Common use of Indebtedness, etc Clause in Contracts

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. 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 or any of its subsidiaries business; (iii) subordinated debtSubordinated Debt; and (iv) the liabilities of the Borrower or its subsidiaries described on Schedule 5.02(a), ; and (ivv) contracts or agreements other than under Material Contracts arising in the ordinary course of the Borrower’s businessContracts; or

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 or any of its Subsidiaries business; (iii) subordinated debtthe Interim Subordinated Debt; and (iv) the Indenture Subordinated Debt; (v) liabilities of the Borrower or its Subsidiaries described on Schedule 5.02(a); and (vi) indebtedness under the Gavilon Agreements, (iv) contracts Long Term Marketing Agreements or agreements other than Material Contracts arising in the ordinary course of the Borrower’s businessContracts; or

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 or any of its Subsidiaries business; (iii) subordinated debtSubordinated Debt; and (iv) the liabilities of the Borrower or its Subsidiaries described on Schedule 5.02(a); and (v) under the Gavilon Agreements, (iv) contracts Long Term Marketing Agreements or agreements other than Material Contracts arising in the ordinary course of the Borrower’s businessContracts; or

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, several ,in excess of $50,000.00 50,000 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