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. 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 Revolver 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 Borrower stating that, after giving effect to the transactions described in this subsection 4.1L, the Indebtedness of Loan Parties (other than Indebtedness under the Loan Documents) shall consist of approximately $216,692,007 in aggregate principal amount of outstanding Indebtedness described in Part I of 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 Officers' Certificate of Company stating that, after giving effect to the transactions described in this subsection 4.1E, the Indebtedness of Loan Parties and the Plessey Entities (other than Indebtedness under the Loan Documents) shall consist of (a) approximately (pound)35,000,000 in aggregate principal amount of outstanding Indebtedness described in Part I of Schedule 7.1 annexed hereto and (b) Indebtedness in an aggregate amount not to exceed $60,000,000 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 satisfactory to Administrative Agent, Syndication Agent and Requisite Lenders.
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. Agent shall have received an Officers' Certificate of Company stating that, after giving effect to the transactions described in this subsection 4.1F, the Indebtedness of Loan Parties (other than Indebtedness under the Loan Documents and the Senior Subordinated Notes) shall consist of (a) approximately $6,300,000 in aggregate principal amount of Existing Company IRB's, (b) approximately $11,900,000 in aggregate principal amount of Existing Smitty's Sinking Fund Bonds, (c) the Specified Mortgage Notes and approximately $3,900,000 in aggregate principal amount of other mortgage notes and other Indebtedness and (d) Indebtedness in an aggregate amount not to exceed $31,600,000 in respect of Capital Leases. Company shall be in compliance with its obligations under the Existing Company IRB Indentures, the Existing Smitty's Sinking Fund Bond Indenture, such mortgage notes and other Indebtedness and Capital Leases and Company shall have delivered to Agent a fully executed or conformed copy of each of the Existing Company IRB Indenture, the Existing Smitty's Sinking Fund Indenture and the agreements or documents 101 109 setting forth the terms and conditions of the Specified Mortgage Notes and other Indebtedness. The terms and conditions of all such Indebtedness shall be in form and in substance satisfactory to Arrangers.
Existing Indebtedness to Remain Outstanding. Administrative Agent shall have received an Officers' Certificate of Company stating that, as of the Closing Date, the Indebtedness of Loan Parties (other than Indebtedness under the Loan Documents and the Senior Subordinated Notes) shall consist of (a) approximately $6,100,000 in aggregate principal amount of Existing Company IRB's, (b) approximately $11,700,000 in aggregate principal amount of Smitty's Sinking Fund Bonds, (c) approximately $2,700,000 in aggregate principal amount of other Indebtedness and (d) Indebtedness in an aggregate amount not to exceed $41,000,000 in respect of Capital Leases. Company shall be in compliance with its obligations under the Existing Company IRB Indentures, the Smitty's Sinking Fund Bond Indenture, such other Indebtedness and Capital Leases and Company shall have delivered to Administrative Agent a fully executed or conformed copy of each of the Existing Company IRB Indenture, the Smitty's Sinking Fund Indenture and other Indebtedness. The terms and conditions of all such Indebtedness shall be in form and in substance satisfactory to Arrangers.
