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

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Borrower (a) has no outstanding Indebtedness other than Permitted Indebtedness, (b) except as set forth on Schedule 5.15, 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, (c) does not own or hold any equity or long-term debt investments in, or have any outstanding advances to or any outstanding guarantees for, the obligations of, or any outstanding borrowings from, any other Person, (d) directly or indirectly, has not made, and there does not exist, any loans, advances or guarantees to or for the benefit of any Person or agreements to assume, guarantee, endorse, contingently agree to purchase or otherwise become liable for or upon or incur any obligation of any Person, and/or (e) is not obligated to any surety, guarantor, or indemnitor under any surety or similar bond or under any contract, indemnity or agreement to assure payment, performance or completion of performance of any undertaking or obligation of Borrower or any other Person. Borrower has performed all material obligations required to be performed by it pursuant to or in connection with any items listed on Schedule 7.2 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 material breach, default or event of default thereunder.

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Borrower (a) has no outstanding Indebtedness other than Permitted Indebtedness, (b) except Except as contemplated by the Loan Documents or as otherwise set forth on Schedule 5.15, no Borrower (a) has outstanding Indebtedness (other than Permitted Indebtedness), (b) 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, and/r (c) does not own owns or hold holds any equity or long-term debt investments in, or have has any outstanding advances to or any outstanding guarantees for, the obligations of, or any outstanding borrowings from, any other Person, (d) directly or indirectly, has not made, and there does not exist, any loans, advances or guarantees to or for the benefit of any Person or agreements to assume, guarantee, endorse, contingently agree to purchase or otherwise become liable for or upon or incur any obligation of any Person, and/or (e) is not obligated to any surety, guarantor, or indemnitor under any surety or similar bond or under any contract, indemnity or agreement to assure payment, performance or completion of performance of any undertaking or obligation of Borrower or any other Person. Each Borrower has performed all material obligations required to be performed by it Borrower pursuant to or in connection with any items listed on Schedule 7.2 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 material breach, default or event of default thereunder. Except for Permitted Indebtedness, Borrower, directly or indirectly, has not made, and there does not exist, any loans, advances or guarantees to or for the benefit of any Person or agreements to assume, guarantee, endorse, contingently agree to purchase or otherwise become liable for or upon or incur any obligation of any Person.

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Borrower Except for Permitted Indebtedness or as otherwise expressly permitted under this Agreement, no Credit Party (a) has no outstanding Indebtedness other than Permitted Indebtedness, (b) except as set forth on Schedule 5.15, 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, and/or (c) does not own owns or hold holds any equity or long-term debt investments in, or have nor has any outstanding advances to or any outstanding guarantees for, the obligations of, or any outstanding borrowings from, any other Person. Each Credit Party has performed all material obligations required to be performed by such Credit Party pursuant to or in connection with any Permitted Indebtedness and there has occurred no breach, (d) 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. Except for Permitted Indebtedness and actions permitted under Section 7.4, no Credit Party, directly or indirectly, has not made, and there does not exist, any loans, advances or guarantees to or for the benefit of any Person or agreements to assume, guarantee, endorse, contingently agree to purchase or otherwise become liable for or upon or incur any obligation of any Person, and/or (e) is not obligated to any surety, guarantor, or indemnitor under any surety or similar bond or under any contract, indemnity or agreement to assure payment, performance or completion of performance of any undertaking or obligation of Borrower or any other Person. Borrower has performed all material obligations required to be performed by it pursuant to or in connection with any items listed on Schedule 7.2 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 material breach, default or event of default thereunder.

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Except as contemplated by the Loan Documents or as otherwise set forth on Schedule 5.15, Borrower (a) has no outstanding Indebtedness other than Permitted Indebtedness, (b) except as set forth on Schedule 5.15, 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 (c) does not own or hold any equity or long-term debt investments in, or and does not have any outstanding advances to or any outstanding guarantees for, the obligations of, or any outstanding borrowings from, any other Person, (d) directly or indirectly, has not made, and there does not exist, any loans, advances or guarantees to or for the benefit of any Person or agreements to assume, guarantee, endorse, contingently agree to purchase or otherwise become liable for or upon or incur any obligation of any Person, and/or (e) is not obligated to any surety, guarantor, or indemnitor under any surety or similar bond or under any contract, indemnity or agreement to assure payment, performance or completion of performance of any undertaking or obligation of Borrower or any other Person. Borrower has performed all material obligations required to be performed by it Borrower pursuant to or in connection with any items listed on Schedule 7.2 5.15 and there has occurred no breach, default or event of default of a material obligation 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 material breach, default or event of default thereunder. Except as set forth on Schedule 5.15, Borrower, directly or indirectly, has not made, and there does not exist, any loans, advances or guarantees to or for the benefit of any Person or assume, guarantee, endorse, contingently agree to purchase or otherwise become liable for or upon or incur any obligation of any Person.

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Borrower Except as permitted by the Loan Documents, Borrowers (ai) has have no outstanding Indebtedness other than (a) Permitted Indebtedness, and (b) except as set forth the Indebtedness under the Existing Amegy Loan Agreement and the Existing SBA Loan Agreement which will be paid in full on Schedule 5.15or before the Closing Date, is (ii) are not subject or party to any mortgage, note, indenture, indemnity or guarantee of, with respect to or evidencing any Indebtedness of any other PersonPerson other than in connection with a Permitted Lien, or (ciii) does except for Permitted Indebtedness and Permitted Investments, do not own or hold any equity Equity Interests or long-term debt investments in, or and do not have any outstanding advances to or any outstanding guarantees for, for the obligations of, or any outstanding borrowings from, any other Person, (d) directly or indirectly, has not made, and there does not exist, any loans, advances or guarantees to or for the benefit of any Person or agreements to assume, guarantee, endorse, contingently agree to purchase or otherwise become liable for or upon or incur any obligation of any Person, and/or (e) is not obligated to any surety, guarantor, or indemnitor under any surety or similar bond or under any contract, indemnity or agreement to assure payment, performance or completion of performance of any undertaking or obligation of Borrower or any other Person. Borrower has Borrowers have performed all material obligations required to be performed by it Borrowers pursuant to or in connection with any their outstanding Indebtedness and the items listed on Schedule 7.2 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 material breach, default or event of default thereunder. Borrowers have not agreed to pay any other Indebtedness in priority to the Obligations.