Indebtedness of Borrower. Borrower does not have outstanding on the date hereof and any Indebtedness for borrowed money, except for such Indebtedness identified in the financial assumptions referred to in Section 3.8 hereof.
Indebtedness of Borrower. Borrower does not have outstanding on the date hereof, any Indebtedness for borrowed money, except for such Indebtedness identified in the financial assumptions referred to in Section 3.8 hereof.
Indebtedness of Borrower. The Borrower will not create, incur, assume or permit to exist any Indebtedness, except:
(a) Indebtedness created hereunder;
(b) Any Indebtedness permitted under the Loan Agreement; and
(c) Any Indebtedness incurred under the Loan Agreement.
Indebtedness of Borrower. If any Consolidated Company without the prior written consent of the Agent and Required Lenders, incurs any Indebtedness whatsoever (other than Indebtedness permitted by Section 8.1) or declares any cash dividends on its Capital Stock or Preferred Stock.
Indebtedness of Borrower or any Subsidiary of Borrower arising after the date hereof issued in exchange for, or the proceeds of which are used to refinance, replace or substitute for Indebtedness permitted under any of Sections 9.9(c), (d), (e), (f) and (i) hereof (the "Refinancing Indebtedness"); provided, that, as to any such Refinancing Indebtedness, each of the following conditions is satisfied: (i) Agent shall have received not less than ten (10) Business Days' prior written notice of the intention to incur such Indebtedness, which notice shall set forth in reasonable detail satisfactory to Agent, the amount of such Indebtedness, the schedule of repayments and maturity date with respect thereto and such other information with respect thereto as Lender may reasonably request, (ii) promptly upon Agent's request, Agent shall have received true, correct and complete copies of all agreements, documents and instruments evidencing or otherwise related to such Indebtedness, as duly authorized, executed and delivered by the parties thereto, (iii) as of the date of any such Refinancing and after giving effect thereto, the aggregate amount of the Excess Availability of Borrower shall have been not less than $10,000,000 for each of the immediately preceding thirty (30) consecutive days and the aggregate amount of the Excess Availability of Borrower shall be not less than $10,000,000, (iv) the Refinancing Indebtedness shall rank in right of payment no more senior than the Obligations as the Indebtedness being refinanced, replaced or substituted for, (v) the Refinancing Indebtedness shall not include terms and conditions with respect to Borrower or any of its Subsidiaries which are more burdensome or restrictive in any respect than those included in the Indebtedness so refinanced, replaced or substituted for, (vi) such Indebtedness shall be incurred by Borrower in a bona fide arm's length transaction and on terms and conditions that are commercially reasonable, (vii) after giving effect to the incurring of such Indebtedness and the use of proceeds thereof, no Default or an Event of Default shall exist or have occurred and be continuing, (viii) the principal amount of such Refinancing Indebtedness shall not exceed the principal amount of and accrued but unpaid interest on the debt being refinanced (plus the amount of reasonable refinancing fees and expenses incurred in connection with such Refinancing Indebtedness or the Indebtedness being refinanced, in each case, which is due and payable ...
Indebtedness of Borrower any TECO Coal Entity or any Significant Subsidiary as to which payment is fully provided for by defeasance or a cash escrow arrangement acceptable to Administrative Agent;
Indebtedness of Borrower. Borrower shall not directly or indirectly create, incur, assume, Guarantee, refinance, exchange, refund or otherwise become or remain directly or indirectly liable with respect to, any Indebtedness, except:
6.1.1 the Obligations; and
6.1.2 Interest Rate Agreements otherwise required or permitted under this Agreement; and
6.1.3 unsecured intercompany Indebtedness owed to Loan Parties, if all such Indebtedness is evidenced by one or more promissory notes that are pledged to Lender pursuant to the Security Documents to secure the Obligations.
Indebtedness of Borrower. Neither Borrower nor any Guarantor has outstanding, on the date hereof, any Indebtedness for borrowed money, except for such Indebtedness identified in the financial assumptions referred to in Section 3.8 hereof.
Indebtedness of Borrower. The Borrower shall incur indebtedness in an amount in excess of $10,000.
Indebtedness of Borrower. The agreements and unsecured promissory notes related to settlements of prior creditor outstanding balances.
