Common use of Indebtedness and Liabilities Clause in Contracts

Indebtedness and Liabilities. As of the Closing Date, neither Borrower nor any of its Subsidiaries has (a) any Indebtedness except as reflected on the Pro Forma; or (b) any Liabilities other than as (i) reflected on the Pro Forma, (ii) incurred in the ordinary course of business following the date of the Pro Forma or (iii) listed on Schedule 4.4.

Appears in 1 contract

Samples: Loan and Security Agreement (Thorn Apple Valley Inc)

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Indebtedness and Liabilities. As of the Closing Date, neither Borrower Holdings nor any of its Subsidiaries has (a) any Indebtedness except as reflected on the Pro FormaSchedule 4.4; or (b) any Liabilities other than as (i) reflected on the Pro Forma, (ii) Forma or as incurred in the ordinary course of business following the date of the Pro Forma or (iii) listed on Schedule 4.4Forma.

Appears in 1 contract

Samples: Loan and Security Agreement (Uniforce Temporary Personnel Inc)

Indebtedness and Liabilities. As of the Closing Date, ----------------------------- neither Borrower nor any of its Subsidiaries has (a) any Indebtedness except as reflected on the Pro Forma; Forma or (b) any Liabilities other than as (i) reflected on the Pro Forma, (ii) Forma or as incurred in the ordinary course of business following the date of the Pro Forma or (iii) listed on Schedule 4.4most recent financial statements delivered to Agent and Lenders.

Appears in 1 contract

Samples: Loan and Security Agreement (Gradall Industries Inc)

Indebtedness and Liabilities. As of the Closing Date, neither any Borrower nor any of its Subsidiaries has (a) any Indebtedness except as reflected on the Pro Forma; or (b) any material Liabilities other than as (i) reflected on the Pro Forma, (ii) Forma or as incurred in the ordinary course of business following since the date of the Pro Forma or (iii) listed on Schedule 4.4Forma.

Appears in 1 contract

Samples: Loan and Security Agreement (Belding Heminway Co Inc /De/)

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Indebtedness and Liabilities. As of the Closing Date, neither Borrower nor any of its Subsidiaries has (a) any Indebtedness except as reflected on the Pro Forma; or (b) any Liabilities that GAAP requires to be disclosed on Borrower's financial statements other than as (i) reflected on the Pro Forma, (ii) Forma or as incurred in the ordinary course of business following the date of the Pro Forma or (iii) listed on Schedule 4.4Forma.

Appears in 1 contract

Samples: Revolving Loan and Security Agreement (Shoppers Food Warehouse Corp)

Indebtedness and Liabilities. As of the Closing Date, neither no Borrower nor any of its Subsidiaries has (a) any Indebtedness except as reflected on the Pro Forma; or (b) any Liabilities other than as (i) reflected on the Pro Forma, (ii) Forma or as incurred in the ordinary course of business following the date of the Pro Forma or (iii) listed on Schedule 4.4Forma.

Appears in 1 contract

Samples: Loan and Security Agreement (Editek Inc)

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