Common use of Indebtedness of Holdings Clause in Contracts

Indebtedness of Holdings. the Borrower or any Restricted Subsidiary owing to Holdings, the Borrower or any Restricted Subsidiary to the extent permitted by Section 6.04; provided that all such Indebtedness of any Loan Party owing to any Restricted Subsidiary that is not a Loan Party shall be subordinated to the Loan Document Obligations (but only to the extent permitted by applicable law and not giving rise to material adverse Tax consequences) on terms (A) at least as favorable to the Lenders as those set forth in the form of intercompany subordination agreement attached as Exhibit S or (B) otherwise reasonably satisfactory to the Required Lenders; (A) Indebtedness (including Capital Lease Obligations) of the Borrower or any Restricted Subsidiary financing the acquisition, construction, repair, replacement, installation or improvement of any property (real or personal, and whether through the direct purchase of property or the Equity Interest of any person owning such property); provided that such Indebtedness is incurred concurrently with or within 270 days after the applicable acquisition, construction, repair, replacement, installation or improvement, and (B) any Permitted Refinancing of any Indebtedness set forth in the immediately preceding subclause (A); provided further that, at the time of any such incurrence of Indebtedness and after giving pro forma effect thereto and to the use of the proceeds thereof, the aggregate principal amount of Indebtedness that is outstanding in reliance on this subclause (v) shall not exceed $20,000,000 as of such time;

Indebtedness of Holdings. the Borrower or any Restricted Subsidiary owing to Holdings, the Borrower or any other Restricted Subsidiary to the extent constituting an Investment permitted by Section 6.047.02; provided that all such Indebtedness of any Loan Party owing owed to any Restricted Subsidiary Person that is not a Loan Party shall be subordinated subject to the Loan Document Obligations (but only to the extent permitted by applicable law and not giving rise to material adverse Tax consequences) on subordination terms (A) at least as favorable to the Lenders as those set forth in the form of intercompany subordination agreement attached as Exhibit S or (B) otherwise reasonably satisfactory to the Required LendersAdministrative Agent; (Ai) Attributable Indebtedness and other Indebtedness (including Capital Lease ObligationsCapitalized Leases) of the Borrower or any Restricted Subsidiary financing the acquisition, construction, repair, replacement, installation lease or improvement of any property (real fixed or personal, and whether through the direct purchase of property or the Equity Interest of any person owning such property)capital assets; provided that such Indebtedness is incurred concurrently with or within 270 two hundred and seventy (270) days after the applicable acquisition, construction, repair, replacement, installation lease or improvement, (ii) Attributable Indebtedness arising out of Sale-Leaseback transactions permitted by Section 7.05(f) and (Biii) any Permitted Refinancing of any Indebtedness set forth in the immediately preceding subclause clauses (Ai) and (ii); provided further that, at the time of any such incurrence of Indebtedness and after giving pro forma effect thereto and to the use of the proceeds thereof, that the aggregate principal amount of such Indebtedness that is incurred pursuant to clause (i) of this paragraph (e) (and any Permitted Refinancing thereof) and outstanding in reliance on this subclause (v) at any one time shall not exceed the greater of $20,000,000 as 85,000,000 and 2.75% of such timeTotal Assets;