Existing Indebtedness to Remain Outstanding. After giving effect to the Approved Plan of Reorganization, the Indebtedness of Domestic Borrowers and Borrowers (other than Indebtedness under the Loan Documents, the Domestic Loan Documents, and the CPIH Term Loan Documents) shall consist of (a) $205,000,000 in aggregate initial principal amount of High Yield Notes, (b) a note issued by Covanta in a principal amount not to exceed $35,000,000 (the "TAX NOTE"), representing the back tax liability of Covanta and its Subsidiaries as of the Closing Date, which Tax Note shall be unsecured and unguarantied, shall have a final maturity date of 6 years from the Closing Date, shall bear interest payable in arrears at a rate no greater than 7.5% per annum, and shall amortize on a 30-year schedule for the first 5 years after the issuance thereof with the balance due at maturity, (c) "Class 6 Unsecured Notes" (as defined in the Approved Plan of Reorganization) in the aggregate principal amount of $4,000,000 and subordinated notes issued by Covanta (the "UNSECURED CREDITOR NOTES") in an aggregate principal amount equal to the amount of "Operating Company Unsecured Claims" that are "Allowed" (as such terms are defined in the Approved Plan of Reorganization), which Unsecured Creditor Notes shall be unsecured and unguarantied, shall have a final maturity date of 8 years from the Closing Date, shall bear interest payable in arrears at a rate no greater than 7.5% per annum, and shall amortize in an amount not to exceed $3,900,000 annually commencing on the second anniversary of the Closing Date with the remainder due at final maturity, (d) outstanding Indebtedness described in Schedule 6.1(v) annexed hereto, and (e) Indebtedness under the CEA Stock Pledge Agreement. The terms and conditions of all such Indebtedness (including payment terms, covenants, representations and warranties, defaults and, in the case of the Unsecured Creditor Notes, payment subordination provisions), and the definitive documentation therefor, shall be in form and in substance satisfactory to Requisite Lenders.
Existing Indebtedness to Remain Outstanding. Administrative Agent shall have received an Officer's Certificate of Company stating that, after giving effect to the transactions described in this subsection 4.1(m), the Indebtedness of Loan Parties (other than Indebtedness under the Loan Documents) shall consist of (A) approximately $__________ in aggregate principal amount of outstanding Indebtedness described in Part I of Schedule 13 annexed hereto and (B) Indebtedness in an aggregate amount not to exceed $_________________ in respect of Capital Leases described in Part II of Schedule 13 annexed hereto. The terms and conditions of all such Indebtedness shall be in form and in substance satisfactory to Administrative Agent.
Existing Indebtedness to Remain Outstanding. Administrative Agent shall have received an Officer’s Certificate of Company stating that, after giving effect to the transactions described in this subsection 4.1N, the Loan Parties shall have no Indebtedness (other than Indebtedness under the Loan Documents and the Related Agreements and other Indebtedness described in Schedule 7.1).
Existing Indebtedness to Remain Outstanding. Administrative Agent shall have received an Officer’s Certificate of Company stating that, after giving effect to the transactions described in this subsection 4.1M, the Indebtedness of Loan Parties (other than Indebtedness under the Loan Documents) shall consist of (a) approximately $100,000,000 in aggregate principal amount of Existing Senior Subordinated Notes, (b) approximately $19,250,000 in aggregate principal amount of Existing Convertible Subordinated Debentures, (c) approximately $3,000,000 in aggregate principal amount of outstanding Indebtedness described in Part I of Schedule 7.1 annexed hereto and (d) Indebtedness in an aggregate amount not to exceed $4,500,000 in respect of Capital Leases described in Part II of Schedule 7.1 annexed hereto. The terms and conditions of all such Indebtedness shall be in form and in substance reasonably satisfactory to Administrative Agent.
Existing Indebtedness to Remain Outstanding. Administrative Agent shall have received an Officer's Certificate of Company stating that, after giving effect to the transactions described in this subsection 4.1M, the Indebtedness of Loan Parties (other than Indebtedness under the Loan Documents) shall consist of (a) approximately (but in no event more than) $200,000,000 in aggregate principal amount of Company's outstanding 9.00% Senior Subordinated Notes due 2009 and (b) Indebtedness in an aggregate amount not to exceed $3,000,000 on Schedule 7.1 annexed hereto. The terms and conditions of all such Indebtedness shall be in form and in substance satisfactory to Administrative Agent.
Existing Indebtedness to Remain Outstanding. Administrative Agent shall have received an Officer's Certificate of Company stating that, (a) after giving effect to the transactions described in this subsection 4.1E, the Indebtedness of Company and its Subsidiaries (other than Indebtedness and unfunded credit facilities under the Loan Documents and the Bridge Notes and the portion of the Existing Senior Subordinated Notes, if any, not tendered pursuant to the Tender Offer) shall consist of approximately $28,100,000 in Capital Lease obligations and Equipment Notes described in SCHEDULE 7.1 annexed hereto, and (b) such Capital Lease obligations and Equipment Notes shall not be subject to optional prepayment.
Existing Indebtedness to Remain Outstanding. Agents shall have received an Officer's Certificate of Borrower stating that, after giving effect to the transactions described in this subsection 4.1E, Borrower and its Subsidiaries do not have any Indebtedness or unfunded credit facilities, other than Indebtedness and unfunded credit facilities under the Loan Documents and the Senior Subordinated Debt Documents and Indebtedness listed on SCHEDULE 7.1.
Existing Indebtedness to Remain Outstanding. The Existing Indebtedness described in Schedule 7.1 annexed hereto shall remain outstanding.
Existing Indebtedness to Remain Outstanding. Administrative Agent shall have received an Officer’s Certificate of Borrower stating that, after giving effect to the transactions contemplated by this Agreement (i) the Loan Parties shall not have outstanding any Indebtedness other than Indebtedness under the Loan Documents, the Senior Subordinated Note Indenture and the Parent Junior Subordinated Note Indenture and other Indebtedness permitted pursuant to subsection 7.1 and (ii) the Loan Parties shall not have outstanding any preferred equity interests other than the Sponsor Preferred Stock.
Existing Indebtedness to Remain Outstanding. Administrative Agent shall have received an Officer’s Certificate of Borrower stating that, after giving effect to the transactions described in this subsection 4.1I, the Indebtedness for Borrowed Money of Loan Parties (other than indebtedness under the Loan Documents) consists of the outstanding indebtedness described on Schedule 7.1 annexed hereto and Indebtedness for Borrowed Money otherwise permitted by Section 7.1.
