Indebtedness, etc. Create, incur, assume or suffer to exist any Debt except:
(i) Debt of the Borrower evidenced by the Postpetition Financing Documents;
(ii) Debt of the Borrower evidenced by the Prepetition Financing Documents;
(iii) trade accounts payable and accrued liabilities arising in the ordinary course of the Borrower’s business;
(iv) Debt of the Borrower permitted by Section 5.02(e) of the Prepetition Credit Agreement and incurred prior to the Petition Date;
(v) contracts or agreements arising in the ordinary course of the Borrower’s business other than (a) Material Contracts (as defined in the Prepetition Credit Agreement) in effect as of the Petition Date, and (b) Material Contracts;
(vi) Debt of the Borrower not to exceed Five Hundred Thousand and No/100 Dollars ($500,000.00) in aggregate principal amount at any time outstanding constituting obligations under capital leases entered into prior to the Petition Date;
Indebtedness, etc. Create, incur, assume or suffer to exist any Debt or other indebtedness, liabilities or obligations, whether matured or unmatured, liquidated or unliquidated, direct or contingent, joint or several, except: (i) the liabilities of the Borrower to the Lender hereunder; (ii) trade accounts payable and accrued liabilities (other than Debt) arising in the ordinary course of the Borrower’s business; (iii) Subordinated Debt; and (iv) the liabilities of the Borrower described on Schedule 5.02(a); or
Indebtedness, etc. On or prior to the Closing Date and except as set forth on Annex VIII, Holdings, the Borrower and its Subsidiaries shall have received all necessary consents or waivers or amended, supplemented or otherwise modified, repaid or defeased their outstanding Indebtedness in a manner and on terms reasonably satisfactory to the Lender such that there exists no default or potential default with respect to such Indebtedness or under any note, evidence of indebtedness, mortgage, deed of trust, security document or other agreement relating to such Indebtedness and such indentures, notes, evidences of indebtedness, mortgages, deeds of trust or other agreements relating to such Indebtedness shall not, other than as set forth on Annex IX, contain any restriction on the ability of Holdings, the Borrower or any of its Subsidiaries to enter into this Agreement, the Mortgages, Pledge Agreements or the granting of any Lien in favor of the Lender in connection therewith, or contain any financial covenants, agreements or tests applicable to Holdings, the Borrower or any of its Subsidiaries. Annex V sets forth a true list of all Liens other than Permitted Encumbrances (except for clause (j) of Section 6.03) on the property of Holdings, the Borrower and its Subsidiaries as of the Closing Date.
Indebtedness, etc. OF THE PARENT. The Parent will not at any time before the 1993 Warrant Provisions Termination Date create, incur, assume or suffer to exist any Indebtedness of the Parent for borrowed money (including, without, limitation, any Guaranty by the Parent of Indebtedness for borrowed money), if the principal amount of such Indebtedness for borrowed money equals or exceeds $1,000,000, unless the terms of such Indebtedness expressly provide, for the third-party benefit of the holders of the Notes, that any and all 1993 Warrant Exercise Net Proceeds Amounts realized by or on behalf of the Parent as a result of any exercise of 1993 Warrants shall be available exclusively for purposes of prepayment of the Notes pursuant to Section 4.4 of the Note and Stock Purchase Agreements. In no event will the Parent at any time before the 1993 Warrant Provisions Termination Date enter into any agreement, or otherwise become bound by the provisions of any agreement, instrument or other document, that restricts the ability of the Parent to satisfy its obligation, pursuant to Section 4.4, to make any 1993 Warrant Exercise Net Proceeds Amount available solely for the purpose of the prepayment of Notes by the Company in accordance with Section 4.4. For the purposes of the foregoing, the Senior Credit Agreement as in effect on the Closing Date and as the Senior Credit Agreement (other than Section 6.5 of the Senior Credit Agreement, as in effect on the Closing Date) may be amended in accordance with Section 7.2, and the Parent's Guaranty of the Company's Indebtedness under the Senior Credit Agreement as such Guaranty is in effect on the Closing Date, shall not be deemed to breach this Section 7.13; the Chattanooga Mortgage shall not be deemed to breach this Section 7.13 so long as it does not restrict the ability of the Parent to satisfy its obligation, pursuant to Section 4.4, to make any 1993 Warrant Exercise Net Proceeds Amount available solely for the purpose of the prepayment of Notes by the Company in accordance with Section 4.4.
Indebtedness, etc. On the Restatement Effective Date, the Parent Borrower and its Subsidiaries shall have no outstanding preferred stock or Indebtedness except (w) the Obligations, (x) the obligations under the Three-Year Term Loan Documents, (y) Indebtedness set forth on Annex V and (z) Indebtedness (on an individual basis) which has an outstanding principal balance of less than $5,000,000.
Indebtedness, etc. The Borrowers will not, without the prior written consent of the Majority Banks, directly or indirectly, create, incur, assume, guarantee, agree to purchase or repurchase or provide funds in respect of, or otherwise become liable with respect to any Indebtedness other than:
(i) The Revolving Credit Facility;
(ii) The Swing Line Credit Facility;
(iii) The Equipment Leases in the aggregate amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000);
(iv) Current liabilities of the Borrowers (other than for borrowed money) incurred in the ordinary course of their businesses and in accordance with customary trade practices;
(A ) Promissory notes or other evidence of indebtedness issued by one or more of the Borrowers as all or part of the Business Combination Consideration in connection with a Permitted Business Combination, or (B) purchase money indebtedness incurred or assumed by the Borrowers in connection with acquisition of tangible and intangible personal and real property acquired other than in connection with a Permitted Business Combination, to the extent that such tangible and intangible personal and real property are to be used by the Borrowers in businesses permitted under Section 8.5 hereof; PROVIDED THAT the aggregate amount of indebtedness described in (B) of this Section 8.2(vi) shall not exceed Five Million Dollars ($5,000,000); and PROVIDED FURTHER that the aggregate amount of indebtedness described in (A) AND (B) of this Section 8.2(vi) shall not exceed Fifteen Million Dollars ($15,000,000);
(vi) The advances, loans and guarantees permitted under Section 8.12 hereof; and
(vii) Convertible Subordinated Notes that meet all of the following criteria:
(a) The principal amount of such Convertible Subordinated Notes may not exceed $115,000,000; and
(b) Neither the Convertible Subordinated Notes nor the Indenture may be amended in any manner that could reasonably be expected to be adverse to the interests of the Banks without prior written consent of the Administrative Bank; and
(viii) the Convertible Subordinated Notes (Normal Life) that meet the following criteria:
(a) The principal amount of such Convertible Subordinated Notes (Normal Life) may not, in the aggregate, exceed $22,000,000; and
(b) The Convertible Subordinated Notes (Normal Life) may not be amended in any manner that could reasonably be expected to be adverse to the interests of the Banks without prior written consent of the Administrative Bank."
Indebtedness, etc. Permit Cayco to (i) incur or become liable for any Indebtedness, (ii) guarantee the liabilities of any other Person, (iii) have any employees, or (iv) create, incur or suffer to exist any liens of any kind on the Permitted Investments (other than liens for taxes, assessments and governmental charges or levies not yet delinquent or being contested in good faith and by appropriate proceedings and as to which adequate reserves are being maintained in accordance with generally accepted accounting principles).
Indebtedness, etc. On or prior to the Closing Date and except as set forth on Schedule 5.21(a) (which shall only cover balance sheet categories), the Credit Parties and their respective Subsidiaries shall have repaid or defeased all existing Indebtedness of the categories specified in clauses (i), (iii), (iv), (v) and (vii) of the definition of Indebtedness in a manner satisfactory to the Agents.
Indebtedness, etc. (i) Except as set forth on Schedule 4.01(m), on or before the Closing Date, each Credit Party shall have received all necessary consents or waivers or shall have amended, supplemented or otherwise modified, repaid or defeased its outstanding Indebtedness in a manner and on terms satisfactory to the Agents such that there exists no default or potential default (as a result of the consummation of the Public Financing) with respect to such Indebtedness or under any note, evidence of indebtedness, capital lease, mortgage, deed of trust, security document or other agreement relating to such Indebtedness and such indentures, notes, evidences of indebtedness, capital lease mortgages, deeds of trust or other agreements relating to such Indebtedness shall not contain (i) any restriction on the ability of the Borrower or any of its Restricted Subsidiaries to grant any Lien in favor of the Banks (other than in the case of Capital Leases, or purchase money debt (excluding Real Property leases), a Lien on the property financed thereby) or any financial covenants or tests applicable to the Borrower or any of its Restricted Subsidiaries.
(ii) The terms and conditions of any Indebtedness of the Borrower and its Restricted Subsidiaries as of the Closing Date which remains outstanding after giving effect to the Public Financing and the making of the Initial Loans, shall, in each case, be reasonably acceptable to the Agents. The Administrative Agent shall have received evidence satisfactory to it that the Indebtedness reflected on Schedule 5.19 as being paid as of the Closing Date is being paid with the proceeds of the Initial Loans or the Public Financing.
Indebtedness, etc. Create, incur, assume or suffer to exist any Debt in an aggregate principal amount in excess of $100,000.00, without the prior written consent of the Agent, except: (i) the liabilities of the Borrower to the Banks hereunder; (ii) trade accounts payable and accrued liabilities (other than Debt) arising in the ordinary course of the Borrower's business; (iii) the liabilities of the Borrower described on Schedule 5.02(a); (iv) payments owed under Material Contracts; and (v) contracts or agreements other than Material Contracts arising in the ordinary course of the Borrower's business.
