Common use of Financial Debt Clause in Contracts

Financial Debt. (a) The Borrower shall not incur, assume or permit to exist any Financial Debt except: (1) prior to the Existing Loans Repayment Date, the Existing Loans; (2) the Senior Loans; (3) any Working Capital Facilities (but only in an aggregate available amount not to exceed $20,000,000) (or the equivalent thereof in other currencies at then current rates of exchange); (4) subject to compliance with Section 3.09(f) and Section 5.07(h), Permitted High Yield Back to Back Debt; (5) Financial Debt incurred under guarantees of loans of employees of the Borrower, which guarantees are issued pursuant to and in accordance with an employee loan guarantee plan, which plan (i) shall not permit the aggregate obligations of the Borrower under guarantees issued pursuant to such plan to exceed $2,000,000 and (ii) the incurrence of such Financial Debt shall otherwise be on terms satisfactory to NIB, acting reasonably; (6) any interest rate or currency hedging or similar derivative transaction permitted under Section 6.04; (7) any indebtedness in connection with a conditional sales contract, hire purchase agreement or other instrument pursuant to which financing of the purchase price of equipment or another tangible asset is provided by a supplier to the Borrower, provided that such financing has a maturity of no longer than 180 days; and (8) any indebtedness to the Government of Romania or any governmental authority, arising in connection with deferred payment arrangements in respect of the acquisition of the UMTS License. (b) The Borrower shall not enter into any agreement or arrangement to guarantee or, in any way or under any condition, to become obligated for all or any part of any financial or other obligation of another person, except in the ordinary course of business and only up to an aggregate amount of $2,000,000. (c) The Borrower shall not pay any principal, interest or any other amount in respect of Permitted High Yield Back to Back Debt, other than interest payments permitted pursuant to Section 2.01(b)(iv) of the Share Retention and Subordination Deed provided that: (1) at the time of such payment, no Event of Default or Potential Event of Default has occurred and is continuing, and no Event of Default or Potential Event of Default shall occur immediately following such payment; and (2) at the time of such payment and immediately thereafter the Borrower shall be in full compliance with the covenants set out in Section 5.10(a).

Financial Debt. (a) The Borrower shall not incur, assume or permit to exist any Financial Debt except: (1) prior to the Existing Loans Repayment Date, the Existing Loans; (2) the Senior Loans; (3) any Working Capital Facilities (but only in an aggregate available amount not to exceed $20,000,000) (or the equivalent thereof in other currencies at then current rates of exchange); (4) subject to compliance with Section 3.09(f3.10(f) and Section 5.07(h), Permitted High Yield Back to Back Debt; (5) Financial Debt incurred under guarantees of loans of employees of the Borrower, which guarantees are issued pursuant to and in accordance with an employee loan guarantee plan, which plan (i) shall not permit the aggregate obligations of the Borrower under guarantees issued pursuant to such plan to exceed $2,000,000 and (ii) the incurrence of such Financial Debt shall otherwise be on terms satisfactory to NIBthe Bank, acting reasonably; (6) any interest rate or currency hedging or similar derivative transaction permitted under Section 6.04; (7) any indebtedness in connection with a conditional sales contract, hire purchase agreement or other instrument pursuant to which financing of the purchase price of equipment or another tangible asset is provided by a supplier to the Borrower, provided that such financing has a maturity of no longer than 180 days; and (8) any indebtedness to the Government of Romania or any governmental authority, arising in connection with deferred payment arrangements in respect of the acquisition of the UMTS License. (b) The Borrower shall not enter into any agreement or arrangement to guarantee or, in any way or under any condition, to become obligated for all or any part of any financial or other obligation of another person, except in the ordinary course of business and only up to an aggregate amount of $2,000,000. (c) The Borrower shall not pay any principal, interest or any other amount in respect of Permitted High Yield Back to Back Debt, other than interest payments permitted pursuant to Section 2.01(b)(iv) of the Share Retention and Subordination Deed provided that: (1) at the time of such payment, no Event of Default or Potential Event of Default has occurred and is continuing, and no Event of Default or Potential Event of Default shall occur immediately following such payment; and (2) at the time of such payment and immediately thereafter the Borrower shall be in full compliance with the covenants set out in Section 5.10(a).

Financial Debt. (a) The Borrower shall not incur, assume or permit to exist any Financial Debt except: (1) prior to the Existing Loans Repayment Date, the Existing Loans; (2) the Senior Loans; (3) any Working Capital Facilities (but only in an aggregate available amount not to exceed $20,000,000) (or the equivalent thereof in other currencies at then current rates of exchange); (4) subject to compliance with Section 3.09(f) and Section 5.07(h), Permitted High Yield Back to Back Debt; (5) Financial Debt incurred under guarantees of loans of employees of the Borrower, which guarantees are issued pursuant to and in accordance with an employee loan guarantee plan, which plan (i) shall not permit the aggregate obligations of the Borrower under guarantees issued pursuant to such plan to exceed $2,000,000 and (ii) the incurrence of such Financial Debt shall otherwise be on terms satisfactory to NIBEDC, acting reasonably; (6) any interest rate or currency hedging or similar derivative transaction permitted under Section 6.04; (7) any indebtedness in connection with a conditional sales contract, hire purchase agreement or other instrument pursuant to which financing of the purchase price of equipment or another tangible asset is provided by a supplier to the Borrower, provided that such financing has a maturity of no longer than 180 days; and (8) any indebtedness to the Government of Romania or any governmental authority, authority arising in connection with deferred payment arrangements in respect of the acquisition of the UMTS License. (b) The Borrower shall not enter into any agreement or arrangement to guarantee or, in any way or under any condition, to become obligated for all or any part of any financial or other obligation of another person, except in the ordinary course of business and only up to an aggregate amount of $2,000,000. (c) The Borrower shall not pay any principal, interest or any other amount in respect of Permitted High Yield Back to Back Debt, other than interest payments permitted pursuant to Section 2.01(b)(iv) of the Share Retention and Subordination Deed provided that: (1) at the time of such payment, no Event of Default or Potential Event of Default has occurred and is continuing, and no Event of Default or Potential Event of Default shall occur immediately following such payment; and (2) at the time of such payment and immediately thereafter the Borrower shall be in full compliance with the covenants set out in Section 5.10(a).