Common use of Guaranteed Indebtedness Clause in Contracts

Guaranteed Indebtedness. No Credit Party shall create, incur, assume or permit to exist any Guaranteed Indebtedness except: (a) Guaranteed Indebtedness by endorsement of instruments or items of payment for deposit to the general account of any Credit Party; (b) Guaranteed Indebtedness incurred for the benefit of any other Credit Party if the primary obligation of such other Credit Party is permitted by this Agreement, provided that if the payment of such primary obligation is subordinated to the payment of any of the Obligations, then the payment of such Guaranteed Indebtedness shall be subordinated to the payment of the Obligations on the same basis that such primary obligation is so subordinated; (c) Guaranteed Indebtedness existing on the date hereof and described in Disclosure Schedule 6.6; (d) the Guaranties; (e) Guaranteed Indebtedness incurred in the ordinary course of business of a Credit Party with respect to surety and appeal bonds, performance and return-of-money bonds and other similar obligations of such Credit Party up to $250,000 in the aggregate for all Credit Parties combined; (f) Guaranteed Indebtedness arising under indemnity agreements with title insurers to cause such title insurers to issue in favor of Agent mortgagee title insurance policies; and (g) additional Guaranteed Indebtedness of the Credit Parties not to exceed an aggregate outstanding principal amount of $250,000 at any time for all Credit Parties combined.

Guaranteed Indebtedness. No Credit Loan Party shall create, incur, assume or permit to exist any Guaranteed Indebtedness except: except for: (a) Guaranteed Indebtedness by endorsement endorsements of instruments or items of payment for deposit to the general a bank account of any Credit such Loan Party; ; (b) performance bonds, indemnities entered into in the ordinary course of business consistent with past practices; (c) Guaranteed Indebtedness relating to Interest Rate Agreements permitted to be incurred pursuant to Section 6.3(e); (d) Guaranteed Indebtedness outstanding on the Closing Date and listed in Schedule 6.3 and all extensions, renewals, replacements and modifications of such Guaranteed Indebtedness on terms and conditions which shall in any event be on terms no less favorable to Borrower, Agent or any Lender, as determined by Agent than the terms of the Guaranteed Indebtedness being extended, renewed, replaced or modified, including, without limitation, with respect to amount, premiums, fees, indemnities, covenants, events of default and remedies; (e) after consummation of the Merger, Guaranteed Indebtedness incurred for the benefit of any other Credit Loan Party if the primary obligation of such other Credit Party is expressly permitted by this AgreementAgreement other than Indebtedness, if any, of any Person existing at the time such Person became a Subsidiary of Borrower; provided that if the payment of such primary obligation is subordinated to the payment of any of the Obligations, then the payment of such Guaranteed Indebtedness shall be subordinated to does not exceed the payment primary obligation, and (f) guaranties of the Obligations on the same basis that such primary obligation is so subordinated; (c) Guaranteed Indebtedness existing on the date hereof and described in Disclosure Schedule 6.6; (d) the Guaranties; (e) Guaranteed Indebtedness incurred lease payments in the ordinary course of business in connection with reletting of space vacated by any Loan Party pursuant to a Credit Party with respect to surety and appeal bonds, performance and return-of-money bonds and other similar obligations of such Credit Party up to $250,000 in the aggregate for all Credit Parties combined; (f) Guaranteed Indebtedness arising under indemnity agreements with title insurers to cause such title insurers to issue in favor of Agent mortgagee title insurance policies; and (g) additional Guaranteed Indebtedness of the Credit Parties not to exceed an aggregate outstanding principal amount of $250,000 at any time for all Credit Parties combinedstore relocation.

Guaranteed Indebtedness. No Credit Party shall create, incur, assume or permit to exist any Guaranteed Indebtedness except: (a) Guaranteed Indebtedness by endorsement of instruments or items of payment for deposit to the general account of any Credit Party; (b) Guaranteed Indebtedness incurred for the benefit of any other Credit Party if the primary obligation of such other Credit Party is permitted by this Agreement, provided that if the payment of such primary obligation is subordinated to the payment of any of the Obligations, then the payment of such Guaranteed Indebtedness shall be subordinated to the payment of the Obligations on the same basis that such primary obligation is so subordinated; (c) Guaranteed Indebtedness existing on the date hereof Closing Date and described in Disclosure Schedule 6.6; (d) the Guaranties; (e) Guaranteed Indebtedness incurred in the ordinary course of business of a Credit Party with respect to surety and appeal bonds, performance and return-of-money bonds and other similar obligations of such Credit Party up to $250,000 500,000 in the aggregate for all Credit Parties combined; (f) Guaranteed Indebtedness arising under indemnity agreements with title insurers to cause such title insurers to issue in favor of Agent mortgagee title insurance policies; (g) [Intentionally Omitted]; and (gh) additional Guaranteed Indebtedness of the Credit Parties not to exceed an aggregate outstanding principal amount of $250,000 500,000 at any time for all Credit Parties combined.

Guaranteed Indebtedness. No Credit Party shall create, incur, assume or permit to exist any Guaranteed Indebtedness except: (a) Guaranteed Indebtedness by endorsement of instruments or items of payment for deposit to the general account of any Credit Party; (b) Guaranteed Indebtedness incurred for the benefit of any other Credit Party if the primary obligation of such other Credit Party is permitted by this Agreement, provided that if the payment of such primary obligation is subordinated to the payment of any of the Obligations, then the payment of such Guaranteed Indebtedness shall be subordinated to the payment of the Obligations on the same basis that such primary obligation is so subordinated; (c) Guaranteed Indebtedness existing on the date hereof Second Restatement Execution Date and described in Disclosure Schedule 6.6; (d) the Guaranties; (e) Guaranteed Indebtedness incurred in the ordinary course of business of a Credit Party with respect to surety and appeal bonds, performance and return-of-money bonds and other similar obligations of such Credit Party up to $250,000 500,000 in the aggregate for all Credit Parties combined; (f) Guaranteed Indebtedness arising under indemnity agreements with title insurers to cause such title insurers to issue in favor of Agent mortgagee title insurance policies; (g) [Intentionally Omitted]; and (gh) additional Guaranteed Indebtedness of the Credit Parties not to exceed an aggregate outstanding principal amount of $250,000 500,000 at any time for all Credit Parties combined.

Guaranteed Indebtedness. No Credit Party shall create, incur, assume or permit to exist any Guaranteed Indebtedness except: (a) Guaranteed Indebtedness by endorsement of instruments or items of payment for deposit to the general account of any Credit Party; (b) Guaranteed Indebtedness incurred for the benefit of any other Credit Party if the primary obligation of such other Credit Party is permitted by this Agreement, provided that if the payment of such primary obligation is subordinated to the payment of any of the Obligations, then the payment of such Guaranteed Indebtedness shall be subordinated to the payment of the Obligations on the same basis that such primary obligation is so subordinated; (c) Guaranteed Indebtedness existing on the date hereof Restatement Closing Date and described in Disclosure Schedule 6.6; (d) the Guaranties; (e) Guaranteed Indebtedness incurred in the ordinary course of business of a Credit Party with respect to surety and appeal bonds, performance and return-of-money bonds and other similar obligations of such Credit Party up to $250,000 in the aggregate for all Credit Parties combined; (f) Guaranteed Indebtedness arising under indemnity agreements with title insurers to cause such title insurers to issue in favor of Agent mortgagee title insurance policies; and (g) additional Guaranteed Indebtedness of the Credit Parties not to exceed an aggregate outstanding principal amount of $250,000 at any time for all Credit Parties combined.