Indebtedness Covenant. The Borrower will not, and will not permit any Subsidiary to, create, incur, assume or permit to exist any Indebtedness, except:
(a) Indebtedness created under the Loan Documents;
(b) Indebtedness existing on the Effective Date and set forth on Schedule 6.01(b) hereto and extensions, renewals and replacements of any such Indebtedness including the Alternative Financing or the issuance of the New Senior Notes that unless otherwise provided herein do not increase the outstanding principal amount or change the parties directly or indirectly responsible for payment thereof; provided that any such Alternative Financing or New Senior Notes refinancing (A) shall be unsecured, (B) shall not mature before a date eight years from such new issuance date, and (C) shall not be deemed to constitute Indebtedness;
(c) Subordinated Indebtedness;
(d) Indebtedness of the Borrower to any Domestic Subsidiary, other than Unrestricted Subsidiaries, and of any Subsidiary, other than Unrestricted Subsidiaries to the Borrower or any other Domestic Subsidiary;
(e) Unless otherwise approved by the Administrative Agent, in addition to any other Indebtedness permitted hereunder, Indebtedness of the Borrower or any Subsidiary incurred after the Effective Date as consideration for Permitted Acquisitions up to a maximum of $15,000,000 outstanding at any one time;
(f) Indebtedness of the Borrower or any Subsidiary incurred after the Effective Date to finance the acquisition, construction or improvement of any fixed or capital assets, including Capital Lease Obligations and any Indebtedness assumed in connection with the acquisition of any such assets, or secured by a Lien on any such assets prior to the acquisition thereof, and extensions, renewals and replacements of any such Indebtedness that do not increase the outstanding principal amount or change the parties directly or indirectly responsible for the payment thereof up to a maximum of $15,000,000;
(g) Indebtedness of any Subsidiary in existence (but not incurred or created in connection with an acquisition) on the date on which such Subsidiary is acquired by the Borrower, provided (i) neither the Borrower nor any of the Subsidiaries existing before giving effect to such acquisition has any obligation with respect to such Indebtedness, (ii) none of the properties of the Borrower or any of the Subsidiaries existing before giving effect to such acquisition is bound with respect to such Indebtedness and (iii) the Borrower is in complianc...
Indebtedness Covenant. Consolidated Adjusted EBITDA for the Relevant Period ended on the Computation Date
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.
(b) As used herein, "Indebtedness" means any liability or obligation (i) for borrowed money, other than trade payables incurred in the ordinary course of business, (ii) evidenced by bonds, debentures, notes, or other similar instruments, (iii) in respect of letters of credit or other similar instruments (or reimbursement obligations with respect thereto), except letters of credit or
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. Section 8.1(b) of the Loan Agreement is amended and restated in its entirety as follows:
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. 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. 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.
Indebtedness Covenant. The Company shall not permit, as of the last day of any fiscal quarter, (i) the ratio of Cash Flow to Interest Expense to be less than 2.50 to 1.00, or (ii) the ratio of Cash Flow to Debt Service to be less than 1.25 to 1.00.
Indebtedness Covenant. The Indenture shall permit Indebtedness under the Credit Agreement.