Common use of Indebtedness, etc Clause in Contracts

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. On or prior to the Closing Date and except as set forth on Annex VIII, HoldingsX, 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 Agent 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 IXXI, 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 Banks in connection therewith, or contain any financial covenants, agreements or tests applicable to Holdings, the Borrower or any of its Subsidiaries. Annex V VII 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. On or prior to the Closing Date and except ----------------- as set forth on Annex VIIIX, 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 Agent 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 IXXI, 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 Banks in connection therewith, or contain any financial covenants, agreements or tests applicable to Holdings, the Borrower or any of its Subsidiaries. Annex V VII 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. On or prior to the Closing Date and except as set forth on Annex VIII, HoldingsV, the Borrower Credit Parties and its their respective Subsidiaries shall have received all necessary consents or waivers or amended, supplemented or otherwise modified, repaid or defeased their outstanding Indebtedness Indebtedness, in a manner and on terms reasonably satisfactory to the Lender Agents such that there exists no default or potential default (as a result of the consummation of the transactions contemplated hereby) 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, not contain any restriction on the ability of Holdings, any of the Borrower Credit Parties or any of its their respective Subsidiaries to enter into this Agreement, the Mortgages, Pledge Agreements Security Documents or the granting of any Lien in favor of the Lender Banks in connection therewith, or (other than as set forth 46 -40- in the Indenture) contain any financial covenants, agreements or tests applicable to Holdings, any of the Borrower Credit Parties or any of its their respective Subsidiaries. Annex V X 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 Credit Parties as of the Closing Date.

Indebtedness, etc. On or prior to the Closing Date and except as set forth on Annex VIII, HoldingsX, the Borrower and its DRAFT: March 21, 1997 H:\WPCDOCS\1186\141151 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 Agent 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 IXXI, 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 Banks in connection therewith, or contain any financial covenants, agreements or tests applicable to Holdings, the Borrower or any of its Subsidiaries. Annex V VII 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. 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 Lenders 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 Collateral Agent 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. On or prior to the Closing Date and except as set forth on Annex VIII, Holdings, Each of the Borrower and its Subsidiaries shall have received all necessary consents or waivers or amended, supplemented or otherwise modified, repaid repaid, redeemed or defeased their its outstanding Indebtedness in a manner and on terms reasonably satisfactory to the Lender Agent such that there exists no default or potential default (including, without limitation, as a result of the consummation of the Recapitalization or of any Borrowing hereunder) 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, not 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 any other Security Documents or the granting of any Lien in favor of the Lender Banks in connection therewith, or or, other than as set forth on Schedule 4.01K(a), contain any financial covenants, agreements or tests applicable to Holdings, the Borrower or any of its Subsidiaries. Annex V Sched- ule 4.01K(b) 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. The obligations of the Borrower, with respect to its outstanding Indebtedness, under this Section 4.01(K) shall be in addition to its obligations under Section 4.01(D) hereof.