Incur Indebtedness. Incur, create, assume, or permit ------------------ to exist any Indebtedness, EXCEPT:
(a) Indebtedness of the Borrower owing to the Lenders and the Agent under this Agreement and the Notes;
(b) other Indebtedness of the Borrower or any of its Subsidiaries owing to the Agent;
(c) Indebtedness existing on the Closing Date that is listed on Annex I hereto;
(d) Approved Subordinated Indebtedness;
(e) Indebtedness in respect of normal trade debt arising in the ordinary course of business which does not significantly exceed the levels of such debt historically incurred by the Borrower or its Subsidiary, as the case may be;
(f) Indebtedness incurred in connection with a private or public offering of debt securities of the Borrower contemplated by, and in accordance with, Section 4.02(b) hereof, if, and only if, the Net Cash Proceeds of any such offering are applied to reduce the Credit Obligations in accordance with Section 4.03 hereof;
(g) Indebtedness secured by Liens permitted by Section 8.02(g); and
(h) Indebtedness that constitutes Guaranteed Indebtedness of the Borrower that has been incurred by the Borrower solely by virtue of the Borrower's endorsement of checks or drafts negotiated in the ordinary course of the Borrower's business.
Incur Indebtedness. To borrow money in such amounts as directed by the Committee, to assume indebtedness, extend mortgages and encumber by mortgage or pledge, all as directed by the Committee.
Incur Indebtedness. Creation of Lien. Incur, create, or assume any indebtedness including, without limitation, obligations under capitalized leases, except indebtedness owing to the Bank, indebtedness existing on the date hereof and previously reported in writing to and permitted by the Bank, indebtedness incurred for normal consumer purposes, and trade indebtedness arising in the ordinary course of the Borrower's business; make any loans or advances to others including, without limitation, officers, directors, shareholders, principals, partners, members, managers, or affiliates of the Borrower or any Obligor; or create, permit, or suffer the creation of any liens, security interests or other encumbrances on any of its property, real or personal, except liens, security interests or encumbrances in favor of the Bank or existing on the date hereof and previously reported in writing to and permitted by the Bank;
Incur Indebtedness incur, assume, guarantee or permit to exist any indebtedness other than:-
(i) the indebtedness under the Facilities;
(ii) the indebtedness which have been disclosed to the Lender prior to the date of this Agreement;
Incur Indebtedness. Incur, create, assume, or permit to exist any Indebtedness at any time, except:
(a) Indebtedness of the Borrower owing to the Bank under this Agreement and the Notes;
(b) other Indebtedness of the Borrower owing to the Bank;
(c) Indebtedness existing on the date hereof that is described on Annex I hereof;
(d) Approved Subordinated Indebtedness;
(e) Indebtedness in respect of normal trade debt arising in the ordinary course of business;
(f) Indebtedness secured by Liens permitted to exist pursuant to Section 8.02(h); Notwithstanding the foregoing provisions of this clause (f), before the Borrower or any of its Subsidiaries incurs Indebtedness for borrowed money under this clause (f) the Borrower shall give the Bank written notice of the intention to borrow, setting forth a description of the proposed borrowing, and the Bank shall have 5 Business Days to notify the Borrower that it elects to make the proposed loan. If the Bank fails to make such election, then the Borrower and its Subsidiaries shall be free to incur the proposed Indebtedness on substantially as favorable terms to the Borrower and its Subsidiaries, as applicable, as proposed to the Bank free of the right of the Bank to make such loan under this clause (f). If the Bank elects to make the proposed loan, then the Borrower and the Bank shall negotiate in good faith to consummate the proposed loan within a reasonable time. If such negotiations do not result in the closing of the proposed loan, then the Borrower and its Subsidiaries, as applicable, shall be entitled to borrow on substantially as favorable terms to the Borrower and its Subsidiaries, as applicable, as proposed free of the right of the Bank to make the proposed loan under this clause (f);
(g) Indebtedness that constitutes Guaranteed Indebtedness of the Borrower or any of its Subsidiaries that has been incurred by the Borrower or any of its Subsidiaries solely by virtue of an endorsement of checks or drafts negotiated in the ordinary course of the business;
(h) Indebtedness incurred or assumed in connection with acquisitions permitted pursuant to Section 8.03 hereof, but only to the extent that such Indebtedness would otherwise be permitted to exist pursuant to clauses (d), (e), (f)(but without regard to the monetary threshold set forth in clause (h) of Section 8.02 hereof), (g), (j) or (l) of this Section 8.01;
(i) Indebtedness owing from or to Borrower or any of its Subsidiaries to or from any other of its Subsidiaries or Borrower;
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Incur Indebtedness. Enter into any similar type of financing arrangement.
Incur Indebtedness. Borrower shall not, nor shall it cause, permit or allow any Subsidiary to create, assume, incur, have outstanding, or in any manner become liable in respect of any Indebtedness other than that represented by this Agreement and the Notes; provided, however, that the foregoing shall not restrict nor operate to prevent:
5.1.1.1. the obligations of Borrower owing to Lender and other Indebtedness and obligations of Borrower or any Subsidiary from time to time owing to Lender;
Incur Indebtedness. Incur any debt for borrowed money except for indebtedness owing to Laurus Master Fund, Ltd. (“Laurus”) and St. Cloud Capital Partners, L.P. (“St. Cloud”) as such facilities may exist from time to time, including any extensions or modifications thereto;
Incur Indebtedness. Incur Indebtedness to CNB. The word "Indebtedness" as used herein means all debts, obligations and liabilities, currently existing or now or hereafter made, incurred or created, whether voluntary or involuntary and however arising or evidenced, whether direct or acquired by assignment or succession, whether due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined, and whether liability is individual or joint with others, all renewals, extensions and modifications thereof, and any interest rate swap or similar agreement entered into by this Corporation and all attorneys' fees and costs incurred (or allocable to CNB's in-house counsel) in connection with the negotiation, preparation, workout, collection and enforcement thereof, whether or not a lawsuit is filed;
Incur Indebtedness. Incur any Indebtedness other than: (i) the Loans and any other Obligations; (ii) open account obligations incurred in the ordinary course of business having maturities of less than 90 days(unless in the ordinary course of business extended maturities are available); (iii) Permitted Purchase Money Indebtedness; (iv) underlying cash deposits in connection with bids, tenders or leases or as security for surety or appeal bonds, security deposits, earnest money and other cash deposits incurred in the ordinary course of business, (v) Indebtedness incurred by indorsement of drafts or checks for deposxx xxxxrred in the ordinary course of business, (vi) the Life Insurance Debt, (vii) the Subordinated Debt and (viii) inter-Loan Party Indebtedness.
