Financing Debt Sample Clauses

Financing Debt. The Indebtedness of any Person shall include the Indebtedness of any other entity (including any partnership in which such Person is a general partner) to the extent such Person is liable therefor as a result of such Person’s ownership interest in or other relationship with such entity, except to the extent the terms of such Indebtedness provide that such Person is not liable therefor; provided that, if the sole asset of such Person is its ownership interest in such other entity, the amount of such Indebtedness shall be deemed equal to the value of such ownership interest. For the avoidance of doubt, the Indebtedness of the Borrower or any other Subsidiary shall not include any obligations of the Borrower or such other Subsidiary arising in the ordinary course of business from the establishment, offering and maintenance by the Borrower or such other Subsidiary, as the case may be, of trade payables financing programs under which suppliers to the Borrower or such other Subsidiary, as the case may be, can request accelerated payment from one or more designated financial institutions; provided that (i) the Borrower or such other Subsidiary, as the case may be, reimburses the designated financial institution or institutions for such accelerated payment on the date specified in the purchase terms and conditions previously agreed upon by the applicable supplier and the Borrower or such other Subsidiary, as the case may be and (ii) had such financial institution or institutions not paid such obligations to the applicable supplier, such obligations would have been required to be classified as a trade payable in the consolidated financial statements of the Borrower or such other Subsidiary, as the case may be, prepared in accordance with GAAP.
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Financing Debt. Neither the Company nor any of its Subsidiaries shall create, incur, assume or otherwise become or remain liable with respect to any Financing Debt, except the following:
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Financing Debt etc. FINANCING DEBT AMOUNT OUTSTANDING - Senior Unsecured Notes $100 million/$116 million - ASC Subordinated Note $2,750,000 - Bombxxxxxx-Xxxxxxxx $ 75,360 - Bombardier-Waterville $ 204,160 (based on certain usage over life of lease) - Orix Credit Alliance-Waterville $ 819,471 - Townline Equipment Sales-Waterville $ 35,193 - Ski Data-Cranmore $ 154,508 - Advance Previously made to G. Targhee $ 655,000 by an Affiliate of Gary Xxxxxx, x prior potential purchaser of G. Targhee - Grand Targhee/Case Financial Equipment $ 9,145 - Grand Targhee/AT&T Leasing $ 17,450 - Grand Targhee/Citicorp Leasing $ 60,340 - Grand Targhee/Jackxxx Xxxe Resort Association $ 13,630 - Ski Lifts/KeyCorp. Leasing $ 150,000 - See attached schedule of Capital Leases LIENS AND GUARANTEES
Sample 1
Financing Debt. 34 5.3. Distributions.................................................................34 5.4. Capital Expenditures..........................................................35 5.5.
Sample 1
Financing Debt. 34 5.3. Distributions . . . . . . . . . . . . . . . . . . . .34 5.4. Capital Expenditures. . . . . . . . . . . . . . . . .35 5.5. Payment of Theatre Obligations. . . . . . . . . . . .36
Sample 1
Financing Debt. In the case that the escrow is cancelled after a certain amount of nonrefundable xxxxxxx money deposit (EMD) is released to the seller, [SENIOR PARTNER] will be responsible for reimbursing the [GOVERNMENT PROGRAM / SOURCE OF FUNDING] recoverable grant for the first [$ AMOUNT] and last [$ AMOUNT] of the EMD. [JUNIOR PARTNER] will be responsible for the third financial release of [$ AMOUNT] of EMD released to the seller, should the full EMD amount of [$ AMOUNT] be released. [SENIOR PARTNER] will lead in securing construction loan financing for Project rehabilitation and will assume all obligations as documented in the relevant Project construction loan agreement(s), Project deed(s) of trust or assignment(s) of deed of trust, Project promissory note(s) and completion and/or payment guarantee(s). The Parties will determine for each Project whether one Party or both will sign as guarantor(s). Any additional obligations to be assumed by [SENIOR PARTNER] with respect to each Project rehabilitation will be negotiated and documented between the Parties in good faith. The construction loan will be converted to permanent financing upon completion of Project rehabilitation. [JUNIOR PARTNER] will lead in seeking permanent financing, in conjunction with the Working Group, as defined in Section 3 below. [SENIOR PARTNER] will support [JUNIOR PARTNER] in identifying permanent financing options. Either the LLC or the Cooperative will assume the permanent financing obligations. Approximately six (6) months prior to the conversion date, as indicated in the construction loan documents, the Parties will jointly review the status of permanent loan financing. If permanent financing is not yet secured, the Parties will jointly determine what additional action(s), if any, [SENIOR PARTNER] should take to assist [JUNIOR PARTNER] in securing it. Approximately three (3) months prior to the conversion date, the Parties will jointly review the status of Cooperative formation. [JUNIOR PARTNER] will work with such Cooperative, if formed, to determine whether the LLC or Cooperative can and will assume permanent financing for the Project. If a commitment for permanent financing has not been secured by this time, the Parties will jointly review the status of permanent loan financing, again determining what additional action(s) should be taken by the Parties. They will also negotiate alternate exit strategies for [SENIOR PARTNER] and/or strategies to gain additional time for securing the perma...
Sample 1

Related to Financing Debt

  • Refinancing Debt Borrowed Money that is the result of an extension, renewal or refinancing of Debt permitted under Section 10.2.1(b), (d) or (f).

  • Specified Refinancing Debt (a) The Borrowers may from time to time, add one or more new term loan facilities and new revolving credit facilities to the Credit Facilities (“Specified Refinancing Debt”) pursuant to procedures reasonably specified by the Administrative Agent and reasonably acceptable to the Borrowers, to refinance (i) all or any portion of any Class of Term Loans then outstanding under this Agreement and (ii) all or any portion of any Class of Revolving Loans (and the unused Revolving Commitments with respect to such Class of Revolving Loans) then in effect under this Agreement, in each case pursuant to a Refinancing Amendment (it being agreed that in no event shall more than three Classes of revolving commitments be outstanding at any time under this Agreement); provided that such Specified Refinancing Debt: (i) will rank pari passu in right of payment as the other Loans and Commitments hereunder; (ii) will not be guaranteed by any Person that is not a Subsidiary Loan Party; (iii) will be (x) unsecured or (y) secured by the Collateral on a pari passu or junior basis with the Obligations (in each case pursuant to customary intercreditor arrangements reasonably satisfactory to the Administrative Agent); (iv) will have such pricing and optional prepayment terms as may be agreed by the Parent Borrower and the applicable Lenders thereof; (v) (x) to the extent constituting revolving credit facilities, will not have a maturity date (or have mandatory commitment reductions or amortization) that is prior to the Revolving Maturity Date of the Revolving Commitment being refinanced and (y) to the extent constituting term loan facilities, will have a maturity date that is not prior to the date that is the scheduled maturity date of, and will have a weighted average life to maturity that is not shorter than the weighted average life to maturity of, the Loans being refinanced; (vi) any Specified Refinancing Term Loans shall share ratably in any prepayments of Term Loans pursuant to Section 2.11 (or otherwise provide for more favorable prepayment treatment for the then outstanding Classes of Term Loans other than Specified Refinancing Term Loans); (vii) each Revolving Borrowing (including any deemed Revolving Borrowings made pursuant to Section 2.04 or 2.05) shall be allocated pro rata among the Classes of Revolving Commitments (it being agreed that notwithstanding the foregoing, the Administrative Agent may, in its reasonable discretion, take such actions as it deems advisable to allocate Letters of Credit and participations therein between any revolving facilities); (vii) subject to clauses (iv) and (v) above, will have terms and conditions (other than pricing and optional prepayment and redemption terms) that are substantially identical to, or less favorable, when taken as a whole, to the lenders providing such Specified Refinancing Debt than, the terms and conditions of the Credit Facilities and Loans being refinanced (as reasonably determined by the Parent Borrower in good faith); and (ix) the Net Cash Proceeds of such Specified Refinancing Debt shall be applied, substantially concurrently with the incurrence thereof, to the pro rata prepayment of outstanding Loans being so refinanced, in each case pursuant to Section 2.08 and 2.11, as applicable; provided, however, that such Specified Refinancing Debt (x) may provide for any additional or different financial or other covenants or other provisions that are agreed among the Parent Borrower and the lenders thereof and applicable only during periods after the Latest Maturity Date of any of the Loans (and Commitments) that remain outstanding after giving effect to such Specified Refinancing Debt or the date on which all non-refinanced Obligations are paid in full and (y) shall not have a principal or commitment amount (or accreted value) greater than the Loans being refinanced (excluding accrued interest, fees, discounts, premiums or expenses).

  • Existing Debt Set forth on Schedule 4.01(n) hereto is a complete and accurate list of all Existing Debt, showing as of the date hereof the obligor and the principal amount outstanding thereunder, the maturity date thereof and the amortization schedule therefor.

  • Priority Indebtedness The Company will not, and will not permit any Subsidiary to, create, incur, assume or permit to exist any Priority Indebtedness other than:

  • Subordinated Indebtedness The Obligations constitute senior indebtedness which is entitled to the benefits of the subordination provisions of all outstanding Subordinated Indebtedness.

  • Liens securing Indebtedness of the Borrower to a Subsidiary or of a Subsidiary to the Borrower or another Subsidiary.

  • Existing Indebtedness; Future Liens (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of the dates specified in such Schedule (and specifying, as to each such Indebtedness, the collateral, if any, securing such Indebtedness), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

  • Permitted Indebtedness Borrower shall not create, incur, assume or suffer to exist any Indebtedness, except the following (collectively, "Permitted Indebtedness"): (i) Indebtedness under the Loan Documents, (ii) any Indebtedness set forth on Schedule 7.2, (iii) Capitalized Lease Obligations incurred after the Closing Date and Indebtedness incurred pursuant to purchase money Liens permitted by Section 7.3(v), provided that the aggregate amount of such Capitalized Lease Obligations and purchase money indebtedness outstanding at any time shall not exceed $75,000, (iv) Indebtedness in connection with advances made by a stockholder in order to cure any default of the financial covenants set forth on Annex I; provided, however, that such Indebtedness shall be on an unsecured basis, subordinated in right of repayment and remedies to all of the Obligations and to all of Lender's rights pursuant to a subordination agreement in form and substance satisfactory to Lender; (v) accounts payable to trade creditors and current operating expenses (other than for borrowed money) which are not aged more than 120 calendar days from the billing date or more than 30 days from the due date, in each case incurred in the ordinary course of business and paid within such time period, unless the same are being contested in good faith and by appropriate and lawful proceedings and such reserves, if any, with respect thereto as are required by GAAP and deemed adequate by Borrower's independent accountants shall have been reserved; (vi) borrowings incurred in the ordinary course of business and not exceeding $10,000 individually or in the aggregate outstanding at any one time, provided, however, that such Indebtedness shall be on an unsecured basis, subordinated in right of repayment and remedies to all of the Obligations and to all of Lender's rights pursuant to a subordination agreement in form and substance satisfactory to Lender; and (vii)

  • Subordinated Debt (a) Make or permit any payment on any Subordinated Debt, except under the terms of the subordination, intercreditor, or other similar agreement to which such Subordinated Debt is subject, or (b) amend any provision in any document relating to the Subordinated Debt which would increase the amount thereof or adversely affect the subordination thereof to Obligations owed to Bank.

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