerson, 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 PersonPerson other than with respect to a Guarantor or another Borrower as set forth on Schedule 5.15. Borrower has performed all material obligations required to be performed by Borrower pursuant to or connection with its outstanding under any document evidencing such Indebtedness and the items permitted by the Loan Documents 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.

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Except as permitted by the Loan DocumentsDocuments and after giving effect to the repayment of the BofA Indebtedness with the proceeds of the Initial Advance, Borrower (ia) has no outstanding Indebtedness other than Permitted 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 other than in connection with a Permitted LienPerson, 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 PersonPerson other than with respect to a Guarantor or another Borrower as set forth on Schedule 5.15. Borrower has performed all material obligations required to be performed by Borrower pursuant to or connection with its outstanding under any document evidencing such Indebtedness and the items permitted by the Loan Documents 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.

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Except as permitted by the Loan Documents, each Borrower (i) has no outstanding Indebtedness other than Permitted 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 other than in connection with a Permitted Lien, 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 such Borrower pursuant to or connection with its outstanding Indebtedness and the items permitted by the Loan Documents 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.

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Except as permitted by the Loan Documents, Borrower (i) has no outstanding Indebtedness other than Permitted 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 other than in connection with a Permitted Lien, 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 its outstanding Indebtedness and the items permitted by the Loan Documents 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. Borrower has not agreed to pay any other Indebtedness in priority to the Obligations.

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Except as permitted contemplated by the Loan DocumentsDocuments or as otherwise set forth on Schedule 5.15, Borrower (i) has no outstanding Indebtedness other than Permitted Indebtednessfor borrowed money or that consists of Capital Leases, (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 other than in connection with a Permitted LienPerson, 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 its outstanding Indebtedness and the any items permitted by the Loan Documents 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.