Holdings Indebtedness. As of the Closing Date, and after giving effect to the Transactions, Holdings’ only Indebtedness is the Indebtedness set forth on Schedule 3.24.
Holdings Indebtedness. Holdings shall incur any Indebtedness other than Permitted Holdings Indebtedness or Holdings shall fail to make any payment when due (whether by scheduled maturity, required prepayment, acceleration, demand or otherwise) with respect to any Permitted Holdings Indebtedness the outstanding principal amount of which Indebtedness is in excess of $5,000,000 or any breach, default or event of default shall occur, or any other condition shall exist under any instrument, agreement or indenture pertaining to any such Permitted Holdings Indebtedness, if the effect thereof is to cause an acceleration, mandatory redemption, a requirement that Holdings offer to purchase such Indebtedness or other required repurchase of such Indebtedness, or permit the holder(s) of such Indebtedness to accelerate the maturity of any such Indebtedness or require a redemption or other repurchase of such Indebtedness; or any such Indebtedness shall be otherwise declared to be due and payable (by acceleration or otherwise) or required to be prepaid, redeemed or otherwise repurchased by Holdings (other than by a regularly scheduled required prepayment) prior to the stated maturity thereof.
Holdings Indebtedness. By no later than the Leverage Agreement Date, Holdings shall have demonstrated to Impel’s satisfaction that Holdings shall have as of the Effective Time (a) leverage capacity acceptable to Impel (measured as a ratio of total Holdings consolidated management company adjusted EBITDA, in each case calculated on a pro forma basis to account for the transactions contemplated by this Agreement and by each of the MCNT Agreement and the UANT Agreement) and (b) a fixed charge coverage ratio acceptable to Impel (measured as a ratio of total Holdings consolidated management company adjusted EBITDA to Holdings’s pro rata owned principal and interest expense, in each case calculated on a pro forma basis to account for the transactions contemplated by this Agreement and by each of the MCNT Agreement and the UANT Agreement).
Holdings Indebtedness. Holdings shall (a) have demonstrated to Impel’s satisfaction that Holdings shall have as of the Effective Time (i) leverage capacity acceptable to Impel (measured as a ratio of total Holdings consolidated management company adjusted EBITDA, in each case calculated on a pro forma basis to account for the transactions contemplated by this Agreement and by each of the MCNT Agreement and the UANT Agreement) and (ii) a fixed charge coverage ratio acceptable to Impel (measured as a ratio of total Holdings consolidated management company adjusted EBITDA to Holdings’s pro rata owned principal and interest expense, in each case calculated on a pro forma basis to account for the transactions contemplated by this Agreement and by each of the MCNT Agreement and the UANT Agreement), and (ii) have obtained the Financing on terms satisfactory to Impel.
Holdings Indebtedness. As of the Closing Date, prior to giving effect to the Transactions, Holdings does not have any Indebtedness. Table of Contents
Holdings Indebtedness. As of the Restatement Effective Date, and prior to giving effect to the Restatement Transactions, Holdings’ only Indebtedness is the Indebtedness set forth on Schedule 3.24.
Holdings Indebtedness. Holdings shall have (i) redeemed the 9.5% TOPrS due 2047 duly tendered for redemption pursuant to Holdings' Tender Offer and Consent Solicitation, (ii) irrevocably called for redemption all of its 10% TOPrS due 2044 and its ESOP Convertible Preferred Stock, and (iii) set aside from the proceeds of the Reorganization Merger Payment sufficient cash and cash equivalents to (x) economically defease the untendered 9.5% TOPrS due 2047 and redeem all such securities called for redemption and (y) defray its expected operating expenses, with all such redemptions and payments to be effected as contemplated by Holdings' Tender Offer and Consent Solicitation (without any waiver of any condition specified therein) or otherwise on a basis reasonably satisfactory to the Senior Managing Agents (all the foregoing, the "Other Debt Repayment").
Holdings Indebtedness. (iii) Clause (k) of Section 8.4 (Sale of Assets) of the Credit Agreement is hereby amended and restated to read in its entirety as follows:
Holdings Indebtedness. For the avoidance of doubt, it is understood that no Capital Lease Obligations initially made while the Aggregate Available Credit equals or exceeds $75,000,000 shall constitute a Default or Event of Default under this Section 8.1 merely because the Aggregate Available Credit shall thereafter be less than $75,000,000.
Holdings Indebtedness. Neither Holdings nor any of its Subsidiaries has incurred any Indebtedness (other than amounts outstanding as permitted hereunder).
