Guarantees of Indebtedness. Incurred in accordance with the provisions of the Indenture; provided that in the event such Indebtedness that is being Guaranteed is a Subordinated Obligation or a Guarantor Subordinated Obligation, then the related Guarantee shall be subordinated in right of payment to the Notes or the Subsidiary Guarantee to at least the same extent as the Indebtedness being Guaranteed, as the case may be;
Guarantees of Indebtedness or other obligations of any Subsidiary with respect to Indebtedness otherwise permitted to be incurred pursuant to this Section 6.01 (except with respect to clause (o)) or obligations not prohibited by this Agreement; provided that in the case of any Guarantees (x) by a Loan Party of the obligations of a non-Loan Party or (y) by a Specified Loan Party of the Obligations of a Loan Party that is not a Specified Loan Party, in each case the related Investment is permitted under Section 6.03; provided, further, that (A) no Guarantee by any Subsidiary of any Indebtedness constituting Subordinated Indebtedness or Junior Lien Indebtedness shall be permitted unless such guaranteeing party shall have also provided a Guarantee of the Obligations on the terms set forth herein, (B) if the Indebtedness being Guaranteed is Subordinated Indebtedness, such Guarantee shall be subordinated to the Guarantee of the Obligations on terms at least as favorable (as reasonably determined by the Borrower Representative) to the Lenders as those contained in the subordination terms of such Indebtedness and (C) any Guarantee by a Subsidiary that is not a Loan Party of any Indebtedness under Sections 6.01(n), (q) and (t) (or any Refinancing Indebtedness in respect thereof) shall only be permitted if such Guarantee meets the requirements of Sections 6.01(n), (q) or (t), as the case may be;
Guarantees of Indebtedness. Incurred in accordance with the provisions of the Indenture; provided that if the Indebtedness that is being Guaranteed is Guaranteed by a Subsidiary Guarantor and is (a) Senior Subordinated Indebtedness or Guarantor Senior Subordinated Indebtedness, then the related Guarantee shall rank equally in right of payment to the Subsidiary Guarantee or (b) a Subordinated Obligation or a Guarantor Subordinated Obligation, then the related Guarantee shall be subordinated in right of payment to the Subsidiary Guarantee;
Guarantees of Indebtedness. Incurred in accordance with the provisions of the Indenture; provided that in the event such Indebtedness that is being Guaranteed is a Subordinated Obligation or a Guarantor Subordinated Obligation, then the related Guarantee shall be subordinated in right of payment to the Notes or the Subsidiary Guarantee to at least the same extent as the Indebtedness being Guaranteed, as the case may be;
(3) Indebtedness of the Company owing to and held by any Restricted Subsidiary or Indebtedness of a Restricted Subsidiary owing to and held by the Company or any Restricted Subsidiary; provided, however, that (a)(i) if the Company is the obligor on such Indebtedness and the obligee is not a Subsidiary Guarantor, such Indebtedness must be expressly subordinated to the prior payment in full in cash of all obligations with respect to the Notes and (ii) if a Subsidiary Guarantor is the obligor of such Indebtedness and the obligee is neither the Company nor a Subsidiary Guarantor, such Indebtedness must be expressly subordinated to the prior payment in full in cash of all obligations of such Subsidiary Guarantor with respect to its Subsidiary Guarantee and (b)(i) any subsequent issuance or transfer of Capital Stock or any other event which results in any such Indebtedness being held by a Person other than the Company or a Restricted Subsidiary of the Company and (ii) any sale or other transfer of any such Indebtedness to a Person other than the Company or a Restricted Subsidiary of the Company shall be deemed, in each case, to constitute an Incurrence of such Indebtedness by the Company or such Subsidiary, as the case may be, that was not permitted by this clause (3);
(4) Indebtedness represented by (a) the Notes issued on the Issue Date and all Subsidiary Guarantees, (b) any Indebtedness (other than the Indebtedness described in clauses (1), (2) and 4(a)) outstanding on the Issue Date and (c) any Refinancing Indebtedness Incurred in respect of any Indebtedness described in this clause (4) or clause (5) or clause (8) or Incurred pursuant to the first paragraph of this Section 1111;
(5) Permitted Acquisition Indebtedness;
(6) Indebtedness incurred in respect of (a) self-insurance obligations, bid, appeal, reimbursement, performance, surety and similar bonds and completion guarantees provided by the Company or a Restricted Subsidiary in the ordinary course of business and any Guarantees or letters of credit functioning as or supporting any of the foregoing bonds or obligatio...
Guarantees of Indebtedness. No FS Subsidiary shall enter into any guarantee of any Indebtedness of another Person.
Guarantees of Indebtedness. U-Protein has not guaranteed any dividend, obligation or indebtedness of any other Person, nor has any other Person guaranteed any dividend, obligation or indebtedness of U-Protein.
Guarantees of Indebtedness. GlobeX US has not guaranteed any dividend, obligation or indebtedness of any other Person, nor has any other Person guaranteed any dividend, obligation or indebtedness of GlobeX US.
Guarantees of Indebtedness. At the Closing, indemnities will become effective which allow Halawa to indemnify Chelsea GCA Realty, Inc. as a guarantor against $18.0 million of indebtedness of Chelsea, on a last loss basis. After the Closing, a new indemnity will become effective which will allow Halawa to indemnify Chelsea GCA Realty, Inc. as a guarantor for up to $4.5 million of debt incurred by Chelsea to finance the Distribution to Halawa, on a last loss basis. The indemnities shall be in form reasonably acceptable to Halawa and Chelsea. At such time, upon Halawa's request, Chelsea GCA Realty, Inc. will agree to reduce the indemnity with respect to the initial $18.0 million indemnity by an amount equal to Halawa's indemnity under the second loan made to finance the Distribution to Halawa. The indemnity agreement will provide for its extension, continuation or renewal should the underlying Chelsea debt be extended, refinanced or otherwise modified and give the indemnitor the right to directly guaranty the loan up to the respective amounts set forth in this section should Chelsea GCA Realty, Inc. not be required to provide a guaranty of the underlying Chelsea debt.
Guarantees of Indebtedness. No Borrower will (a) permit any of its Subsidiaries to guarantee or secure the payment of any of its Indebtedness or (b) pledge any intercompany notes representing obligations of any Subsidiary of such Borrower to secure the payment of any of its Indebtedness unless, in either case, the payment of the Notes also is guaranteed in full by such Subsidiary.
Guarantees of Indebtedness. $ 4 Exclude New Debt Securities from and after the date of issuance thereof through the earlier of the Acquisition Closing Date and the Escrow Termination Date.
