Financial Indebtedness restrictions. (a) The Borrower shall not incur, create or permit to subsist any Financial Indebtedness.
Financial Indebtedness restrictions. The Issuer shall not, and shall ensure that no other Group Company shall, incur, create or permit to subsist any Financial Indebtedness other than:
Financial Indebtedness restrictions. (a) No Obligor shall, and the Parent shall ensure that no other member of the Group shall, incur, create or permit to subsist any Financial Indebtedness.
Financial Indebtedness restrictions. The Issuer and the Group Companies may, incur, create or permit to subsist any Financial Indebtedness (including guarantees) except the Restricted Financial Indebtedness, provided the Existing Bonds shall be allowed to remain outstanding until settlement of the call notice issued by the Issuer on 1 February 2017.
Financial Indebtedness restrictions. (a) The Borrowers shall not incur, create or permit to subsist any Financial Indebtedness. (b) Paragraph (a) above does not apply to Financial Indebtedness: (i) incurred under the Finance Documents; (ii) incurred under any loans from any Guarantor or any other Borrower, provided that any Guarantor's or, as the case may be, any of the other Borrowers' claims under such loans are subject to an Assignment of Intercompany Loan and fully subordinated to the claims of the Finance Parties under the Finance Documents; or (iii) consented to in writing by the Lenders.
Financial Indebtedness restrictions. The Borrowers shall not enter into new Financial Indebtedness other than:
Financial Indebtedness restrictions a) The Borrower shall not without the prior written consent of the Agent (on behalf of the Majority Lenders) incur or permit to be outstanding any Financial Indebtedness other than any Financial Indebtedness outstanding under the Finance Documents prior to the Borrower being listed on the New York Stock Exchange or such other recognized stock exchange acceptable to the Lenders.
Financial Indebtedness restrictions. (a) Except as permitted under paragraph (b) below, the Company shall not, and shall procure that no other Group Company shall, incur, create or permit to subsist any additional Financial Indebtedness or maintain or prolong any existing Financial Indebtedness.
Financial Indebtedness restrictions. (a) The Borrowers shall not incur, create or permit to subsist any Financial Indebtedness. (b) Paragraph (a) above does not apply to Financial Indebtedness: (i) incurred under the Finance Documents; (ii) incurred under any loans from any Guarantor or any other Borrower, provided that any Guarantor's or the other Borrower's claims under such loans are subject to a Security Agreement and fully subordinated to the claims of the Finance Parties under the Finance Documents; or (iii) consented to in writing by the Lenders. 22.12 Financial support The Borrowers shall not make or grant any loans, guarantees or any other form of financial support to any person, except for: (a) financial support by way of trade credit in the ordinary course of operation of the Vessels; and (b) intra-group loans to another Borrower or a Guarantor, provided always that the obligations of any other Borrower or a Guarantor be fully subordinated to any obligations under the Finance Documents, and the relevant Borrower's claims under such loans are subject to a Security Agreement. 22.13 Distributions from the Borrowers Following the occurrence of an Event of Default which is continuing, no Borrower may: (a) declare, make or pay any dividend, charge, fee or other distribution (whether in cash or in kind) on or in respect of its share capital (or any class of its share capital); (b) pay any interest or repay any principal amount (or capitalised interest) on any debt to any of its shareholders; or (c) redeem, repurchase or repay any of its share capital or resolve to do so, or enter into any transaction or arrangement having a similar effect as described in paragraphs (i) to (iii). BD-#34696673-v11 63
Financial Indebtedness restrictions a) The Company shall ensure that no other member of the Group (other than the Company) will incur (or agree to incur) or have outstanding any Financial Indebtedness (whether secured or unsecured).
