Common use of Indebtedness and Guaranty Obligations Clause in Contracts

Indebtedness and Guaranty Obligations. Create, incur or assume any Indebtedness or Guaranty Obligation EXCEPT: (a) Indebtedness and Guaranty Obligations existing on the Closing Date and disclosed in SCHEDULE 6.10, and refinancings, renewals, extensions or amendments that do not increase the amount thereof; (b) Indebtedness and Guaranty Obligations under the Loan Documents; (c) Indebtedness and Guaranty Obligations owed to Borrower or any of its Subsidiaries; (d) Indebtedness consisting of Capital Lease Obligations, or otherwise incurred to finance the purchase or construction of capital assets (which shall be deemed to exist if the Indebtedness is incurred at or within 90 days before or after the purchase or construction of the capital asset), or to refinance any such Indebtedness; (e) Subordinated Obligations in such amount as may be approved in writing by Lender; (f) Indebtedness consisting of debt securities for which the Net Cash Issuance Proceeds will be applied as a mandatory prepayment pursuant to Section 3.1(f); and (g) Guaranty Obligations in support of the obligations of a Wholly-Owned Subsidiary, PROVIDED that such obligations are not prohibited by this Agreement.

Indebtedness and Guaranty Obligations. Create, incur or assume ------------------------------------- any Indebtedness or Guaranty Obligation EXCEPT:except: ------ (a) Indebtedness and Guaranty Obligations existing on the Closing Date and disclosed in SCHEDULE 6.10Schedule 6.9, and refinancings, renewals, ------------ extensions or amendments that do not increase the amount thereof; (b) Indebtedness and Guaranty Obligations under the Loan Documents; (c) Indebtedness and Guaranty Obligations owed to Borrower or any of its Subsidiaries; (d) Indebtedness of an Acquired Company that is secured solely by a Lien permitted by Section 6.8(e) ; ------ (e) Indebtedness consisting of Capital Lease Obligations, or otherwise incurred to finance the purchase or construction of capital assets (which shall be deemed to exist if the Indebtedness is incurred at or within 90 days before or after the purchase or construction of the capital asset), or to refinance any such Indebtedness; , provided that the -------- principal amount of such Indebtedness incurred in any period of four (e4) Subordinated Obligations consecutive Fiscal Quarters does not exceed $2,000,000 in such amount as may be approved in writing by Lenderthe aggregate; (f) Indebtedness consisting of debt securities for which the Net Cash Issuance Proceeds will be applied as a mandatory prepayment pursuant to Section 3.1(f)Interest Rate Protection Agreements; and (g) Guaranty Obligations in support of the obligations of a Wholly-Owned Subsidiary, PROVIDED provided that such obligations are not prohibited -------- by this Agreement.

Indebtedness and Guaranty Obligations. Create, incur or assume any Indebtedness or Guaranty Obligation EXCEPT:except the following (“Permitted Indebtedness”): (a) 7.8.1 Indebtedness and Guaranty Obligations existing on the Closing Date and disclosed in SCHEDULE 6.10, and refinancings, renewals, extensions or amendments that do not increase the amount thereofSchedule 7.8; (b) 7.8.2 Indebtedness and Guaranty Obligations under the Loan Documents; (c) 7.8.3 Purchase money Indebtedness and Guaranty Obligations owed to Borrower or any of its Subsidiaries; (d) Indebtedness consisting of Capital Lease Obligations, or otherwise Obligations incurred to finance the purchase or construction of capital assets (which shall be deemed to exist if the Indebtedness or Capitalized Lease Obligation is incurred at or within 90 ninety (90) days before or after the purchase or construction of the capital asset), or ) in an aggregate amount not to refinance exceed $5,000,000 outstanding at any such Indebtednessone time; 7.8.4 Any extension, renewal or refinancing (ebut not the increase in the aggregate principal amount) of the Indebtedness described in Section 7.8.1 or 7.8.3; 7.8.5 Subordinated Obligations Debt in such amount as may be approved in writing by Lenderthe Required Lenders; (f) 7.8.6 Indebtedness consisting of debt securities Interest Rate Protection Agreements; 7.8.7 Indebtedness arising from agreements of Borrower or any Subsidiary providing for which the Net Cash Issuance Proceeds will be applied as a mandatory prepayment pursuant to Section 3.1(f); andindemnification and adjustment of purchase price incurred in connection with any Permitted Acquisition; (g) 7.8.8 Guaranty Obligations in support of the obligations of a Wholly-Owned Subsidiary, PROVIDED provided that such obligations are not prohibited by this Agreement.; 7.8.9 Indebtedness of a Person acquired in a Permitted Acquisition which is outstanding at the time of such Acquisition (other than Indebtedness incurred solely in contemplation of such Acquisition);

Indebtedness and Guaranty Obligations. Create, incur or assume any Indebtedness or Guaranty Obligation EXCEPTexcept: (a) Indebtedness and Guaranty Obligations existing on the Closing Date and disclosed in SCHEDULE 6.10Schedule 6.9, and refinancings, renewals, extensions or amendments that do not increase the amount thereof; (b) Indebtedness and Guaranty Obligations under the Loan Documents; (c) Indebtedness and Guaranty Obligations owed to Borrower or any of its Subsidiaries; (d) Indebtedness of an Acquired Company (i) that is the subject of an Acquisition made on or before August 1, 2000 which is secured solely by a Lien permitted by Section 6.8(e), (ii) that is the subject of an Acquisition made after August 1, 2000 which is owed to a Person that is not the seller of the Acquired Company, or an Affiliate of such seller, that is secured solely by a Lien permitted by Section 6.8(e) and (iii) that is the subject of an Acquisition made after August 1, 2000 which is owed to the seller of the Acquired Company, or an Affiliate of such seller, that is secured solely by a Lien permitted by Section 6.8(e); provided that the aggregate principal Indebtedness permitted by this clause (iii) shall not at any time exceed $10,000,000; (e) Without duplication with Indebtedness permitted under Section 6.9(g), Indebtedness consisting of Capital Lease Obligations, or otherwise incurred to finance the purchase or construction of capital assets (which shall be deemed to exist if the Indebtedness is incurred at or within 90 days before or after the purchase or construction of the capital asset), or to refinance any such Indebtedness; , provided that the principal amount of such Indebtedness incurred in any period of four (e4) Subordinated Obligations consecutive Fiscal Quarters does not exceed $2,000,000 in such amount as may be approved in writing by Lenderthe aggregate; (f) Indebtedness consisting of debt securities Interest Rate Protection Agreements; (g) Without duplication with Indebtedness permitted under Section 6.9(e), Indebtedness for which Real Property leases constituting Capital Lease Obligations in accordance with paragraph 7 of Financial Accounting Standards Board Statement No. 13, provided that the Net Cash Issuance Proceeds will be applied as a mandatory prepayment pursuant to Section 3.1(f)outstanding amount of such Indebtedness does not exceed $10,000,000 in the aggregate at any time; and (gh) Guaranty Obligations in support of the obligations of a Wholly-Owned Subsidiary, PROVIDED provided that such obligations are not prohibited by this Agreement.

Indebtedness and Guaranty Obligations. Create, incur or assume any Indebtedness or Guaranty Obligation EXCEPTexcept: (a) Indebtedness and Guaranty Obligations existing on the Closing Date and disclosed in SCHEDULE 6.10Schedule 6.9, and refinancings, renewals, extensions or amendments that do not increase the amount thereof; (b) Indebtedness and Guaranty Obligations under the Loan Documents; (c) Indebtedness and Guaranty Obligations owed to Borrower or any of its SubsidiariesRestricted Subsidiary; (d) Indebtedness under the TEGP Loan Agreement and Guaranty Obligations in support thereof; (e) Indebtedness consisting of Capital Lease Obligations, or otherwise incurred to finance the purchase or construction of capital assets (which shall be deemed to exist if the Indebtedness is incurred at or within 90 days before or after the purchase or construction of the capital asset), or to refinance any such Indebtedness; (e) Subordinated Obligations in , provided that the aggregate principal amount of such amount as may be approved in writing by LenderIndebtedness outstanding at any time does not exceed $20,000,000; (f) Indebtedness consisting of debt securities for which one or more Swap Agreements; provided, that the Net Cash Issuance Proceeds will be applied as a mandatory prepayment pursuant to Section 3.1(f); andaggregate notional amount of Indebtedness covered by all Secured Swap Agreements shall not exceed $180,000,000; (g) New Subordinated Debt; (h) Guaranty Obligations in support of the obligations of a Wholly-Owned Restricted Subsidiary, PROVIDED ; and (i) Guaranty Obligations (including Completion Guaranties) in support of the obligations of Persons other than a Restricted Subsidiary provided that the obligations under such obligations Guaranty Obligations are not prohibited by this Agreementsubordinated in right of payment to the Obligations pursuant to subordination provisions acceptable to the Administrative Agent.