Common use of Guaranteed Indebtedness Clause in Contracts

Guaranteed Indebtedness. No Loan Party shall create, incur, assume or permit to exist any Guaranteed Indebtedness except for: (a) endorsements of instruments or items of payment for deposit to a bank account of 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 Loan Party if the primary obligation is expressly permitted by this Agreement other than Indebtedness, if any, of any Person existing at the time such Person became a Subsidiary of Borrower; provided that any such Guaranteed Indebtedness does not exceed the primary obligation, and (f) guaranties of lease payments in the ordinary course of business in connection with reletting of space vacated by any Loan Party pursuant to a store relocation.

Guaranteed Indebtedness. No Loan Credit Party shall create, incur, assume or permit to exist any Guaranteed Indebtedness except for: except: (a) endorsements Guaranteed Indebtedness by endorsement of instruments or items of payment for deposit to a bank the general account of such Loan any Credit 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 Loan Credit Party if the primary obligation of such other Credit Party is expressly permitted by this Agreement other than IndebtednessAgreement, provided that if any, the payment of such primary obligation is subordinated to the payment of any Person existing at of the time such Person became a Subsidiary Obligations, then the payment of Borrower; provided that any such Guaranteed Indebtedness does not exceed shall be subordinated to the payment of the Obligations on the same basis that such primary obligation, obligation is so subordinated; (c) Guaranteed Indebtedness existing on the date hereof and described in Disclosure Schedule 6.6; (fd) guaranties of lease payments 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 connection the aggregate for all Credit Parties combined; (f) Guaranteed Indebtedness arising under indemnity agreements with reletting title insurers to cause such title insurers to issue in favor of space vacated by 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 Loan Party pursuant to a store relocationtime for all Credit Parties combined.

Guaranteed Indebtedness. No Loan Credit Party shall create, incur, assume or permit to exist any Guaranteed Indebtedness except for: except: (a) endorsements Guaranteed Indebtedness by endorsement of instruments or items of payment for deposit to a bank the general account of such Loan any Credit 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 Loan Credit Party if the primary obligation of such other Credit Party is expressly permitted by this Agreement other than IndebtednessAgreement, provided that if any, the payment of such primary obligation is subordinated to the payment of any Person existing at of the time such Person became a Subsidiary Obligations, then the payment of Borrower; provided that any such Guaranteed Indebtedness does not exceed shall be subordinated to the payment of the Obligations on the same basis that such primary obligation, obligation is so subordinated; (c) Guaranteed Indebtedness existing on the Closing Date and described in Disclosure Schedule 6.6; (fd) guaranties of lease payments 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 $500,000 in connection the aggregate for all Credit Parties combined; (f) Guaranteed Indebtedness arising under indemnity agreements with reletting title insurers to cause such title insurers to issue in favor of space vacated by Agent mortgagee title insurance policies; (g) [Intentionally Omitted]; and (h) additional Guaranteed Indebtedness of the Credit Parties not to exceed an aggregate outstanding principal amount of $500,000 at any Loan Party pursuant to a store relocationtime for all Credit Parties combined.

Guaranteed Indebtedness. No Loan Credit Party shall create, incur, assume or permit to exist any Guaranteed Indebtedness except for: except: (a) endorsements Guaranteed Indebtedness by endorsement of instruments or items of payment for deposit to a bank the general account of such Loan any Credit 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 Loan Credit Party if the primary obligation of such other Credit Party is expressly permitted by this Agreement other than IndebtednessAgreement, provided that if any, the payment of such primary obligation is subordinated to the payment of any Person existing at of the time such Person became a Subsidiary Obligations, then the payment of Borrower; provided that any such Guaranteed Indebtedness does not exceed shall be subordinated to the payment of the Obligations on the same basis that such primary obligation, obligation is so subordinated; (c) Guaranteed Indebtedness existing on the Second Restatement Execution Date and described in Disclosure Schedule 6.6; (fd) guaranties of lease payments 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 $500,000 in connection the aggregate for all Credit Parties combined; (f) Guaranteed Indebtedness arising under indemnity agreements with reletting title insurers to cause such title insurers to issue in favor of space vacated by Agent mortgagee title insurance policies; (g) [Intentionally Omitted]; and (h) additional Guaranteed Indebtedness of the Credit Parties not to exceed an aggregate outstanding principal amount of $500,000 at any Loan Party pursuant to a store relocationtime for all Credit Parties combined.

Guaranteed Indebtedness. No Loan Credit Party shall create, incur, assume or permit to exist any Guaranteed Indebtedness except for: except: (a) endorsements Guaranteed Indebtedness by endorsement of instruments or items of payment for deposit to a bank the general account of such Loan any Credit 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 Loan Credit Party if the primary obligation of such other Credit Party is expressly permitted by this Agreement other than IndebtednessAgreement, provided that if any, the payment of such primary obligation is subordinated to the payment of any Person existing at of the time such Person became a Subsidiary Obligations, then the payment of Borrower; provided that any such Guaranteed Indebtedness does not exceed shall be subordinated to the payment of the Obligations on the same basis that such primary obligation, obligation is so subordinated; (c) Guaranteed Indebtedness existing on the Restatement Closing Date and described in Disclosure Schedule 6.6; (fd) guaranties of lease payments 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 connection the aggregate for all Credit Parties combined; (f) Guaranteed Indebtedness arising under indemnity agreements with reletting title insurers to cause such title insurers to issue in favor of space vacated by 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 Loan Party pursuant to a store relocationtime for all Credit Parties combined.