Indebtedness of the Borrower and its Subsidiaries. The Borrower shall not, and shall not permit any of its Subsidiaries to, create, assume, incur or otherwise become or remain obligated in respect of, or permit to be outstanding, any Indebtedness except:
Indebtedness of the Borrower and its Subsidiaries existing as of the Closing Date (and set forth in Schedule 6.1(b) hereto) and renewals, refinancings and extensions thereof in a principal amount not in excess of that outstanding as of the date of such renewal, refinancing or extension;
Indebtedness of the Borrower and its Subsidiaries under performance bonds, surety bonds, release, appeal and similar bonds, statutory obligations or with respect to workers’ compensation claims, or arising from Guarantees to suppliers, lessors, licensees, contractors, franchises or customers of obligations (other than Indebtedness), in each case, incurred in the ordinary course of business, and reimbursement obligations in respect of any of the foregoing;
Indebtedness of the Borrower and its Subsidiaries. Set forth on Schedule 5.28 hereto is a complete and accurate list of all Indebtedness of the Borrower and each of its Subsidiaries existing as of the Closing Date and not otherwise permitted under Section 7.2, showing the principal amount outstanding thereunder as of the Closing Date.
Indebtedness of the Borrower and its Subsidiaries existing as of September 30, 2000 and set out more specifically in SCHEDULE 6.1(B) hereto and Indebtedness assumed after September 30, 2000 in connection with acquisitions permitted under Section 6.6(c) (provided that such Indebtedness was not incurred in connection with such acquisition and any Liens existing in connection with such Indebtedness shall relate only to the assets financed thereby), and renewals, refinancings or extensions thereof in a principal amount not in excess of that outstanding as of the date of such renewal, refinancing or extension;
Indebtedness of the Borrower and its Subsidiaries existing as of the Agreement Date as set forth on Schedule 7 attached hereto.
Indebtedness of the Borrower and its Subsidiaries pursuant to the GAMI Loan Agreement and any extensions, renewals or replacements of such Indebtedness that does not increase the maximum permissible outstanding principal amount thereof as of the Effective Date;
Indebtedness of the Borrower and its Subsidiaries existing as of the Closing Date as referenced in the financial statements referenced in Section 3.1 (and set out more specifically in Schedule 6.1(b)) hereto and renewals, refinancings or extensions thereof in a principal amount not in excess of that outstanding as of the date of such renewal, refinancing or extension; provided that the Borrower and the Subsidiary Guarantors party to the intercompany notes set forth on Schedule 6.1(b) hereby agree that the intercompany Indebtedness evidenced by such intercompany notes shall be subordinated to the Credit Party Obligations and that the Credit Party Obligations shall be paid in full prior to any payments being made on such intercompany notes, except as permitted by Section 6.10;
Indebtedness of the Borrower and its Subsidiaries existing as of the date hereof and disclosed to the Administrative Agent in writing prior to the date hereof, and renewals, refinancings or extensions of any of the above in a principal amount not in excess of that outstanding as of the date of such renewal, refinancing or extension;
Indebtedness of the Borrower and its Subsidiaries. Set forth on Schedule 5.28 hereto is a complete and accurate list of all Indebtedness of the Borrower and each of its Subsidiaries existing as of the Second A&R Closing Date (other than Surviving Debt), showing the principal amount outstanding thereunder as of the Second A&R Closing Date. As of the Second A&R Closing Date, the Borrower and its Subsidiaries have redeemed or repur- 66 72 chased Convertible Subordinated Notes for an aggregate purchase price of $31,179,980, and the par value of all Convertible Subordinated Notes so redeemed or repurchased is $38,000,000 as of the Second A&R Closing Date.
