Common use of Indebtedness; Capital Expenditures Clause in Contracts

Indebtedness; Capital Expenditures. Borrower shall not incur, create, assume, become or be liable in any manner with respect to, or permit to exist, any Indebtedness, except (i) the Liabilities, (ii) the HUD Financing (subject to satisfaction of Section 6.8 of the Term Loan Agreement), (iii) the Commercial Leases, and any extensions or renewals thereof, (iv) trade obligations and normal accruals in the ordinary course of business not yet due and payable, (v) the indebtedness not to at any time exceed Three Million and No/100 Dollars ($3,000,000.00) relating to the purchase money security interests and Capitalized Lease Obligations permitted pursuant to Section 9.1 hereof (which shall include the purchase of a certain electronic medical records system), (vi) intercompany Indebtedness of the Borrower to the extent permitted under Section 9.4, and (vii) the Indebtedness incurred in connection with the exercise of the purchase option contained in the Rose Terrace Lease.

Appears in 4 contracts

Samples: Revolving Loan and Security Agreement (Diversicare Healthcare Services, Inc.), Revolving Loan and Security Agreement (Diversicare Healthcare Services, Inc.), Revolving Loan and Security Agreement (Diversicare Healthcare Services, Inc.)

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Indebtedness; Capital Expenditures. Borrower shall not incur, create, assume, become or be liable in any manner with respect to, or permit to exist, any Indebtedness, except (i) the Liabilities, (ii) the HUD Financing (subject to satisfaction of Section 6.8 of the Term Loan Agreement)Mortgage Loan, (iii) the Commercial Leases, and any extensions or renewals thereof, (iv) trade obligations and normal accruals in the ordinary course of business not yet due and payable, (v) the indebtedness not to at any time exceed Three Million Seven Hundred Fifty Thousand and No/100 Dollars ($3,000,000.00750,000.00) relating to the purchase money security interests and Capitalized Lease Obligations permitted pursuant to Section 9.1 hereof (which shall include the purchase of a certain electronic medical records system)hereof, (vi) intercompany Indebtedness of the Borrower to the extent permitted under Section 9.4, (vii) the AmSouth Letter of Credit and (viiviii) the Indebtedness incurred in connection with the exercise of the purchase option contained in the Rose Terrace Lease.

Appears in 1 contract

Samples: Loan and Security Agreement (Advocat Inc)

Indebtedness; Capital Expenditures. Borrower shall not incur, create, assume, become or be liable in any manner with respect to, or permit to exist, any Indebtedness, except (i) the Liabilities, (ii) the HUD Financing (subject to satisfaction of Section 6.8 of the Affiliate Term Loan Agreement), (iii) the Commercial Leases, and any extensions or renewals thereof, (iv) trade obligations and normal accruals in the ordinary course of business not yet due and payable, (v) the indebtedness not to at any time exceed Three Million and No/100 Dollars ($3,000,000.00) relating to the purchase money security interests and Capitalized Lease Obligations permitted pursuant to Section 9.1 hereof (which shall include the purchase of a certain electronic medical records system), (vi) intercompany Indebtedness of the Borrower to the extent permitted under Section 9.4, 9.4 and (vii) the Indebtedness incurred in connection with the exercise of the purchase option contained in the Rose Terrace LeaseCARES Act Deferred Payroll Taxes.

Appears in 1 contract

Samples: Revolving Loan and Security Agreement (Diversicare Healthcare Services, Inc.)

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Indebtedness; Capital Expenditures. Borrower shall not incur, create, assume, become or be liable in any manner with respect to, or permit to exist, any Indebtedness, except (i) the Liabilities, (ii) the HUD Financing (subject to satisfaction of Section 6.8 of the Term Loan Agreement), (iii) the Commercial Leases, and any extensions or renewals thereof, (iv) trade obligations and normal accruals in the ordinary course of business not yet due and payable, (v) the indebtedness not to at any time exceed Three Million and No/100 Dollars ($3,000,000.00) relating to the purchase money security interests and Capitalized Lease Obligations permitted pursuant to Section 9.1 hereof (which shall include the purchase of a certain electronic medical records system), (vi) intercompany Indebtedness of the Borrower to the extent permitted under Section 9.4, and (vii) the Indebtedness incurred in connection with the exercise of the purchase option contained in the Rose Terrace Lease.

Appears in 1 contract

Samples: Revolving Loan and Security Agreement (Diversicare Healthcare Services, Inc.)

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