Indebtedness for Borrowed Money. Except for the Obligations and except as set forth in Schedule 4.1.13 attached hereto and made a part hereof, the Borrowers have no Indebtedness for Borrowed Money. The Lender has received photocopies of all promissory notes evidencing any Indebtedness for Borrowed Money set forth in Schedule 4.1.13, together with any and all subordination agreements, other agreements, documents, or instruments securing, evidencing, guarantying or otherwise executed and delivered in connection therewith.
Indebtedness for Borrowed Money. None of the Borrowers will create, incur, assume or suffer to exist any Indebtedness for Borrowed Money or permit any Subsidiary to do so, except:
(a) the Obligations;
(b) current accounts payable arising in the ordinary course;
(c) the Senior Notes and the guarantees executed in connection therewith;
(d) Indebtedness for Borrowed Money secured by Permitted Liens;
(e) Subordinated Indebtedness;
(f) Indebtedness for Borrowed Money of the Borrowers existing on the date hereof and reflected on the financial statements furnished pursuant to Section 4.1.11 (Financial Condition);
(g) Guarantees by any Borrower of Indebtedness for Borrowed Money otherwise permitted hereunder of any other Borrower;
(h) Refinancing of any of the amounts listed in clauses (c) and (d) above and in this clause (h), provided the amount as refinanced does not exceed the original principal amount (or commitment with respect thereto) of the Indebtedness for Borrowed Money so refinanced and on terms not materially less favorable to the applicable Borrowers and do not result in a Default or Event of Default;
(i) Indebtedness for Borrowed Money represented by Capitalized Leases otherwise permitted by this Agreement and
(j) other Indebtedness for Borrowed Money in an amount not to exceed in the aggregate for the Parent and its Subsidiaries at any time outstanding, the sum of Five Million Dollars ($5,000,000) (or the equivalent thereof in any other currency, as applicable), which Indebtedness for Borrowed Money shall not be secured.
Indebtedness for Borrowed Money. Except for trade payables incurred in the ordinary course of business, the Company does not have any direct or indirect indebtedness for borrowed money, including indebtedness by way of lease-purchase arrangements or guarantees, and is not obligated in any manner (actual or contingent) to assume or guarantee any indebtedness or obligation of another Person.
Indebtedness for Borrowed Money. 27 Section 8.12. Liens.......................................................27 Section 8.13. Investments, Loans, Advances and Acquisitions...............29 Section 8.14. Mergers, Consolidations, Leases and Sales...................29 Section 8.15. Maintenance of Subsidiaries.................................30 Section 8.16.
Indebtedness for Borrowed Money. 12 Section 3.17 Contracts and Commitments................................................... 12 Section 3.18
Indebtedness for Borrowed Money. 7 Indemnitees...................................................................43
Indebtedness for Borrowed Money. Borrower will not incur any indebtedness for borrowed money, except to Trade Bank and except for indebtedness subordinated to the Obligations by an instrument or agreement in form acceptable to Trade Bank.
Indebtedness for Borrowed Money. The Borrower shall not, and shall not permit any Material Subsidiary to, incur any indebtedness for borrowed money, other than the Secured Obligations (except those Secured Hedge Obligations which are not Permitted Hedge Transactions), excluding however:
(i) any indebtedness for borrowed money of the Borrower or any Material Subsidiary secured by a Permitted Encumbrance;
(ii) Purchase Money Obligations of the Borrower or any Material Subsidiary secured by Purchase Money Mortgages which are Permitted Encumbrances;
(iii) ordinary course trade payables of the Borrower or any Material Subsidiary;
(iv) any indebtedness for borrowed money not included within any of the foregoing provided such indebtedness is not secured by any Security Interest and that the aggregate amount of all such indebtedness for borrowed money pursuant to this item (iv) does not exceed at the time that it is incurred an aggregate principal amount equal to 5% of the Borrowing Base Limit;
(v) any indebtedness incurred pursuant to Convertible Debentures; and
(vi) Subordinated Third Party Indebtedness, provided that if the Borrower or a Material Subsidiary is incurring Subordinated Third Party Indebtedness:
(A) the Consolidated Debt to EBITDA Ratio will not, after or as a result of incurring such Subordinated Third Party Indebtedness, exceed 2.5:1.0;
(B) the Borrower or Material Subsidiary incurring the Subordinated Third Party Indebtedness gives to the Agent copies of all material documents in respect thereof;
(C) the lenders, holders or trustee for the holders of the Subordinated Third Party Indebtedness give to or enter into confirmations or subordination agreements with the Agent in form and substance acceptable to the Agent, acting reasonably, which confirmations or agreements shall subordinate the Subordinated Third Party Indebtedness to the Secured Obligations and confirm the matters in paragraphs (c) and (d) of the definition of Subordinated Third Party Indebtedness in Section 1.1; and
(D) the Borrower shall provide to the Agent certified true copies of any amendments, modifications or restatements of the material documents in respect of the Subordinated Third Party Indebtedness promptly upon the same being entered into.
Indebtedness for Borrowed Money. As of the Closing Date, the Company and its Subsidiaries have no Indebtedness arising from the borrowing of any money, except for Indebtedness (a) to the Lenders under this Agreement and the other Loan Documents, (b) outstanding on the date of this Agreement pursuant to any lease, loan or credit facility fully and accurately described in Schedule 6.2 to this Agreement, (c) incurred with the prior written consent of the Agent, (d) under the Term Loan Documents and (e) owing to the Company or a Subsidiary.
Indebtedness for Borrowed Money. The Company shall not, nor shall it permit any Subsidiary to, issue, incur, assume, create or have outstanding any Indebtedness for Borrowed Money; provided, however, that the foregoing shall not restrict nor operate to prevent:
(a) the Obligations of the Company owing to the Lender hereunder and under the other Loan Documents and any other indebtedness or obligations of the Company or any Subsidiary owing to the Lender;
