Common use of Incurrence of Indebtedness Clause in Contracts

Incurrence of Indebtedness. Immediately upon the incurrence or issuance by any Credit Party or any of its Subsidiaries of any Indebtedness (other than Indebtedness permitted pursuant to Section 7.02), the Borrower shall prepay the Obligations in an amount equal to the sum of (i) 100% of such Net Cash Proceeds so received plus (ii) the applicable Early Termination Premium (such prepayments shall be directed to the Collection Account and applied in accordance with the application of payments specified in Section 8.03).

Appears in 4 contracts

Samples: Credit Agreement (Fluent, Inc.), Credit Agreement (Fluent, Inc.), Credit Agreement (Fluent, Inc.)

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Incurrence of Indebtedness. Immediately upon the incurrence or issuance by any Credit Party or any of its Subsidiaries of any Indebtedness (other than Indebtedness permitted pursuant to Section 7.02Excluded Debt Incurrences), the Borrower Borrowers shall prepay the Obligations in an amount equal to the sum of (i) 100% of such Net Cash Proceeds so received plus (ii) the applicable Early Termination Premium (such prepayments shall be directed to the Collection Account and applied in accordance with the application of payments specified in Section 8.032.07(c)).

Appears in 3 contracts

Samples: Amendment No. 5 (American Apparel, Inc), Amendment No. 2 (American Apparel, Inc), Credit Agreement (American Apparel, Inc)

Incurrence of Indebtedness. Immediately upon the incurrence or issuance by any Credit Party or any of its Restricted Subsidiaries of any Indebtedness other than Indebtedness of the type described in Sections 7.02 (other than Indebtedness permitted pursuant to Section 7.027.02(l)), the Borrower shall prepay the Obligations Term Loans in an amount equal to the sum of (i) 100% of such Net Cash Proceeds so received plus (ii) the applicable Early Termination Premium (such prepayments shall be directed to the Collection Account and applied in accordance with the application of payments specified as set forth in Section 8.032.05(h).

Appears in 2 contracts

Samples: Term Loan Credit Agreement (PetIQ, Inc.), Term Loan Credit Agreement (PetIQ, Inc.)

Incurrence of Indebtedness. Immediately upon the incurrence or issuance receipt by any Credit Party or any of its Subsidiaries Restricted Subsidiary of any Credit Party of Net Incurrence Proceeds from the incurrence of Indebtedness (other than Net Incurrence Proceeds from the incurrence of Indebtedness permitted pursuant to Section 7.02hereunder other than Credit Agreement Refinancing Indebtedness), the Borrower Borrowers shall prepay deliver, or cause to be delivered, to the Obligations in Agent an amount equal to the sum of (i) 100% of such Net Cash Proceeds so received plus (ii) the applicable Early Termination Premium (such prepayments shall be directed Incurrence Proceeds, for application to the Collection Account and applied Loans in accordance with the application of payments specified in Section 8.031.8(f).

Appears in 2 contracts

Samples: Credit Agreement (Charah Solutions, Inc.), Credit Agreement (Charah Solutions, Inc.)

Incurrence of Indebtedness. Immediately upon the incurrence or issuance by any Credit Party or any of its Subsidiaries of any Indebtedness (other than Indebtedness permitted pursuant to Section 7.02of the type described in Sections 7.02(a), (b) and (d) through (j), the Borrower Borrowers shall prepay the Obligations in an amount equal to the sum of (i) 100% of such Net Cash Proceeds so received plus (ii) the applicable Early Termination Premium (such prepayments shall be directed to the Collection Account and applied in accordance with the application of payments specified in Section 8.032.07(d).

Appears in 2 contracts

Samples: Credit Agreement (PetIQ, Inc.), Credit Agreement (PetIQ, Inc.)

Incurrence of Indebtedness. Immediately upon the incurrence or issuance by any Credit Party or any of its Subsidiaries of any Indebtedness (other than Indebtedness permitted pursuant to Section 7.02Excluded Debt Incurrences), the Borrower Borrowers shall prepay the Obligations in an amount equal to the sum of (i) 100% of such Net Cash Proceeds so received plus (ii) the applicable Early Termination Premium (such prepayments shall be directed to the Collection DIP Funding Account and applied in accordance with the for application of payments specified in Section 8.03as provided below).

Appears in 2 contracts

Samples: Debtor in Possession Credit Agreement (American Apparel, Inc), Restructuring Support Agreement (American Apparel, Inc)

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Incurrence of Indebtedness. Immediately upon the incurrence or issuance by any Credit Party or any of its Subsidiaries of any Indebtedness (other than Indebtedness permitted pursuant to Section 7.02), the The Borrower shall prepay the Obligations (including amounts due pursuant to Section 2.03(d)) in an aggregate amount equal to 100% of the sum Net Cash Proceeds of any incurrence of Indebtedness by any Transaction Party, other than Indebtedness permitted by Section 8.03. Any prepayment pursuant to this clause (i) 100% of such Net Cash Proceeds so received plus (ii) the applicable Early Termination Premium (such prepayments shall be directed to the Collection Account and applied as set forth in accordance with the application of payments specified in Section 8.03)clause (iv) below.

Appears in 1 contract

Samples: Credit Agreement (Universal Biosensors Inc)

Incurrence of Indebtedness. Immediately upon the incurrence or issuance by any Credit Party or any of its Subsidiaries of any Indebtedness (other than Indebtedness permitted pursuant Excluded Debt Incurrences) and subject to Section 7.02)the terms of the Senior Notes Intercreditor Agreement, the Borrower Borrowers shall prepay the Obligations in an amount equal to the sum of (i) 100% of such Net Cash Proceeds so received plus (ii) the applicable Early Termination Premium (such prepayments shall be directed to the Collection Account and applied in accordance with the application of payments specified in Section 8.03a Concentration Account).

Appears in 1 contract

Samples: Credit Agreement (American Apparel, Inc)

Incurrence of Indebtedness. Immediately upon the incurrence or issuance by any Credit Party or any of its Subsidiaries of any Indebtedness (other than Indebtedness permitted pursuant to Section 7.02), the Borrower Borrowers shall prepay the Obligations in an amount equal to the sum of (i) 100% of such Net Cash Proceeds so received plus (ii) the applicable Early Termination Premium (such prepayments shall be directed to the Collection Account and applied in accordance with the application of payments specified in Section 8.03).

Appears in 1 contract

Samples: Credit Agreement

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