Indebtedness Covenant. The Borrower will not, and will not permit any Subsidiary to, create, incur, assume or permit to exist any Indebtedness, except:
Indebtedness Covenant. (a) Until all of the Company's obligations hereunder are paid and performed in full, the Company shall not, without the prior consent of the Investor, incur any Indebtedness other than (i) the obligations incurred hereby or pursuant to the Other Purchase Agreements not exceeding $2,400,000 in principal in the aggregate outstanding at any time, (ii) obligations to Textron Financial Corporation, or its successors or assigns, not exceeding $7,500,000 in principal in the aggregate outstanding at any time, (iii) obligations to Wachovia Bank, N.A., or its successors or assigns, not exceeding $11,000,000 in principal in the aggregate outstanding at any time, and (iv) any other indebtedness not otherwise permitted by this Section 2.5 not exceeding $5,000,000 in principal in the aggregate outstanding at any time.
Indebtedness Covenant. Except for Debt incurred in respect of the Transaction, not create, incur, assume, guarantee, permit to exist or otherwise become directly or indirectly liable for or in respect of any Debt or other obligation or purchase any asset (whether or not pursued for gain or other pecuniary advantage), except in accordance with or as permitted by the Transaction Documents.
Indebtedness Covenant. Effective on the Amendment Effective Date, Section 9.4 of the Credit Agreement is hereby amended to add the following new subsection (k) thereto:
Indebtedness Covenant. Effective on the Amendment Effective Date, Section 9.4 of the Credit Agreement is hereby amended to delete subpart (j) therefrom and insert in place thereof the following:
Indebtedness Covenant. Section 8.1(b) of the Loan Agreement is amended and restated in its entirety as follows:
Indebtedness Covenant. (a) The Company shall not permit, (i) as of the last day of any fiscal quarter the ratio of Cash Flow to Debt Service to be less than 1.25 to 1.00 or (ii) as of the last day of any fiscal quarter the ratio of Cash Flow to Interest Expense to be less than the respective ratios set forth below for the respective quarters ending on the dates set forth below: Fiscal Quarter End Dates Ratio March 31, 2001 2.00 to 1.00 June 30, 2001 1.60 to 1.00 September 30, 2001 and thereafter 2.50 to 1.00
Indebtedness Covenant. Section 9.9 of the Loan Agreement is hereby amended by adding the following clauses at the end of such Section: “(n) to the extent it constitutes Indebtedness, any Indebtedness incurred in connection with the price adjustment, contingency payment, the copper purchase and the financial assurance set forth in Sections 1.4, 1.5, 1.6 and 4.10 of the Stock Purchase Agreement. (o) any Indebtedness incurred in connection with Section 3 of Amendment No. 1.” 7.5
Indebtedness Covenant. (a) Section 9.9(f) of the Loan Agreement is hereby amended by deleting the sentence in the paranthesis in the third and fourth lines thereof and replacing same with the following sentence: “ (provided that no such refinancing, refunding, extension, renewal or replacements increase the principal amount thereof in effect as of the Amendment No. 1 Effective Date (as defined in the Working Capital Loan Amendment).”
Indebtedness Covenant. (i) Section 6.01(a)(i) is amended by adding the following immediately preceding the semicolon therein: “and any refinancing of any portion thereof using the proceeds of unsecured Indebtedness qualifying as a Permitted Refinancing”; and
