Common use of Indebtedness of Foreign Clause in Contracts

Indebtedness of Foreign. Subsidiaries (and subordinated guarantees of the Borrower and Holdings thereof) so long as the aggregate principal amount of all Indebtedness (including letters of credit) incurred pursuant to this paragraph (j) at any time outstanding does not exceed $15,000,000; (i) the Existing Notes outstanding on the Restatement Date (and senior subordinated guarantees thereof by one or more of the Guarantors), and (ii) Other Permitted Subordinated Debt (and senior subordinated guarantees thereof by one or more of the Guarantors), including any additional Existing Notes issued after the Restatement Date under the indenture governing the Existing Notes, in an aggregate principal amount under this clause (ii) not in excess of $200,000,000 at any time outstanding; provided that (A) no Default or Event of Default shall have occurred and be continuing at the time of the incurrence of such Other Permitted Subordinated Debt or immediately after giving effect thereto and the application of proceeds thereof, and (B) the Borrower shall be in compliance with the covenant contained in Section 6.08 for the most recent fiscal quarter preceding such incurrence for which financial statements have been delivered to the Administrative Agent pursuant to Section 5.04(a) or (b) on a pro forma basis after giving effect to the incurrence of such Other Permitted Subordinated Debt and the application of the proceeds thereof (assuming such Other Permitted Subordinated Debt had been incurred, and such proceeds had been so applied, in each case on the first day of the relevant calculation period);

Appears in 3 contracts

Samples: Credit Agreement (Amis Holdings Inc), Credit Agreement (Amis Holdings Inc), Credit Agreement (Amis Holdings Inc)

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Indebtedness of Foreign. Subsidiaries (and subordinated guarantees of the Borrower and Holdings thereof) so long as the aggregate principal amount of all Indebtedness (including letters of credit) incurred pursuant to this paragraph (j) at any time outstanding does not exceed $15,000,00020,000,000; (i) the any Existing Notes not tendered in (or withdrawn from) the Debt Tender Offer and outstanding on the Restatement Closing Date (and senior subordinated guarantees thereof by one or more of the Guarantors), and (ii) Other Permitted Subordinated Debt (and senior subordinated guarantees thereof by one or more of the Guarantors), including any additional Existing Notes issued after the Restatement Date under the indenture governing the Existing Notes, ) in an aggregate principal amount under this clause (ii) not in excess of $200,000,000 at any time outstanding; provided that (A) no Default or Event of Default shall have occurred and be continuing at the time of the incurrence of such Other Permitted Subordinated Debt or immediately after giving effect thereto and the application of proceeds thereof, and (B) the Borrower shall be in compliance with the covenant contained in Section 6.08 for the most recent fiscal quarter preceding such incurrence for which financial statements have been delivered to the Administrative Agent pursuant to Section 5.04(a) or (b) on a pro forma basis after giving effect to the incurrence of such Other Permitted Subordinated Debt and the application of the proceeds thereof (assuming such Other Permitted Subordinated Debt had been incurred, and such proceeds had been so applied, in each case on the first day of the relevant calculation period);

Appears in 1 contract

Samples: Credit Agreement (Amis Holdings Inc)

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