Indebtedness owed Clause Samples

Indebtedness owed. (A) to the Company; or (B) to any Restricted Subsidiary; provided, however, that any such Indebtedness of the Company or a Subsidiary Guarantor owing to a Restricted Subsidiary that is not a Subsidiary Guarantor is expressly subordinated in right of payment to the Notes or the Subsidiary Guarantee, as the case may be; provided, further, that any event which results in any such Restricted Subsidiary ceasing to be a Restricted Subsidiary or any subsequent transfer of such Indebtedness (other than to the Company, another Restricted Subsidiary or the holder of a Lien permitted by this Indenture) will be deemed, in each case, to constitute an Incurrence of such Indebtedness not permitted by this clause (2);
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Indebtedness owed. (i) by Borrower to its Subsidiaries, (ii) by UK Sub to Borrower (A) from and after the date on which all of the conditions set forth in SECTION 3.2(a), (b), (c), (d), and (e) have been satisfied or waived by Agent in its sole discretion, in an aggregate amount not to exceed $20,000,000 outstanding at any one time during Borrower's fiscal year ending March 31, 2001, and for each succeeding fiscal year not to exceed such Dollar amount outstanding at any one time as is established for such fiscal year by Agent in its Permitted Discretion, with the consent of the Required Lenders, based upon Agent's review of the annual financial projections for such fiscal year delivered by Borrower to Agent in compliance with SECTION 6.3(c), and (b) from and after the date on which all of the conditions set forth in SECTION 3.2, with the exception of clauses (f), (j), and (k) thereof, have been satisfied or waived by Agent in its sole discretion, in an aggregate amount not to exceed $30,000,000 outstanding at any one time during Borrower's fiscal year ending March 31, 2001, and for each succeeding fiscal year not to exceed such Dollar amount outstanding at any one time as is established for such fiscal year by Agent in its Permitted Discretion, with the consent of the Required Lenders, based upon Agent's review of the annual financial projections for such fiscal year delivered by Borrower to Agent in compliance with SECTION 6.3(c), (iii) by any other Subsidiary to Borrower in an aggregate amount not to exceed $5,000,000 outstanding at any one time during Borrower's fiscal year ending March 31, 2001, and for each succeeding fiscal year not to exceed such Dollar amount outstanding at any one time as is established for such fiscal year by Agent in its Permitted Discretion, with the consent of the Required Lenders, based upon Agent's review of the annual financial projections for such fiscal year delivered by Borrower to Agent in compliance with SECTION 6.3(c), PROVIDED, that after giving effect to the incurrence by a Subsidiary of a tranche of Indebtedness composing Indebtedness designated by Borrower to be permitted Indebtedness under this CLAUSE (iii), Borrower shall have Availability of not less than $10,000,000, and PROVIDED, HOWEVER, that no Indebtedness shall be incurred under this CLAUSE (iii) without the prior written consent of Agent (which consent shall not unreasonably be withheld), and (iv) by Borrower to Parent, PROVIDED, that the terms of such Indebtedness shall h...
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Indebtedness owed. (i) by a Credit Party to another Credit Party; (ii) by a Subsidiary of Borrower that is not a Credit Party to another Subsidiary of Borrower that is not a Credit Party; (iii) by a Credit Party to a Subsidiary of Borrower that is not a Credit Party; or (iv) by a Subsidiary of Borrower that is not a Credit Party to a Credit Party, not to exceed $10,000,000 in the aggregate at any time outstanding;
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Indebtedness owed. (A) by any Material Subsidiary to the Company or another Material Subsidiary; or (B) by the Company to any Material Subsidiary; PROVIDED that any event which results in any such Material Subsidiary ceasing to be a Material Subsidiary or any subsequent transfer of such Indebtedness (other than to the Company or another Material Subsidiary) shall be deemed, in each case, to constitute an Incurrence of such Indebtedness not permitted by this Paragraph 2.1(a)(ii);
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Indebtedness owed. (A) to the Company; or (B) to any Restricted Subsidiary; provided, however, that any event which results in any such Restricted Subsidiary ceasing to be a Restricted Subsidiary or any subsequent transfer of such Indebtedness (other than to the Company or another Restricted Subsidiary) will be deemed, in each case, to constitute an Incurrence of such Indebtedness not permitted by this clause (3); provided that any such Indebtedness owed to the Company or a Subsidiary Guarantor shall be pledged as Collateral securing the Notes Obligations pursuant to the Notes Security Documents;
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Indebtedness owed. (A) to the Company evidenced by an unsubordinated promissory note or (B) to any Restricted Subsidiary; provided that
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Related to Indebtedness owed

  • Indebtedness Create, incur, assume, or be liable for any Indebtedness, or permit any Subsidiary to do so, other than Permitted Indebtedness.

  • Company Indebtedness To the extent reasonably requested by Parent, the Company shall, and shall cause its Subsidiaries to, deliver all notices and take all other actions required to facilitate (a) the termination of commitments in respect of the Company Credit Agreement and Zions Facility and the repayment in full of all obligations in respect of any Indebtedness incurred under the Company Credit Agreement or the Zions Facility, and (b) the termination, repayment, redemption or defeasance of any other Indebtedness for borrowed money incurred by any of the Company and its Subsidiaries after the date of this Agreement and the repayment in full of all obligations in respect of such Indebtedness (it being understood that the Company shall promptly and, in any event, no later than ten days prior to the Merger Closing Date notify Parent of the amount of any such Indebtedness incurred or to be incurred and expected to be outstanding on the Merger Closing Date), and the release of any Encumbrances securing any such Indebtedness described in the foregoing clauses (a) and (b) and guarantees in connection therewith on the Merger Closing Date. In furtherance and not in limitation of the foregoing, the Company and its Subsidiaries shall deliver to Parent (A) at least three Business Days prior to the Merger Closing Date, a draft payoff letter and (B) at least one Business Days prior to the Merger Closing Date, executed payoff letters, with respect to the Company Credit Agreement and the Zions Facility (the “Company Payoff Letters”) in form and substance customary for transactions of this type and in all events subject to Parent’s reasonable consent, from the lenders or other applicable third party (or an authorized agent on behalf thereof) to whom such Indebtedness is owed, which Company Payoff Letters together with any related release documentation shall, among other things, include the payoff amount (the “Company Payoff Amounts”) and provide that Encumbrances (and guarantees), if any, granted in connection therewith relating to the assets, rights and properties of the Company and its Subsidiaries securing the Company Credit Agreement and Zions Facility and any other obligations secured thereby, shall, upon the payment of the Company Payoff Amounts at or prior to the Merger Closing, be released and terminated (and, as promptly as possible following the Merger Closing if not delivered prior to such time, as applicable, termination instruments or release filings of all such Encumbrances securing such Indebtedness, in form and substance reasonably satisfactory to Parent).