Incurrence of Priority Debt. The Company will not, and will not permit any Subsidiary to, directly or indirectly, create, incur, assume, guarantee, or otherwise become directly or indirectly liable with respect to, any Priority Debt, unless on the date the Company or such Subsidiary becomes liable with respect to any such Priority Debt and immediately after giving effect thereto and the concurrent retirement of any other Priority Debt,
Appears in 6 contracts
Samples: Guaranty Agreement (Tiffany & Co), Guaranty Agreement (Tiffany & Co), Note Purchase Agreement (Tiffany & Co)
Incurrence of Priority Debt. The Company will not, not and will not permit any Subsidiary to, of its Subsidiaries to directly or indirectly, indirectly create, incur, assume, guarantee, or otherwise become directly or indirectly liable with in respect to, any Priority Debt, unless on the date the Company or such Subsidiary becomes liable with respect to any such Priority Debt and immediately after giving effect thereto and the concurrent retirement of any other Priority Debt,of
Appears in 4 contracts
Samples: Note Purchase Agreement (Sunrise Medical Inc), Note Purchase Agreement (Invacare Corp), Purchase Agreement (Invacare Corp)
Incurrence of Priority Debt. The Company will not, and will not permit any Subsidiary of its Subsidiaries to, directly or indirectly, create, incur, assume, guarantee, or otherwise become directly or indirectly liable with respect to, any Priority Debt, unless on the date the Company or such Subsidiary becomes liable with respect to any such Priority Debt and immediately after giving effect thereto and the concurrent retirement of any other Priority Debt,
Appears in 1 contract
Samples: Guaranty Agreement (Tiffany & Co)
Incurrence of Priority Debt. The Company will not, and will not permit any Subsidiary to, directly or indirectly, create, incur, assume, guarantee, or otherwise become directly or indirectly liable with respect to, any Priority Debt, unless on the date the Company or such Subsidiary becomes liable with respect to any such Priority Debt and immediately after giving effect thereto and the concurrent retirement of any other Priority Debt,, (i) no Default or Event of Default would exist and (ii) Priority Debt would not exceed 15% of Consolidated Net Worth."
Appears in 1 contract
Samples: First Amendment and Waiver Agreement (Tiffany & Co)