Indebtedness; Guaranties. (i) Other than the Obligations, Borrower will not incur any Indebtedness other than:
Indebtedness; Guaranties. Borrower will not incur or pay any Indebtedness other than (i) the Obligations, (ii) subject to the terms of any applicable subordination agreement, Indebtedness reflected in the Financials delivered on or before the Effective Date or described in Schedule 2 or Schedule 12 attached hereto, (iii) Indebtedness owing to trade creditors in the ordinary course of business, (iv) Indebtedness in respect of capitalized leases and purchase money Indebtedness so long as the aggregate amount of such Indebtedness incurred by Borrower (x) during its fiscal year ending September 30, 2001 does not exceed the amount of Zero Dollars ($0) and (y), thereafter, in any fiscal year of the Borrower does not exceed One Million Dollars ($1,000,000), and provided further, that at no time shall the aggregate amount of all purchase money Indebtedness (excluding that described in clause (ii) hereof) exceed Three Million Dollars ($3,000,000), (v) Indebtedness in respect of taxes, assessments or governmental charges to the extent that payment thereof shall not at the time be required to be made in accordance with the provisions of Section 10.10, (vi) Indebtedness which is subordinated to the prior payment and performance of the Obligations pursuant to a subordination agreement in form and substance satisfactory to Bank, in its sole discretion, but only so long as the payment of any such Indebtedness would not violate the terms of the applicable subordination agreement), (vii) operating leases, (viii) Intercompany Loans to Borrower from International and Vari-Lite Asia, Inc., and (ix) indemnification obligations incurred pursuant to the Genlyte Acquisition Agreement, providedthat no Indebtedness otherwise permitted to be incurred shall be permitted to be incurred if, after giving effect to the incurrence thereof, any Event of Default shall have occurred. No Borrower will guarantee the obligations of any other Person except as set forth on Schedule 2 or Schedule 15 attached hereto.
Indebtedness; Guaranties. Except for Permitted Indebtedness, Borrower will not incur any indebtedness. Furthermore, Borrower will not guaranty or otherwise become liable for obligations of any other person, firm or corporation, in an amount at any time in excess of $100,000.
Indebtedness; Guaranties. Except as set forth in Section 3.6 of the Disclosure Letter, (a) the Acquired Companies have no indebtedness for money borrowed or for the deferred purchase price of property or services, capital lease obligations, conditional sale or other title retention agreements, and (b) the Acquired Companies are not guarantors or otherwise liable for any Liability or obligation of any other person or entity for any matter.
Indebtedness; Guaranties. (i) Schedule 4.1(m), Part I contains a complete and accurate list of all Debt of the Borrower and each of the Guarantors, whether individual, joint, several or otherwise, and whether fixed or contingent, including commitments, lines of credit and other credit availabilities, identifying with respect to each the respective parties, amounts and maturities.
Indebtedness; Guaranties. 41 10.12 Title to Property; No Liens.......................................................................41 10.13 Restrictions; Labor Disputes, Etc.................................................................41 10.14
Indebtedness; Guaranties. 62 Section 10.11
Indebtedness; Guaranties. NAIC has no Indebtedness. NAIC is not a guarantor or otherwise is responsible for any liability or obligation (including indebtedness) of any other Person.
Indebtedness; Guaranties. Borrower shall not guarantee, endorse, assume, or otherwise become directly or contingently liable in connection with any obligation of any other Person, except by the endorsement of negotiable instruments by Borrower for deposit or collection or similar transactions in the ordinary course of business.
Indebtedness; Guaranties. (a) Assuming the accuracy of the representations and warranties of SPRPA made in the Original Purchase Agreement, Section 3.5(a) of the Disclosure Letter sets forth all Liabilities of the Acquired Companies. Assuming the accuracy of the representations and warranties of SPRPA made in the Original Purchase Agreement and except as set forth on Section 3.5(a) of the Disclosure Letter, the Acquired Companies have no Liabilities, except those Liabilities incurred by the Acquired Companies since the date hereof in the Ordinary Course of Business, consistent with past practices.
