Indebtedness and Preferred Equity. The Borrower will not, and will not permit any of its Subsidiaries to, create, incur, assume or suffer to exist any Indebtedness, except:
Indebtedness and Preferred Equity. Create, incur, assume or suffer to exist any Indebtedness, except:
Indebtedness and Preferred Equity. The Loan Parties will not, and will not permit any of their Subsidiaries to, create, incur, assume or suffer to exist any Indebtedness, except:
Indebtedness and Preferred Equity. The Borrower will not, and will not permit any of its Subsidiaries (other than Excluded Subsidiaries) to, create, incur, assume or suffer to exist any Indebtedness, except (i) Indebtedness incurred under the Loan Documents; (ii) Indebtedness existing on the Closing Date shown on Schedule 7.1 (without giving effect to any subsequent amendment, restatement or other modification); (iii) Indebtedness in respect of borrowed money of the Subsidiary Banks arising in the ordinary course of the banking business of the Subsidiary Banks, including indebtedness to the Borrower and to any Federal Home Loan Bank; (iv) Indebtedness of the Borrower having maturities and terms, and which is subordinated to the payment of the Notes, all in a manner approved in writing by the Required Lenders, such approval not to be unreasonably withheld; (v) Indebtedness relating to liens permitted by Section 7.2; (vi) Permitted Subordinated Debt of the Borrower to a Subsidiary (other than an Excluded Subsidiary); (vii) Indebtedness of a Subsidiary (other than an Excluded Subsidiary) to the Borrower or another Subsidiary; (viii) Capital Lease Obligations (including Guarantees of Capital Lease Obligations of the Borrower or its Subsidiaries) in any aggregate principal amount not to exceed $8,000,000 at any one time outstanding; (ix) short-term working capital Indebtedness (having maturities of 120 days or less) of Subsidiaries up to a maximum principal amount of $2,000,000; (x) the deferred purchase price of any acquisition made by the Borrower or its Subsidiaries after the Closing Date; (xi) the Trust Indebtedness and the Trust Guarantees; (xii) Hedging Obligations permitted by Section 7.10; (xiii) the endorsement of negotiable instruments for deposit or collection in the ordinary course of business, issuance of letters of credit or similar instruments or documents in the ordinary course of business; (xiv) Off-Balance Sheet Liabilities in the nature of sales of Small Business Administration loans, mortgage loans or mortgage originations; (xv) Guarantees of obligations of a Subsidiary (other than (i) with respect to leases and (ii) Excluded Subsidiaries) up to the maximum dollar amount of $5,000,000; (xvi) the Convertible Senior Notes; (xvii) obligations to repurchase equity interests of Non-Bank Subsidiaries from holders of minority interests in such Subsidiaries; (xviii) the Intercompany Subordinated Indebtedness; and (xix) other Indebtedness in an aggregate amount outstanding at any time...
Indebtedness and Preferred Equity. The Borrower will not, and will not permit any of its Subsidiaries to and, to the extent permitted by applicable law, the Borrower will use commercially reasonable efforts to cause the Material Associated Practices not to, create, incur, assume or suffer to exist any Indebtedness, except:
Indebtedness and Preferred Equity. Parent will not, and will not permit any of its Subsidiaries to, create, incur, assume or suffer to exist any Indebtedness, except:
Indebtedness and Preferred Equity. Section 7.2. Negative Pledge
Indebtedness and Preferred Equity. The Borrower will not cause or permit any member of the Consolidated Group to create, incur, assume or suffer to exist any Indebtedness, except:
Indebtedness and Preferred Equity. 54 SECTION 7.2. NEGATIVE PLEDGE.............................................. 56 SECTION 7.3. FUNDAMENTAL CHANGES.......................................... 56 SECTION 7.4. INVESTMENTS, LOANS, ETC...................................... 57 SECTION 7.5. RESTRICTED PAYMENTS.......................................... 58 SECTION 7.6.
Indebtedness and Preferred Equity. (a) No Borrower will, nor will any Borrower permit any Restricted Subsidiary to, create, incur, assume or suffer to exist any Indebtedness (other than Indebtedness incurred by a Borrower and owing to another Borrower or a Subsidiary Loan Party or Indebtedness of any Subsidiary to a Borrower or to another Subsidiary Loan Party of the Borrowers), if, after giving effect thereto, an Event of Default would occur and be continuing.
