Financial Indebtedness. 23.17.1 Except as permitted under Clause 23.17.2 below, the Borrower shall not incur or allow to remain outstanding any Financial Indebtedness. 23.17.2 Clause 23.17.1 above does not apply to Financial Indebtedness which is: (a) entered into with the consent of the Agent (acting on the instructions of the Majority Lenders); (b) incurred under the Finance Documents; or (c) incurred under the Shareholder Loan Agreements.
Appears in 6 contracts
Samples: Facility Agreement, Facility Agreement, Facility Agreement (Hoegh LNG Partners LP)
Financial Indebtedness. 23.17.1 22.19.1 Except as permitted under Clause 23.17.2 22.19.2 below, no Obligor shall (and the Borrower shall not ensure that no member of the Group will) incur or allow to remain outstanding any Financial Indebtedness.
23.17.2 22.19.2 Clause 23.17.1 22.19.1 above does not apply to Financial Indebtedness which is:
(a) entered into with the consent of the Agent (acting on the instructions of the Majority Lenders);Permitted Financial Indebtedness; or
(b) incurred under contemplated by paragraph (a) of the Finance Documents; or
(c) incurred under the Shareholder Loan Agreementsdefinition of Permitted Transaction.
Appears in 2 contracts
Samples: Term Facility Agreement (Enstar Group LTD), Term Facility Agreement (Enstar Group LTD)
Financial Indebtedness. 23.17.1 Except as permitted under Clause 23.17.2 below, the (a) The Borrower shall not incur or allow to remain outstanding any Financial Indebtedness.
23.17.2 (b) Clause 23.17.1 above 12.15(a) does not apply to Financial Indebtedness which isto:
(ai) entered into with the consent of the Agent (acting on the instructions of the Majority Lenders);
(b) any Financial Indebtedness incurred under the Finance Documents; or
(cii) any Financial Indebtedness incurred under with the Shareholder Loan Agreementsprior written consent of the Facility Agent (acting on the instructions of the Lenders).
Appears in 1 contract
Samples: Facility Agreement
Financial Indebtedness. 23.17.1 21.19.1 Except as permitted under Clause 23.17.2 below21.19.2, neither the Borrower nor K2020 shall not incur or allow to remain outstanding any Financial Indebtedness.
23.17.2 21.19.2 Clause 23.17.1 above 21.19.1 does not apply to Financial Indebtedness which isto:
(a) entered into with Financial Indebtedness incurred under the consent of the Agent (acting on the instructions of the Majority Lenders)Limited Recourse Loan;
(b) any Financial Indebtedness incurred under the Finance Documents;
(c) the Subordinated Shareholder Loans and Claims; or
(cd) incurred under any Financial Indebtedness expressly permitted in writing by the Shareholder Loan AgreementsLender.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (Lesaka Technologies Inc)
Financial Indebtedness. 23.17.1 (a) Except as permitted under Clause 23.17.2 clause 22.10(b) below, no Obligor shall (and the Borrower shall not ensure that no other Obligor will) incur or allow to remain outstanding any Financial Indebtedness.
23.17.2 (b) Clause 23.17.1 22.10(a) above does not apply to Financial Indebtedness which is:
(a) entered into with the consent of the Agent (acting on the instructions of the Majority Lenders);
(b) incurred under the Finance Documents; or
(c) incurred under the Shareholder Loan Agreementsis Permitted Indebtedness.
Appears in 1 contract
Financial Indebtedness. 23.17.1 22.19.1 Except as permitted under Clause 23.17.2 22.19.2 below, the Borrower shall not incur or allow to remain outstanding any Financial Indebtedness.
23.17.2 22.19.2 Clause 23.17.1 22.19.1 above does not apply to Financial Indebtedness which is:
(a) entered into with the consent of the Agent (acting on the instructions of the Majority Lenders);Permitted Financial Indebtedness; or
(b) incurred under the Finance Documents; or
(c) incurred under the Shareholder Loan Agreementsa Permitted Transaction.
Appears in 1 contract
Samples: Distribution Agreement (Central European Distribution Corp)
Financial Indebtedness. 23.17.1 21.17.1. Except as permitted under Clause 23.17.2 belowclause 21.17.2, no Obligor shall (and the Borrower shall not ensure that no other member of the Group will) incur or allow to remain outstanding any Financial Indebtedness.
23.17.2 21.17.2. Clause 23.17.1 above 21.17.1 does not apply to Financial Indebtedness which is:
(a) entered into with the consent of the Agent (acting on the instructions of the Majority Lenders);
(b) incurred under the Finance Documents21.17.2.1. a Permitted Financial Indebtedness; or
(c) incurred under the Shareholder Loan Agreementsor 21.17.2.2. a Permitted Transaction.
Appears in 1 contract
