Common use of Indebtedness; Disqualified Stock Clause in Contracts

Indebtedness; Disqualified Stock. (a) Create, incur, assume, guarantee, suffer to exist or otherwise become or remain liable with respect to, any Indebtedness, except Permitted Indebtedness, or (b) issue Disqualified Stock.

Appears in 16 contracts

Samples: Asset Based Revolving Credit Agreement (Albertsons Companies, Inc.), Credit Agreement (Torrid Holdings Inc.), Credit Agreement (Torrid Holdings Inc.)

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Indebtedness; Disqualified Stock. (a) Create, incur, assume, guarantee, suffer to exist or otherwise become or remain liable with respect to, any Indebtedness, except Permitted Indebtedness, Indebtedness or (b) issue Disqualified Stock.

Appears in 13 contracts

Samples: Credit Agreement (Five Below, Inc), Credit Agreement (Macy's, Inc.), Credit Agreement (Five Below, Inc)

Indebtedness; Disqualified Stock. (a) Create, incur, assume, guarantee, suffer to exist or otherwise become or remain liable with respect to, any Indebtedness, except Permitted Indebtedness, ; or (b) issue Disqualified Stock.

Appears in 7 contracts

Samples: Credit Agreement (Lovesac Co), Credit Agreement (Foot Locker, Inc.), Credit Agreement (Trans World Entertainment Corp)

Indebtedness; Disqualified Stock. (a) Create, incur, assume, guarantee, suffer to exist or otherwise become or remain liable with respect to, any Indebtedness, Indebtedness (except Permitted Indebtedness, ) or (b) issue Disqualified Stock.

Appears in 6 contracts

Samples: Credit Agreement (Nicole Crafts LLC), Credit Agreement (Coldwater Creek Inc), Credit Agreement (Iparty Corp)

Indebtedness; Disqualified Stock. (a) Create, incur, assume, guarantee, suffer to exist or otherwise become or remain liable with respect to, any Indebtedness, except Permitted Indebtedness, or ; or (b) issue Disqualified StockStock except as permitted by clause (m) of the definition of Permitted Indebtedness; (c) issue and sell Equity Interest in a Restricted Subsidiary of a Loan Party.

Appears in 6 contracts

Samples: Credit Agreement (Destination Maternity Corp), Credit Agreement (Destination Maternity Corp), Term Loan Credit Agreement (Destination Maternity Corp)

Indebtedness; Disqualified Stock. (a) Create, incur, assume, guarantee, suffer to exist or otherwise become or remain liable with respect to, any Indebtedness, except Permitted Indebtedness, or ; (b) issue Disqualified Stock, or (c) issue and sell any other Equity Interests if a Change of Control or other Event of Default would result therefrom.

Appears in 5 contracts

Samples: Credit Agreement (Abercrombie & Fitch Co /De/), Credit Agreement (Abercrombie & Fitch Co /De/), Credit Agreement (Cache Inc)

Indebtedness; Disqualified Stock. (a) Create, incur, assume, guarantee, suffer to exist or otherwise become or remain liable with respect to, any Indebtedness, except Permitted Indebtedness, or ; or (b) issue Disqualified Stock.

Appears in 5 contracts

Samples: Term Loan Credit Agreement (Stein Mart Inc), Credit Agreement (Stein Mart Inc), Credit Agreement (Stein Mart Inc)

Indebtedness; Disqualified Stock. (a) Create, incur, assume, guarantee, suffer to exist or otherwise become or remain liable with respect to, any Indebtedness, except Permitted Indebtedness, or ; (b) issue Disqualified Stock.

Appears in 2 contracts

Samples: Credit Agreement (Chicos Fas Inc), Credit Agreement (Supervalu Inc)

Indebtedness; Disqualified Stock. (a) Create, incur, assume, guarantee, suffer to exist or otherwise become or remain liable with respect to, any Indebtedness, except Permitted Indebtedness, or ; (b) issue Disqualified Stock.)

Appears in 2 contracts

Samples: Credit Agreement (Chico's Fas, Inc.), Credit Agreement (Chico's Fas, Inc.)

Indebtedness; Disqualified Stock. (a) Create, incur, assume, guarantee, suffer to exist or otherwise become or remain liable with respect to, any Indebtedness, except Permitted Indebtedness, or ; (b) issue Disqualified Stock, or (c) issue and sell any other Equity Interests unless such Equity Interests shall be issued solely by the Lead Borrower and not by a Subsidiary of a Loan Party.

Appears in 2 contracts

Samples: Credit Agreement (Rue Gilt Groupe, Inc.), Credit Agreement (Bluefly Inc)

Indebtedness; Disqualified Stock. (a) Create, incur, assume, guarantee, suffer to exist or otherwise become or remain liable with respect to, any Indebtedness, except Permitted Indebtedness, or ; (b) issue Disqualified Stock.

Appears in 2 contracts

Samples: Credit Agreement (Foot Locker, Inc.), Credit Agreement (Foot Locker, Inc.)

Indebtedness; Disqualified Stock. (a) Create, incur, assume, guarantee, suffer to exist or otherwise become or remain liable with respect to, any Indebtedness, except Permitted Indebtedness, or (b) issue Disqualified Stock, or (c) issue and sell any other Equity Interests if a Change of Control or other Event of Default would result therefrom.

Appears in 2 contracts

Samples: Credit Agreement (Dicks Sporting Goods Inc), Credit Agreement (Dicks Sporting Goods Inc)

Indebtedness; Disqualified Stock. (a) Create, incur, assume, guarantee, suffer to exist or otherwise become or remain liable with respect to, any Indebtedness, except Permitted Indebtedness, or (b) issue Disqualified Stock.

Appears in 1 contract

Samples: Credit Agreement (Tuesday Morning Corp/De)

Indebtedness; Disqualified Stock. (a) Create, incur, assume, guarantee, suffer to exist or otherwise become or remain liable with respect to, any Indebtedness, except Permitted Indebtedness, or ; (b) issue Disqualified Stock, or (c) issue and sell any other Equity Interests unless such Equity Interests (i) shall be issued solely by the Lead Borrower and not by a Subsidiary of a Loan Party or (ii) are permitted by Section 7.06 or Sections 7.09(d) or (f).

Appears in 1 contract

Samples: Credit Agreement (Kid Brands, Inc)

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Indebtedness; Disqualified Stock. (a) Create, incur, assume, guarantee, suffer to exist or otherwise become or remain liable with respect to, any Indebtedness, except Permitted Indebtedness, or (b) issue Disqualified Stock, or (c) issue and sell any other Equity Interests if a Change of Control or other Event of Default would result therefrom.

Appears in 1 contract

Samples: Credit Agreement (Dicks Sporting Goods Inc)

Indebtedness; Disqualified Stock. (ai) Create, incur, assume, guarantee, suffer to exist or otherwise become or remain liable with respect to, any Indebtedness, Indebtedness (except Permitted Indebtedness, ) or issue Disqualified Stock or (bii) issue Disqualified Stockincrease the commitments under the ABL Credit Agreement (including in connection with a Commitment Increase (as defined in the ABL Credit Agreement as in effect as of the date hereof)).

Appears in 1 contract

Samples: Term Loan Agreement (Coldwater Creek Inc)

Indebtedness; Disqualified Stock. (a) Create, incur, assume, guarantee, suffer to exist or otherwise become or remain liable with respect to, any IndebtednessIndebtedness (including Disqualified Stock), except Permitted Indebtedness, or (b) issue Disqualified Stock.

Appears in 1 contract

Samples: Credit Agreement (O Reilly Automotive Inc)

Indebtedness; Disqualified Stock. (a) CreateIssue Disqualified Stock or create, incur, assume, guarantee, suffer to exist exist, issue or otherwise become or remain liable with respect to, any Indebtedness, except Permitted Indebtedness, or (b) issue Disqualified Stock.

Appears in 1 contract

Samples: Credit Agreement (Pep Boys Manny Moe & Jack)

Indebtedness; Disqualified Stock. (a) Create, incur, assume, guarantee, suffer or permit to exist or otherwise become or remain liable with respect toexist, any Indebtedness, except Permitted Indebtedness, or ; (b) issue Disqualified Stock.

Appears in 1 contract

Samples: Credit Agreement (Supervalu Inc)

Indebtedness; Disqualified Stock. (ai) Create, incur, assume, guarantee, suffer to exist or otherwise become or remain liable with respect to, any Indebtedness, Indebtedness (except Permitted Indebtedness, ) or issue Disqualified Stock or (bii) issue Disqualified Stockincrease the principal amount of the Term Loan Obligations, other than as a result of the accrual of PIK Interest (as defined in the Term Loan Agreement).

Appears in 1 contract

Samples: Credit Agreement (Coldwater Creek Inc)

Indebtedness; Disqualified Stock. Either (a) Createcreate, incur, assume, guarantee, suffer to exist or otherwise become or remain liable with respect to, any Indebtedness, except Permitted Indebtedness, Indebtedness or (b) issue Disqualified Stock.

Appears in 1 contract

Samples: Credit Agreement (Valuevision Media Inc)

Indebtedness; Disqualified Stock. (a) Create, incur, assume, guarantee, suffer to exist or otherwise become or remain liable with respect to, any Indebtedness, except Permitted Indebtedness, or (b) issue Disqualified Stock.;

Appears in 1 contract

Samples: Credit Agreement (Supervalu Inc)

Indebtedness; Disqualified Stock. (a) Create, incur, assume, guarantee, suffer to exist or otherwise become or remain liable with respect to, any Indebtedness, or issue Disqualified Stock except Permitted Indebtedness, or (b) issue Disqualified Stock.

Appears in 1 contract

Samples: Asset Based Revolving Credit Agreement (C&J Energy Services, Inc.)

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