Existing Indebtedness; Liens Sample Clauses
The 'Existing Indebtedness; Liens' clause defines the borrower's obligations regarding any debts and liens that existed prior to entering into the current agreement. It typically requires the borrower to disclose all outstanding loans and security interests, and may restrict the borrower from incurring additional debt or granting new liens without the lender's consent. This clause helps the lender assess and control the borrower's financial risk, ensuring that the lender's interests are protected against competing claims on the borrower's assets.
Existing Indebtedness; Liens. Schedule 6.1.(g) is, as of the Agreement Date, a complete and correct listing of all Indebtedness (including all Guarantees) in respect of borrowed money of each of the Borrower, the other Loan Parties and the other Subsidiaries. As of the Agreement Date, no event of default, (after giving effect to notice, grace and cure periods) exists with respect to any such Indebtedness.
Existing Indebtedness; Liens. (a) Schedule 7.24 sets forth a complete and correct list of all outstanding Indebtedness of the Borrowers, the Guarantors and their respective Subsidiaries as of Restatement Date (including a description of the obligors and obligees, principal amount outstanding and collateral therefor, if any and Guaranty thereof, if any). Neither of the Borrowers nor any Guarantor or 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 Borrowers or such Guarantor or Subsidiary, and no event or condition exists with respect to any Indebtedness of the Borrowers, the Guarantors or any 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.
(b) Except as disclosed in Schedule 7.24, neither of the Borrowers nor any Guarantor or 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 §9.2.
(c) Neither any Borrower nor any Guarantor or Subsidiary is a party to, or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of such Person, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Borrowers, any Guarantor or any Subsidiary, except as expressly provided in §9.10.
Existing Indebtedness; Liens. The Borrower (a) does not have outstanding any Indebtedness other than Permitted Indebtedness and (b) has not agreed or consented to cause or permitted any of its property, whether now owned or hereafter acquired, to be subject to a Lien that secures Indebtedness or 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 that secures Indebtedness, in each case other than Permitted Liens.
Existing Indebtedness; Liens. The Company (a) does not have outstanding any Indebtedness other than (i) Permitted Indebtedness and (ii) Existing Indebtedness which will be repaid at Closing as provided in Section 4.13 and (b) has not agreed or consented to cause or permitted any of its property, whether now owned or hereafter acquired, to be subject to a Lien that secures Indebtedness or 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 that secures Indebtedness, in each case other than Permitted Liens.
Existing Indebtedness; Liens. The Agent shall have received evidence that all principal, interest, and other amounts owing in respect of all Existing Indebtedness of the Credit Parties (other than Indebtedness permitted to remain outstanding in accordance with Section 8.1 hereof) will be repaid in full as of the Closing Date, and that with respect to all Indebtedness permitted to remain outstanding in accordance with Section 8.1 hereof, any defaults or events of default existing as of the Closing Date with respect to such Indebtedness will be cured or waived immediately following the funding of the initial Loans. The Agent shall have received evidence that as of the Closing Date, the Property of the Credit Parties is not subject to any Liens (other than Liens permitted to remain outstanding in accordance with Section 8.2 hereof).
Existing Indebtedness; Liens. The Company (a) does not have outstanding any Indebtedness other than Permitted Indebtedness and Indebtedness under the Existing Financing Agreement with respect to which there is no “Event of Default” (as defined therein) and which will be repaid at Closing as provided in Section 4.13 and (b) has not agreed or consented to cause or permitted any of its property, whether now owned or hereafter acquired, to be subject to a Lien that secures Indebtedness or 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 that secures Indebtedness, other than Permitted Liens. The Guarantor (i) has no outstanding Indebtedness and (ii) has not agreed or consented to cause or permitted any of its property, whether now owned or hereafter acquired, to be subject to a Lien that secures Indebtedness or 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 that secures Indebtedness other than the Notes.
Existing Indebtedness; Liens. (a) Existing Indebtedness. As of the Effective Date, Schedule 4.18 sets forth a complete and correct list of all outstanding Indebtedness of Parent Borrower and its Subsidiaries. As of the Effective Date, neither Parent Borrower nor any of its Subsidiaries is in default, and as of such date no waiver of default is in effect, in the payment of any principal or interest on any Indebtedness of Parent Borrower or such Subsidiary and no event or condition exists with respect to any Indebtedness of Parent Borrower or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit and without giving effect to any waiver) 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.
Existing Indebtedness; Liens. The indebtedness owed by one or more of the Borrowers to PNC under that certain letter agreement dated March 16, 1999, among PNC and certain of the Borrowers, shall have been repaid in full or arrangements satisfactory to the Agent shall exist for the repayment thereof from the proceeds of the initial Loans hereunder. All Liens with respect to property of the Borrowers relating to such indebtedness and all credit support therefor shall have been released and satisfactory evidence of the foregoing shall have been delivered to the Agent.
Existing Indebtedness; Liens. Substantially simultaneously with the Closing Date, (i) all funded Indebtedness of the Loan Parties and their respective Subsidiaries (including, for the avoidance of doubt, the Existing Riverstone Debt and excluding, for the avoidance of doubt, any Indebtedness existing as of the Closing Date and set forth on Schedule 9.02) shall have been repaid, redeemed, cancelled or otherwise satisfied in full and (ii) all Liens securing any such Indebtedness shall have been released or terminated pursuant to documentation in form and substance satisfactory to the Administrative Agent, subject only to the filing or recording of applicable terminations, releases or assignments.
Existing Indebtedness; Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of the date of the Clos- ing, since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsid- iaries. Neither the Company nor any of its 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 Company or such Subsidiary and no event or condition exists with respect to any 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.
(b) Neither the Company nor any Subsidiary has agreed or consented to any of its property, whether now owned or hereaf- ter acquired, to be subject to a Lien other than Permitted Liens.
