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. Create, incur, assume or suffer to exist any Debt except:
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:
Indebtedness, etc. On the 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 $1,000,000.
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, in excess of $50,000.00 in the aggregate annually 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), (iv) contracts or agreements other than Material Contracts arising in the ordinary course of the Borrower’s business; or
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. 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.
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.
