Indebtedness of a Substantially. Owned Subsidiary of the Borrower to the Borrower or any of its Substantially-Owned Subsidiaries or Indebtedness of the Borrower to any Substantially-Owned Subsidiary of the Borrower if such Indebtedness is evidenced by notes contributed to Sycamore Insurance Company Ltd. or its Subsidiaries or if such Indebtedness otherwise secures liabilities to third parties; provided that (i) immediately before and after giving effect thereto, no Default exists or would result therefrom, (ii) each item of such Indebtedness shall be unsecured and, (A) in the case of Indebtedness owed by the Borrower, shall be subordinated in right of payment to all of the Obligations under this Agreement and the other Loan Documents on the terms set forth in Exhibit G and (B) in the case of Indebtedness owed by any Substantially-Owned Subsidiary of the Borrower, shall not be paid unless all accrued and owed Obligations under this Agreement and the other Loan Documents are paid in full; (iii) the aggregate amount of all such Indebtedness shall not exceed $2 billion; and (iv) such Indebtedness shall only be permitted to the extent that it will be eliminated for purposes of the consolidated financial statements of the Borrower in accordance with GAAP;
Appears in 1 contract
Samples: 364 Day Amended and Restated Credit Agreement (Hillenbrand Industries Inc)
Indebtedness of a Substantially. Owned Subsidiary of the Borrower to the Borrower or any of its Substantially-Owned Subsidiaries or Indebtedness of the Borrower to any Substantially-Owned Subsidiary of the Borrower if such in connection with loans or advances, other than intercompany Indebtedness is evidenced by notes contributed to Sycamore Insurance Company Ltd. or its Subsidiaries or if such Indebtedness otherwise secures liabilities to third partiesof the type contemplated in Section 7.03(g); provided that (i) immediately before and after giving effect thereto, no Default exists or would result therefrom, (ii) each item of such Indebtedness intercompany debt shall be unsecured and, (A) in the case of Indebtedness owed by the Borrower, shall be subordinated in right of payment to all of the Obligations under this Agreement and the other Loan Documents on the terms set forth in Exhibit G G, and (B) in the case of Indebtedness owed by any Substantially-Owned Subsidiary of the Borrower, shall not be paid unless all accrued and owed Obligations under this Agreement and the other Loan Documents are paid in full; and (iii) the aggregate amount of all such Indebtedness shall not exceed $2 billion; and (iv) such Indebtedness shall only be permitted to the extent that it will be eliminated for purposes of the consolidated financial statements of the Borrower in accordance with GAAP;; and"
Appears in 1 contract
Samples: 364 Day Amended and Restated Credit Agreement (Hillenbrand Industries Inc)
Indebtedness of a Substantially. Owned Subsidiary of the Borrower to the Borrower or any of its Substantially-Owned Subsidiaries or Indebtedness of the Borrower to any Substantially-Owned Subsidiary of the Borrower if such Indebtedness is evidenced by notes contributed to Sycamore Insurance Company Ltd. or its Subsidiaries or if such Indebtedness otherwise secures liabilities to third parties; provided that (i) immediately before and after giving effect thereto, no Default exists or would result therefrom, (ii) each item of such Indebtedness shall be unsecured and, (A) in the case of Indebtedness owed by the Borrower, shall be subordinated in right of payment to all of the Obligations under this Agreement and the other Loan Documents on the terms set forth in Exhibit G H and (B) in the case of Indebtedness owed by any Substantially-Owned Subsidiary of the Borrower, shall not be paid unless all accrued and owed Obligations under this Agreement and the other Loan Documents are paid in full; (iii) the aggregate amount of all such Indebtedness shall not exceed $2 billion; and (iv) such Indebtedness shall only be permitted to the extent that it will be eliminated for purposes of the consolidated financial statements of the Borrower in accordance with GAAP;
Appears in 1 contract
Samples: Three Year Credit Agreement (Hillenbrand Industries Inc)
Indebtedness of a Substantially. Owned Subsidiary of the Borrower to the Borrower or any of its Substantially-Owned Subsidiaries or Indebtedness of the Borrower to any Substantially-Owned Subsidiary of the Borrower if such in connection with loans or advances, other than intercompany Indebtedness is evidenced by notes contributed to Sycamore Insurance Company Ltd. or its Subsidiaries or if such Indebtedness otherwise secures liabilities to third partiesof the type contemplated in Section 7.03(g); provided that (i) immediately before and after giving effect thereto, no Default exists or would result therefrom, (ii) each item of such Indebtedness intercompany debt shall be unsecured and, (A) in the case of Indebtedness owed by the Borrower, shall be subordinated in right of payment to all of the Obligations under this Agreement and the other Loan Documents on the terms set forth in Exhibit G H, and (B) in the case of Indebtedness owed by any Substantially-Owned Subsidiary of the Borrower, shall not be paid unless all accrued and owed Obligations under this Agreement and the other Loan Documents are paid in full; and (iii) the aggregate amount of all such Indebtedness shall not exceed $2 billion; and (iv) such Indebtedness shall only be permitted to the extent that it will be eliminated for purposes of the consolidated financial statements of the Borrower in accordance with GAAP;; and"
Appears in 1 contract
Samples: Three Year Credit Agreement (Hillenbrand Industries Inc)
Indebtedness of a Substantially. Owned Subsidiary of the Borrower to the Borrower or any of its Substantially-Owned Subsidiaries or Indebtedness of the Borrower to any Substantially-Owned Subsidiary of the Borrower if to the extent such Indebtedness is evidenced by notes contributed to Sycamore Insurance Company Ltd. or its Subsidiaries or if such Indebtedness otherwise secures liabilities to third parties; provided that (i) immediately before and after giving effect thereto, no Default exists or would result therefrom, (ii) each item of such Indebtedness shall be unsecured and, (A) in the case of Indebtedness owed by the Borrower, shall be subordinated in right of payment to all of the Obligations under this Agreement and the other Loan Documents on the terms set forth in Exhibit G H and (B) in the case of Indebtedness owed by any Substantially-Owned Subsidiary of the Borrower, shall not be paid unless all accrued and owed Obligations under this Agreement and the other Loan Documents are paid in full; (iii) the aggregate amount of all such Indebtedness shall not exceed $2 3 billion; and (iv) such Indebtedness shall only be permitted to the extent that it will be eliminated for purposes of the consolidated financial statements of the Borrower in accordance with GAAP;
Appears in 1 contract
Samples: Multi Year Credit Agreement (Hillenbrand Industries Inc)