Indebtedness of Restricted Subsidiaries. The Borrower will not permit any of its Restricted Subsidiaries to, create, incur, assume or permit to exist any Indebtedness, except:
(a) Indebtedness (if any) of any Restricted Subsidiary created hereunder and under the other Loan Documents;
(i) Indebtedness of any Restricted Subsidiary existing on the date hereof and either (x) set forth in Schedule 6.01 or (y) disclosed in the public reports of the Borrower filed or furnished with the SEC and (ii) any Refinancing Indebtedness in respect of any Indebtedness incurred pursuant to this clause (b);
(c) Indebtedness of any Restricted Subsidiary owed to the Borrower or any other Restricted Subsidiary;
(d) Guarantees by any Restricted Subsidiary of Indebtedness of any other Restricted Subsidiary; provided that the Indebtedness so Guaranteed is not prohibited by this Section 6.01;
(e) (i) Capital Lease Obligations of any Restricted Subsidiary, (ii) any Indebtedness of any Restricted Subsidiary incurred to finance the acquisition, construction or improvement of any fixed or capital assets, including any Indebtedness assumed by any Restricted Subsidiary in connection with the acquisition of any such assets or secured by a Lien on any such assets prior to the acquisition thereof (provided that (x) such Indebtedness is incurred prior to or within 270 days after such acquisition or the completion of such construction or improvement and (y) such Indebtedness does not exceed the cost of acquiring, constructing or improving such fixed or capital assets, together with any accrued and unpaid interest and fees and expenses in connection therewith) and (iii) any Refinancing Indebtedness in respect of any Indebtedness incurred pursuant to this clause (e);
(i) Indebtedness of any Person that becomes a Restricted Subsidiary (or of any Person not previously a Subsidiary that is merged or consolidated with or into a Restricted Subsidiary in a transaction permitted hereunder) after the date hereof, or Indebtedness of any Person that is assumed by any Restricted Subsidiary in connection with an acquisition of assets by such Restricted Subsidiary in an acquisition permitted hereunder; provided that (x) such Indebtedness exists at the time such Person becomes a Restricted Subsidiary (or is so merged or consolidated) or such assets are acquired and such Indebtedness is not created in contemplation of such Person becoming a Restricted Subsidiary (or such merger or consolidation) or such assets being acquired and (y) the Borrower is i...
Indebtedness of Restricted Subsidiaries. The Tenant shall not permit any Restricted Subsidiary of Tenant at any time to create, assume, incur, guarantee or otherwise become liable, directly or indirectly, for any Indebtedness, except:
(a) Indebtedness owed to the Tenant or to any Wholly-Owned Restricted Subsidiary of Tenant; and
(b) Subject to compliance with Section 10.4(c), Indebtedness which, when added to aggregate outstanding Indebtedness incurred pursuant to Section 10.7(j), shall not at any time exceed 25% of Consolidated Net Capital determined as of the end of the Tenant's most recently ended fiscal quarter.
Indebtedness of Restricted Subsidiaries. (a) LEVERAGE RATIO
Indebtedness of Restricted Subsidiaries. The Company will not permit any Restricted Subsidiary that is not a Subsidiary Guarantor to create, assume, incur, guarantee or otherwise become liable, directly or indirectly, for any Indebtedness, except:
(a) Indebtedness owed to the Company or a Wholly Owned Restricted Subsidiary;
(b) Indebtedness outstanding as of the date of this Agreement that is described in Schedule 5.15;
(c) Indebtedness secured by Lienx xxxmitted under Section 10.6(g);
(d) Indebtedness of a Subsidiary outstanding at the time of its acquisition by the Company and initial designation as a Restricted Subsidiary, provided that (i) such Indebtedness was not incurred in contemplation of such Subsidiary becoming a Restricted Subsidiary and (ii) immediately after giving effect to the designation of such Subsidiary as a Restricted Subsidiary, no Default or Event of Default would exist;
(e) Indebtedness in addition to that permitted by Sections 10.3(a) through (d), provided that Priority Debt does not at any time exceed 20% of Adjusted Consolidated Net Worth, determined as of the end of the most recently ended fiscal quarter. Any Indebtedness of Subsidiary Guarantor that is released from the Subsidiary Guaranty shall be deemed to have been incurred by such Subsidiary on the date of such release.
Indebtedness of Restricted Subsidiaries that are not Loan Parties; provided that the aggregate outstanding principal amount of such Indebtedness shall not exceed the greater of $200,000,000 and 30% of Consolidated Adjusted EBITDA as of the last day of the most recently ended Test Period;
Indebtedness of Restricted Subsidiaries. The Parent, CCI and the Borrower will not permit the Borrower or any other Restricted Subsidiary to create, incur, assume or permit to exist any Indebtedness, except:
(i) Indebtedness created under the Loan Documents;
(ii) Indebtedness existing on the date hereof and set forth in Schedule 6.02.
(iii) Indebtedness of any Restricted Subsidiary to the Parent or any other Restricted Subsidiary; provided that Indebtedness of any Restricted Subsidiary that is not a Loan Party to the Parent or any other Loan Party shall be subject to Section 6.06;
(iv) Guarantees by any Restricted Subsidiary of Indebtedness of any other Restricted Subsidiary other than CCI; provided that Guarantees by any Subsidiary Loan Party of Indebtedness of any Subsidiary that is not a Loan Party shall be subject to Section 6.06;
Indebtedness of Restricted Subsidiaries. The Parent, CCI and the Borrower will not permit the Borrower or any other Restricted Subsidiary to create, incur, assume or permit to exist any Indebtedness, except:
(i) Indebtedness created under the Loan Documents;
(ii) Indebtedness existing on the date hereof and set forth in Schedule 6.02.
Indebtedness of Restricted Subsidiaries. (other than Credit Parties) in an aggregate amount not to exceed $125,000,000 with respect to Receivables Facilities and Receivables Indebtedness.
Indebtedness of Restricted Subsidiaries that are not Loan Parties; provided that the aggregate principal amount at any time outstanding of such Indebtedness shall not exceed the greater of (i) $30,000,000 and (ii) 3.0% of Consolidated Total Assets; and
Indebtedness of Restricted Subsidiaries. During such time as ONE Gas is an Unregulated Restricted Subsidiary and the ONE Gas Senior Notes are outstanding, the outstanding principal amount of Indebtedness permitted pursuant to Section 7.03(e) of the Credit Agreement shall be equal to the sum of (i) the Section 7.03(e) Basket Amount, and (ii) the principal amount outstanding under the ONE Gas Senior Notes. During such time as ONE Gas is a Regulated Restricted Subsidiary and the ONE Gas Senior Notes are outstanding, the outstanding principal amount of Indebtedness permitted pursuant to Section 7.03(f) of the Credit Agreement shall be equal to the sum of (i) the Section 7.03(f) Basket Amount, and (ii) the principal amount outstanding under the ONE Gas Senior Notes. “Section 7.03(e) Basket Amount” and “Section 7.03(f) Basket Amount” means the amount of Indebtedness permitted by Section 7.03(e) and 7.03(f), respectively, of the Credit Agreement, in each case determined without reference to this Section 2.
