Common use of Funded Debt Clause in Contracts

Funded Debt. No Loan Party shall, nor shall it permit any of its Subsidiaries to, create, incur, assume or suffer to exist any Funded Debt, except for: (i) the Senior Credit Obligations and the RPIFT Senior Credit Obligations; (ii) any Funded Debt arising under Secured Cash Management Agreements, Secured Hedge Agreements, RPIFT Secured Cash Management Agreements or RPIFT Secured Hedge Agreements; (iii) the Cubicin Acquisition Debt; (iv) other unsecured indebtedness of RPIFT; provided that, (A) both immediately before and after giving pro-forma effect thereto, no Default or Event of Default shall have occurred and RPIFT will be in compliance with the financial covenants set forth in Section 7.10 after giving effect to such unsecured indebtedness on a Pro-Forma Basis and (B) any such indebtedness has a final maturity date equal to or later than the latest of the maturity dates of the RPIFT Term Loans, and a Weighted Average Life to Maturity equal to or greater than the latest Weighted Average Life to Maturity, of the RPIFT Term Loans; and (v) as set forth in the Transaction Description or in connection with the Reorganization.

Funded Debt. No Loan Party shall, nor shall it permit any of its Subsidiaries to, create, incur, assume or suffer to exist any Funded Debt, except for: (i) the Senior Credit Obligations and the RPIFT Senior Credit Obligations; (ii) any Funded Debt arising under Secured Cash Management Agreements, Secured Hedge Agreements, RPIFT Secured Cash Management Agreements or RPIFT Secured Hedge Agreements; (iii) the Cubicin Acquisition Debt; (iv) other unsecured indebtedness of RPIFTthe Borrower; provided that, (A) both immediately before and after giving pro-forma effect thereto, no Default or Event of Default shall have occurred and RPIFT the Borrower will be in compliance with the financial covenants set forth in Section 7.10 after giving effect to such unsecured indebtedness on a Pro-Forma Basis and (B) any such indebtedness has a final maturity date equal to or later than the latest of the maturity dates of the RPIFT Term LoansMaturity Dates, and a Weighted Average Life to Maturity equal to or greater than the latest Weighted Average Life to Maturity, of the RPIFT Term LoansFacilities; and (v) as set forth in the Transaction Description or in connection with the Reorganization.

Funded Debt. No Loan Party shall, nor shall it permit any of its Subsidiaries to, create, incur, assume or suffer to exist any Funded Debt, except for: (i) the Senior Credit Obligations and the RPIFT Senior Credit Obligations; (ii) any Funded Debt arising under Secured Cash Management Agreements, Secured Hedge Agreements, RPIFT Secured Cash Management Agreements or RPIFT Secured Hedge Agreements; (iii) the Cubicin Acquisition Debt; (iv) other unsecured indebtedness of RPIFT; provided that, (A) both immediately before and after giving pro-forma effect thereto, no Default or Event of Default shall have occurred and RPIFT will be in compliance with the financial covenants set forth in Section 7.10 after giving effect to such unsecured indebtedness on a Pro-Forma Basis and (B) any such indebtedness has a final maturity date equal to or later than the latest of the maturity dates of the RPIFT Term Loans, and a Weighted Average Life to Maturity equal to or greater than the latest Weighted Average Life to Maturity, of the RPIFT Term Loans; and; (v) as set forth in the Transaction Description or in connection with the Reorganization; and (vi) any Funded Debt arising under the Contingent Value Rights.

Funded Debt. No Loan Party shall, nor shall it permit any of its Subsidiaries to, create, incur, assume or suffer to exist any Funded Debt, except for: (i) the Senior Credit Obligations and the RPIFT Senior Credit Obligations; (ii) any Funded Debt arising under Secured Cash Management Agreements, Secured Hedge Agreements, RPIFT Secured Cash Management Agreements or RPIFT Secured Hedge Agreements; (iii) the Cubicin Acquisition Debt; (iv) other unsecured indebtedness of RPIFTthe Borrower; provided that, (A) both immediately before and after giving pro-forma effect thereto, no Default or Event of Default shall have occurred and RPIFT the Borrower will be in compliance with the financial covenants set forth in Section 7.10 after giving effect to such unsecured indebtedness on a Pro-Forma Basis and (B) any such indebtedness has a final maturity date equal to or later than the latest of the maturity dates of the RPIFT Term LoansMaturity Dates, and a Weighted Average Life to Maturity equal to or greater than the latest Weighted Average Life to Maturity, of the RPIFT Term Loans; andFacilities; (v) as set forth in the Transaction Description or in connection with the Reorganization; and (vi) any Funded Debt arising under the Contingent Value Rights.