Common use of Indebtedness and Contingent Liabilities Clause in Contracts

Indebtedness and Contingent Liabilities. The Borrower will not incur, create, issue, assume or suffer to exist any Indebtedness or agree to maintain the net worth of or working capital of, or provide funds to, satisfy any other financial covenants applicable to, any other Person, except: (a) Indebtedness under this Agreement and the other Loan Documents; (b) Current liabilities of the Borrower, other than for borrowed money, incurred in the ordinary course of business; (c) Indebtedness (other than Indebtedness permitted under Sections 9.9(a), 9.9(d) and 9.9(e)) in an aggregate amount not to exceed at any time $50,000,000; provided, however, that the sum of the Borrower's Indebtedness permitted under this Section 9.9(c) and the Borrower's guarantees permitted under Section 9.9(d) below shall not exceed at any time an aggregate amount of $125,000,000; (d) Guarantees by the Borrower of Indebtedness for borrowed money of Interra Lending Services in an aggregate amount not to exceed at any time $100,000,000; provided, however, that (i) such guarantees shall be permitted only for so long as the Borrower and Interra Lending Services are in compliance with each of the following requirements: (A) the credit facilities under which Interra Lending Services has incurred such guaranteed Indebtedness are made available by one or more of the Banks, (B) the aggregate amount of such guaranteed Indebtedness which Interra Lending Services may borrow under such credit facilities shall not exceed at any time an aggregate amount of $100,000,000, (C) all of such guaranteed Indebtedness shall be secured by Interra Lending Services' pledge of the underlying loans made by Interra Lending Services to its customers, including the stock pledged by customers of Interra Lending Services to Interra Lending Services, (D) if the stock pledged by the customers of Interra Lending Services to Interra Lending Services are subject to Rule 144/Rule 145 restrictions, such pledged stock meets Rule 144/Rule 145 requirements for saleability and are not subject to a lockup or other restrictions; and (E) all loans made by Interra Lending Services to its customers meet the following maximum loan to market value collateral requirements with respect to the stock pledged by such customers: (1) with respect to each loan at the time such loan is made, the ratio of the loan amount to the market value of the pledged stock is not more than 50% and (2) with respect to each loan at all times after the time such loan is made, the ratio of the loan amount to the market value of the pledged stock value is not more than 65%; and (ii) the sum of the Borrower's guarantees of Indebtedness for borrowed money of Interra Lending Services permitted under this Section 9.9(d) and the Borrower's Indebtedness permitted under Section 9.9(c) above shall not exceed at any time the aggregate amount of $125,000,000; (e) Guaranties by the Borrower of existing subordinated loans to Dain Bosworth and Rauscher Pierce Refsnes in the aggregate xxxxxx xx $00,083,000 xx xx xxx xate of this Agreement and maturing on October 1, 1998; provided, however, that this exception shall not apply to any extension or renewal of such loans or to any increase in the principal amounts thereof.

Indebtedness and Contingent Liabilities. The Borrower will not incur, create, issue, assume or suffer to exist any Indebtedness or agree to maintain the net worth of or working capital of, or provide funds to, satisfy any other financial covenants applicable to, any other Person, except: (a) Indebtedness under this Agreement and the other Loan Documents; (b) Current liabilities of the Borrower, other than for borrowed money, incurred in the ordinary course of business; (c) Guarantees by the Borrower of Indebtedness (other than Indebtedness permitted under Sections 9.9(a), 9.9(d) and 9.9(e)) for borrowed money of Xxxx Xxxxxxxx Lending Services in an aggregate amount not to exceed at any time $50,000,000; providedPROVIDED, howeverHOWEVER, that the sum of the Borrower's Indebtedness permitted under this Section 9.9(c) and the Borrower's guarantees permitted under Section 9.9(d) below shall not exceed at any time an aggregate amount of $125,000,000; (d) Guarantees by the Borrower of Indebtedness for borrowed money of Interra Lending Services in an aggregate amount not to exceed at any time $100,000,000; provided, however, that (i) such guarantees shall be permitted only for so long as the Borrower and Interra Xxxx Xxxxxxxx Lending Services are in compliance with each of the following requirements: (A) the credit facilities under which Interra Xxxx Xxxxxxxx Lending Services has incurred such guaranteed Indebtedness are made available by one or more of the Banks, (B) the aggregate amount of such guaranteed Indebtedness which Interra Xxxx Xxxxxxxx Lending Services may borrow under such credit facilities shall not exceed at any time an aggregate amount of $100,000,00050,000,000, (C) all of such guaranteed Indebtedness shall be secured by Interra Xxxx Xxxxxxxx Lending Services' pledge of the underlying loans made by Interra Xxxx Xxxxxxxx Lending Services to its customers, including the stock pledged by customers of Interra Xxxx Xxxxxxxx Lending Services to Interra Xxxx Xxxxxxxx Lending Services, and (D) if the stock pledged by the customers of Interra Lending Services to Interra Lending Services are subject to Rule 144/Rule 145 restrictions, such pledged stock meets Rule 144/Rule 145 requirements for saleability and are not subject to a lockup or other restrictions; and (E) all loans made by Interra Xxxx Xxxxxxxx Lending Services to its customers meet the following maximum loan to market value collateral requirements with respect to the stock pledged by such customers: (1) with respect to each loan at the time such loan is made, the ratio of the loan amount to the market value of the pledged stock is not more than 50% and (2) with respect to each loan at all times after the time such loan is made, the ratio of the loan amount to the market value of the pledged stock value is not more than 65%; and ;; (iid) the sum of The WAH Subordinated Debentures; (e) Indebtedness (other than Indebtedness permitted under SECTION 9.9(a)) in an aggregate amount not to exceed at any time $150,000,000 (the Borrower's guarantees of Indebtedness for borrowed money of Interra Xxxx Xxxxxxxx Lending Services permitted under this Section 9.9(dSECTION 9.9(c) above and the WAH Subordinated Debentures shall be included as Indebtedness for purposes of determining the Borrower's Indebtedness permitted under Section 9.9(c) above shall not exceed at any time compliance with the aggregate amount of $125,000,000; (e) Guaranties by the Borrower of existing subordinated loans to Dain Bosworth and Rauscher Pierce Refsnes in the aggregate xxxxxx xx $00,083,000 xx xx xxx xate 150,000,000 requirement of this Agreement and maturing on October 1, 1998; provided, however, that this exception shall not apply to any extension or renewal of such loans or to any increase in the principal amounts thereofSECTION 9.9(e).

Indebtedness and Contingent Liabilities. The Borrower will not incur, create, issue, assume or suffer to exist any Indebtedness or agree to maintain the net worth of or working capital of, or provide funds to, satisfy any other financial covenants applicable to, any other Person, except: (a) Indebtedness under this Agreement and the other Loan Documents; (b) Current liabilities of the Borrower, other than for borrowed money, incurred in the ordinary course of business; (c) Indebtedness (other than Indebtedness permitted under Sections SECTIONS 9.9(a), 9.9(d) and 9.9(e)) in an aggregate amount not to exceed at any time $50,000,000; providedPROVIDED, howeverHOWEVER, that the sum of the Borrower's Indebtedness permitted under this Section SECTION 9.9(c) and the Borrower's guarantees permitted under Section SECTION 9.9(d) below shall not exceed at any time an aggregate amount of $125,000,000125,000,000 (the WAH Subordinated Debentures (i) shall not be included as Indebtedness for purposes of determining the Borrower's compliance with the $50,000,000 requirement of this SECTION 9.9(c) and (ii) shall be included as Indebtedness for purposes of determining the Borrower's compliance with the $125,000,000 requirement of this SECTION 9.9(c); (d) Guarantees by the Borrower of Indebtedness for borrowed money of Interra Xxxx Xxxxxxxx Lending Services in an aggregate amount not to exceed at any time $100,000,000; providedPROVIDED, howeverHOWEVER, that (i) such guarantees shall be permitted only for so long as the Borrower and Interra Xxxx Xxxxxxxx Lending Services are in compliance with each of the following requirements: (A) the credit facilities under which Interra Xxxx Xxxxxxxx Lending Services has incurred such guaranteed Indebtedness are made available by one or more of the Banks, (B) the aggregate amount of such guaranteed Indebtedness which Interra Xxxx Xxxxxxxx Lending Services may borrow under such credit facilities shall not exceed at any time an aggregate amount of $100,000,000, (C) all of such guaranteed Indebtedness shall be secured by Interra Xxxx Xxxxxxxx Lending Services' pledge of the underlying loans made by Interra Xxxx Xxxxxxxx Lending Services to its customers, including the stock pledged by customers of Interra Xxxx Xxxxxxxx Lending Services to Interra Xxxx Xxxxxxxx Lending Services, (D) if the stock pledged by the customers of Interra Xxxx Xxxxxxxx Lending Services to Interra Xxxx Xxxxxxxx Lending Services are subject to Rule 144/Rule 145 restrictions, such pledged stock meets Rule 144/Rule 145 requirements for saleability and are not subject to a lockup or other restrictions; and (E) all loans made by Interra Xxxx Xxxxxxxx Lending Services to its customers meet the following maximum loan to market value collateral requirements with respect to the stock pledged by such customers: (1) with respect to each loan at the time such loan is made, the ratio of the loan amount to the market value of the pledged stock is not more than 50% and (2) with respect to each loan at all times after the time such loan is made, the ratio of the loan amount to the market value of the pledged stock value is not more than 65%; and (ii) the sum of the Borrower's guarantees of Indebtedness for borrowed money of Interra Xxxx Xxxxxxxx Lending Services permitted under this Section SECTION 9.9(d) and the Borrower's Indebtedness permitted under Section SECTION 9.9(c) above shall not exceed at any time the aggregate amount of $125,000,000125,000,000 (the WAH Subordinated Debentures shall be included as Indebtedness for purposes of determining the Borrower's compliance with the $125,000,000 requirement of this SECTION 9.9(d)(ii)); (e) Guaranties by the Borrower of existing subordinated loans to Dain Bosworth Xxxx Xxxxxxxx and Rauscher Pierce Xxxxxxxx Xxxxxx Refsnes in the aggregate xxxxxx xx amount of $00,083,000 xx xx xxx xate 15,083,324 as of the date of this Agreement and maturing on October 1, 1998; provided, however, that this exception shall not apply to any extension or renewal of such loans or to any increase in the principal amounts thereof; (f) The WAH Subordinated Debentures.

Indebtedness and Contingent Liabilities. The Borrower will not incur, create, issue, assume or suffer to exist any Indebtedness or agree to maintain the net worth of or working capital of, or provide funds to, satisfy any other financial covenants applicable to, any other Person, except: (a) Indebtedness under this Agreement and the other Loan DocumentsBorrower's Revolving Credit Agreement; (b) Current liabilities of the Borrower, other than for borrowed money, incurred in the ordinary course of business; (c) Guarantees by the Borrower of Indebtedness (other than Indebtedness permitted under Sections 9.9(a), 9.9(d) and 9.9(e)) for borrowed money of Dain Xxxxxxxx Xxxding Services in an aggregate amount not to exceed at any time $50,000,000; provided, however, that the sum of the Borrower's Indebtedness permitted under this Section 9.9(c) and the Borrower's guarantees permitted under Section 9.9(d) below shall not exceed at any time an aggregate amount of $125,000,000; (d) Guarantees by the Borrower of Indebtedness for borrowed money of Interra Lending Services in an aggregate amount not to exceed at any time $100,000,000; provided, however, that (i) such guarantees shall be permitted only for so long as the Borrower and Interra Lending Dain Xxxxxxxx Xxxding Services are in compliance with each of the following requirements: (A) the credit facilities under which Interra Lending Dain Xxxxxxxx Xxxding Services has incurred such guaranteed Indebtedness are made available by one or more of the Banks, (B) the aggregate amount of such guaranteed Indebtedness which Interra Lending Dain Xxxxxxxx Xxxding Services may borrow under such credit facilities shall not exceed at any time an aggregate amount of $100,000,00050,000,000, (C) all of such guaranteed Indebtedness shall be secured by Interra Lending Dain Xxxxxxxx Xxxding Services' pledge of the underlying loans made by Interra Lending Dain Xxxxxxxx Xxxding Services to its customers, including the stock pledged by customers of Interra Lending Dain Xxxxxxxx Xxxding Services to Interra Dain Xxxxxxxx Lending Services, and (D) if the stock pledged by the customers of Interra Lending Services to Interra Lending Services are subject to Rule 144/Rule 145 restrictions, such pledged stock meets Rule 144/Rule 145 requirements for saleability and are not subject to a lockup or other restrictions; and (E) all loans made by Interra Lending Dain Xxxxxxxx Xxxding Services to its customers meet the following maximum loan to market value collateral requirements with respect to the stock pledged by such customers: (1) with respect to each loan at the time such loan is made, the ratio of the loan amount to the market value of the pledged stock is not more than 50% and (2) with respect to each loan at all times after the time such loan is made, the ratio of the loan amount to the market value of the pledged stock value is not more than 65%; ; (d) The WAH Subordinated Debentures; (e) Indebtedness (other than Indebtedness permitted under Section 9.9(a)) in an aggregate amount not to exceed at any time $150,000,000 (the Borrower's Indebtedness under this Agreement and (ii) the sum of other Loan Documents, the Borrower's guarantees of Indebtedness for borrowed money of Interra Lending Dain Xxxxxxxx Xxxding Services permitted under this Section 9.9(d) and the Borrower's Indebtedness permitted under Section 9.9(c) above and the WAH Subordinated Debentures shall not exceed at any time be included as Indebtedness for purposes of determining the aggregate amount of Borrower's compliance with the $125,000,000; (e) Guaranties by the Borrower of existing subordinated loans to Dain Bosworth and Rauscher Pierce Refsnes in the aggregate xxxxxx xx $00,083,000 xx xx xxx xate 150,000,000 requirement of this Agreement and maturing on October 1, 1998; provided, however, that this exception shall not apply to any extension or renewal of such loans or to any increase in the principal amounts thereofSection 9.9(e).

Indebtedness and Contingent Liabilities. The Borrower will not incur, create, issue, assume or suffer to exist any Indebtedness or agree to maintain the net worth of or working capital of, or provide funds to, satisfy any other financial covenants applicable to, any other Person, except: (a) Indebtedness under this Agreement and the other Loan Documents; (b) Current liabilities of the Borrower, other than for borrowed money, incurred in the ordinary course of business; (c) Indebtedness (other than Indebtedness permitted under Sections 9.9(a), 9.9(d) and 9.9(e)) in an aggregate amount not to exceed at any time $50,000,000; provided, however, that the sum of the Borrower's Indebtedness permitted under this Section 9.9(c) and the Borrower's guarantees permitted under Section 9.9(d) below shall not exceed at any time an aggregate amount of $125,000,000125,000,000 (the WAH Subordinated Debentures (i) shall not be included as Indebtedness for purposes of determining the Borrower's compliance with the $50,000,000 requirement of this Section 9.9(c) and (ii) shall be included as Indebtedness for purposes of determining the Borrower's compliance with the $125,000,000 requirement of this Section 9.9(c); (d) Guarantees by the Borrower of Indebtedness for borrowed money of Interra Xxxx Xxxxxxxx Lending Services in an aggregate amount not to exceed at any time $100,000,000; provided, however, that (i) such guarantees shall be permitted only for so long as the Borrower and Interra Xxxx Xxxxxxxx Lending Services are in compliance with each of the following requirements: (A) the credit facilities under which Interra Xxxx Xxxxxxxx Lending Services has incurred such guaranteed Indebtedness are made available by one or more of the Banks, (B) the aggregate amount of such guaranteed Indebtedness which Interra Xxxx Xxxxxxxx Lending Services may borrow under such credit facilities shall not exceed at any time an aggregate amount of $100,000,000, (C) all of such guaranteed Indebtedness shall be secured by Interra Xxxx Xxxxxxxx Lending Services' pledge of the underlying loans made by Interra Xxxx Xxxxxxxx Lending Services to its customers, including the stock pledged by customers of Interra Xxxx Xxxxxxxx Lending Services to Interra Xxxx Xxxxxxxx Lending Services, (D) if the stock pledged by the customers of Interra Xxxx Xxxxxxxx Lending Services to Interra Xxxx Xxxxxxxx Lending Services are subject to Rule 144/Rule 145 restrictions, such pledged stock meets Rule 144/Rule 145 requirements for saleability and are not subject to a lockup or other restrictions; and (E) all loans made by Interra Xxxx Xxxxxxxx Lending Services to its customers meet the following maximum loan to market value collateral requirements with respect to the stock pledged by such customers: (1) with respect to each loan at the time such loan is made, the ratio of the loan amount to the market value of the pledged stock is not more than 50% and (2) with respect to each loan at all times after the time such loan is made, the ratio of the loan amount to the market value of the pledged stock value is not more than 65%; and (ii) the sum of the Borrower's guarantees of Indebtedness for borrowed money of Interra Xxxx Xxxxxxxx Lending Services permitted under this Section 9.9(d) and the Borrower's Indebtedness permitted under Section 9.9(c) above shall not exceed at any time the aggregate amount of $125,000,000125,000,000 (the WAH Subordinated Debentures shall be included as Indebtedness for purposes of determining the Borrower's compliance with the $125,000,000 requirement of this Section 9.9(d)(ii)); (e) Guaranties by the Borrower of existing subordinated loans to Dain Bosworth Xxxx Xxxxxxxx and Rauscher Pierce Xxxxxxxx Xxxxxx Refsnes in the aggregate xxxxxx xx amount of $00,083,000 xx xx xxx xate 15,083,324 as of the date of this Agreement and maturing on October 1, 1998; provided, however, that this exception shall not apply to any extension or renewal of such loans or to any increase in the principal amounts thereof; (f) The WAH Subordinated Debentures.