Common use of Incurrence of Indebtedness Clause in Contracts

Incurrence of Indebtedness. Except for Debt incurred pursuant to the Company Note and liabilities incurred pursuant to or in connection with the Transaction Documents or otherwise permitted therein, the Seller shall not (i) create, incur or permit to exist any Debt or liability, (ii) cause or permit to be issued for its account any letters of credit or bankers’ acceptances, or (iii) enter into any swap or derivative contract.

Appears in 5 contracts

Samples: Receivables Purchase Agreement (KAR Auction Services, Inc.), Receivables Purchase Agreement (KAR Auction Services, Inc.), Receivables Purchase Agreement (KAR Auction Services, Inc.)

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Incurrence of Indebtedness. Except for Debt incurred pursuant to the Company Note and liabilities incurred pursuant to or in connection with the Transaction Documents or otherwise permitted therein, the No Seller shall not (i) create, incur or permit to exist exist, any Debt (or liabilityany Buy-Back Obligations, as defined in the Credit Agreement) or (ii) cause or permit to be issued for its account any letters of credit or bankers’ acceptances, except for indebtedness incurred pursuant to the Company Notes or (iii) enter into any swap incurred pursuant to or derivative contractin connection with the Agreement or otherwise permitted by the Agreement.

Appears in 4 contracts

Samples: Receivables Purchase Agreement (Manitowoc Co Inc), Receivables Purchase Agreement (Manitowoc Co Inc), Receivables Purchase Agreement (Manitowoc Co Inc)

Incurrence of Indebtedness. Except The Seller shall not (i) create, incur or permit to exist any Debt or liability or (ii) cause or permit to be issued for its account any letters of credit or bankers’ acceptances, except for Debt incurred pursuant to the Company Note and liabilities incurred pursuant to or in connection with the Transaction Documents or otherwise permitted therein, the Seller shall not (i) create, incur or permit to exist any Debt or liability, (ii) cause or permit to be issued for its account any letters of credit or bankers’ acceptances, or (iii) enter into any swap or derivative contract.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (KAR Auction Services, Inc.), Receivables Purchase Agreement (Carbuyco, LLC), Receivables Purchase Agreement (Adesa California, LLC)

Incurrence of Indebtedness. Except for Debt incurred pursuant to the Company Note and liabilities incurred pursuant to or in connection with the Transaction Documents or otherwise permitted therein, the The Seller shall not (i) create, incur or permit to exist exist, any Debt (or liabilityany Buy-Back Obligations, as defined in the Credit Agreement) or (ii) cause or permit to be issued for its account any letters of credit or bankers’ acceptances, except for indebtedness incurred pursuant to the Company Notes or (iii) enter into any swap incurred pursuant to or derivative contractin connection with the Agreement or otherwise permitted by the Agreement.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Manitowoc Foodservice, Inc.), Receivables Purchase Agreement (Manitowoc Co Inc), Receivables Purchase Agreement (Manitowoc Co Inc)

Incurrence of Indebtedness. Except The Seller shall not (i) create, incur or permit to exist, any Debt or liability or (ii) cause or permit to be issued for its account any letters of credit or bankers’ acceptances, except for Debt incurred pursuant to the Company Note and liabilities incurred pursuant to or in connection with the Transaction Documents or otherwise permitted therein, the Seller shall not (i) create, incur or permit to exist any Debt or liability, (ii) cause or permit to be issued for its account any letters of credit or bankers’ acceptances, or (iii) enter into any swap or derivative contract.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (KAR Auction Services, Inc.), Receivables Purchase Agreement (Adesa Inc)

Incurrence of Indebtedness. Except for Debt incurred pursuant to the Company Note and liabilities incurred pursuant to or in connection with the Transaction Documents or otherwise permitted therein, the The Seller shall not (i) create, incur or permit to exist exist, any Debt or liability, (ii) cause or permit to be issued for its account any letters of credit or bankers’ acceptances, except for Debt incurred pursuant to the Company Notes or (iii) enter into any swap incurred pursuant to or derivative contractin connection with the Agreement or otherwise permitted by the Agreement.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Johnsondiversey Holdings Inc)

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Incurrence of Indebtedness. Except for Debt incurred pursuant to the Company Note and liabilities incurred pursuant to or in connection with the Transaction Documents or otherwise permitted therein, the The Seller shall not -------------------------- (i) create, incur or permit to exist exist, any Debt or liability, liability or (ii) cause or permit to be issued for its account any letters of credit or bankers' acceptances, except for Debt incurred in the ordinary course of business and not exceeding $5,000 and liabilities incurred pursuant to or (iii) enter into any swap in connection with the Transaction Documents or derivative contractotherwise permitted therein.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Mail Well Inc)

Incurrence of Indebtedness. Except for Debt incurred pursuant to the Company Note and liabilities incurred pursuant to or in connection with the Transaction Documents or otherwise permitted therein, the The Seller shall not (i) create, incur or permit to exist any Debt or liability, (ii) cause or permit to be issued for its account any letters of credit or bankers’ acceptances, except for Debt incurred pursuant to the Company Note and liabilities incurred pursuant to or in connection with the Transaction Documents or otherwise permitted therein or (iii) enter into any swap or derivative contract.

Appears in 1 contract

Samples: Receivables Purchase Agreement (KAR Auction Services, Inc.)

Incurrence of Indebtedness. Except for Debt incurred pursuant to the Company Note and liabilities incurred pursuant to or in connection with the Transaction Documents or otherwise permitted therein, the The Seller shall not (i) create, incur or permit to exist exist, any Debt or liability, liability or (ii) cause or permit to be issued for its account any letters of credit or bankers’ acceptances, except for Debt incurred pursuant to the Company Notes and liabilities incurred pursuant to or (iii) enter into any swap in connection with the Transaction Documents or derivative contractotherwise permitted therein.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Pilgrims Pride Corp)

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