Indebtedness; Restrictions; Reinvestments Sample Clauses

Indebtedness; Restrictions; Reinvestments. (a) The General Partner may borrow money or otherwise incur indebtedness on behalf of the Partnership or guaranty indebtedness of companies of which the Partnership holds Securities in an amount not in excess, in the aggregate at any point in time, of ten percent (10%) of the Partners' Capital Commitments to the Partnership; provided that no borrowing or guaranty shall be made by the Partnership if the Limited Partners would be required to recognize unrelated business taxable income within the meaning of Section 512 of the Code as a result thereof.
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Indebtedness; Restrictions; Reinvestments. (a) Without the consent of the Advisory Committee, the General Partner may not borrow money or otherwise incur indebtedness on behalf of the Partnership or guaranty indebtedness of companies of which the Partnership holds Securities in an amount in excess of one million dollars ($1,000,000); PROVIDED THAT no borrowing or guaranty shall be made by the Partnership if the Limited Partners would be required to. recognize unrelated business taxable income within the meaning of Section 512 of the Code as a result thereof.
Indebtedness; Restrictions; Reinvestments. (a) The Partnership may borrow money and guarantee the obligations of, and supply letters of credit on behalf of, Portfolio Companies; provided that at no time shall the Partnership guarantee, directly or indirectly, obligations of a General Partner or a Limited Partner; and further provided that the Partnership shall provide a guaranty to a Portfolio Company only if each member of the General Partner with an interest in that Portfolio Company provides a guaranty on the same terms and in an amount proportional to the investment of such member as compared to the Partnership. While outstanding, any guarantee of the obligations of any Portfolio Company shall be considered an investment in such Portfolio Company for purposes of Paragraph 7.2(b). Additionally, except with the approval of a Majority in Interest of the Limited Partners, the Partnership shall not at any point in time be the guarantor (or the obligor on
Indebtedness; Restrictions; Reinvestments. (a) The General Partner shall not cause the Partnership to borrow money or otherwise incur indebtedness other than on a temporary or short-term basis (not to exceed ninety (90) days) for the sole purpose of making investments in Portfolio Securities pending satisfaction of capital calls issued or to be issued in the future pursuant to Section 3.2. In no event shall the sum of such outstanding borrowings and Partnership guarantees of indebtedness of companies of which the Partnership holds Securities exceed, in the aggregate at any point in time, twenty percent (20%) of the Partners' Capital Commitments to the Partnership.
Indebtedness; Restrictions; Reinvestments. (a) The Partnership may borrow money and guarantee the obligations of, and supply letters of credit on behalf of, Portfolio Companies; provided that at no time shall the Partnership guarantee, directly or indirectly, obligations of a General Partner or a Limited Partner; and further provided that the Partnership shall provide a guaranty to a Portfolio Company only if each member of the General Partner with an interest in that Portfolio Company provides a guaranty on the same terms and in amount proportional to the investment of such member as compared to the Partnership. While outstanding, any guarantee of the obligations of any Portfolio Company shall be considered an investment in such Portfolio Company for purposes of Paragraph 7.2(b). Additionally, except with the approval of a Majority in Interest of the Limited Partners, the Partnership shall not at any point in time be the guarantor (or the obligor on any letter of credit) of then-current liabilities that, in the aggregate, amount to more than thirty percent (30%) of the Total Committed Capital of the Partnership.
Indebtedness; Restrictions; Reinvestments. (a) Subject to Section 10.17, the General Partner may cause the Partnership to borrow money or otherwise incur indebtedness or guarantee indebtedness of Portfolio Companies in an amount not in excess, in the aggregate at any point in time, of ten percent (10%) of the Partners’ Capital Commitments to the Partnership. Notwithstanding the foregoing or the provisions of Section 10.17, the General Partner may cause the Partnership to borrow money or otherwise incur indebtedness on behalf of the Partnership in order to provide the Partnership with short-term liquidity. In connection with borrowing money or otherwise incurring indebtedness pursuant to this Section 7.2(a), the General Partner may cause the Partnership to pledge or otherwise encumber the Partnership’s Securities and other assets as security therefor. Partnership shall not:

Related to Indebtedness; Restrictions; Reinvestments

  • Restrictions on Indebtedness The Borrower will not, and will not permit any of its Subsidiaries to, create, incur, assume, guarantee or be or remain liable, contingently or otherwise, with respect to any Indebtedness other than:

  • Restricted Payments; Restrictive Agreements (a) Declare or make, or agree to declare or make, directly or indirectly, any Restricted Payment (including pursuant to any Synthetic Purchase Agreement), or incur any obligation (contingent or otherwise) to do so; provided, however, that (i) any Subsidiary may declare and pay dividends or make other distributions ratably to its equity holders, (ii) so long as no Event of Default or Default shall have occurred and be continuing or would result therefrom, the Borrower may, or the Borrower may make distributions to Holdings so that Holdings may, repurchase its Equity Interests owned by employees of Holdings, the Borrower or the Subsidiaries or make payments to employees of Holdings, the Borrower or the Subsidiaries upon termination of employment in connection with the exercise of stock options, stock appreciation rights or similar equity incentives or equity based incentives pursuant to management incentive plans or in connection with the death or disability of such employees in an aggregate amount not to exceed $2,000,000 in any fiscal year, (iii) the Borrower may make Restricted Payments to Holdings (x) in an amount not to exceed $500,000 in any fiscal year, to the extent necessary to pay general corporate and overhead expenses incurred by Holdings in the ordinary course of business and (y) if Borrower is a member of a consolidated, combined or unitary group of which Borrower is not the common parent, in an amount necessary to pay the Tax liabilities of the common parent (the “Common Parent”) of the consolidated, combined or unitary group of which Borrower is not the common parent directly attributable to (or arising as a result of) the operations of the Borrower and the Subsidiaries; provided, however, that (A) the amount of such dividends shall not exceed the amount that the Borrower and the Subsidiaries would be required to pay in respect of Federal, state and local taxes were the Borrower and the Subsidiaries to pay such taxes as members of a consolidated, combined, or unitary group of which Borrower is the common parent and (B) all Restricted Payments made to Holdings pursuant to this clause (iii) are used by Holdings to make Restricted Payments as specified in clause (iv) within 20 days of the receipt thereof and (iv) if Borrower is a member of a consolidated, combined or unitary group of which Borrower is not the common parent, then Holdings may make Restricted Payments to the Common Parent (x) in an amount not to exceed $500,000 in any fiscal year, to the extent necessary to pay general corporate and overhead expenses incurred by the Common Parent in the ordinary course of business and (y) in an amount necessary to pay the Tax liabilities of the Common Parent directly attributable to (or arising as a result of) the operations of the Borrower and the Subsidiaries; provided, however, that (A) the amount of such dividends shall not exceed the amount that the Borrower and the Subsidiaries would be required to pay in respect of Federal, state and local taxes were the Borrower and the Subsidiaries to pay such taxes as members of a consolidated, combined or unitary group of which Borrower is the common parent and (B) all Restricted Payments made to the Common Parent pursuant to this clause (iv) are used by the Common Parent for the purposes specified herein within 20 days of the receipt thereof.

  • Negative Pledge Agreements; Dividend Restrictions The Borrower will not, and will not permit any Restricted Subsidiary to, create, incur, assume or suffer to exist any contract, agreement or understanding which prohibits or restricts the granting, conveying, creation or imposition of any Lien on any of its Property in favor of the Administrative Agent and the Lenders or restricts any Restricted Subsidiary from paying dividends or making distributions to the Borrower or any other Restricted Subsidiary, or which requires the consent of other Persons in connection therewith; provided, however, that the preceding restrictions will not apply to encumbrances or restrictions arising under or by reason of (a) this Agreement or the Security Instruments, (b) any leases or licenses or similar contracts as they affect any Property or Lien, (c) any restriction with respect to a Restricted Subsidiary imposed pursuant to an agreement entered into for the direct or indirect sale or disposition of all or substantially all the Equity Interests or Property of such Restricted Subsidiary pending the closing of such sale or disposition, (d) customary provisions with respect to the distribution of Property in joint venture agreements, (e) any agreements with respect to any Restricted Subsidiary acquired in a transaction permitted by Section 9.05 (in which case, any prohibition or limitation shall only be effective against the Property of such Restricted Subsidiary) and (f) any agreements governing Debt permitted by Section 9.02 incurred by the Borrower or any Restricted Subsidiary.

  • Existing Indebtedness; Future Liens (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of the dates specified in such Schedule (and specifying, as to each such Indebtedness, the collateral, if any, securing such Indebtedness), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

  • Additional Restricted Subsidiaries Pursuant to Section 6.11 of the Credit Agreement, certain Restricted Subsidiaries of the Loan Parties that were not in existence or not Restricted Subsidiaries on the date of the Credit Agreement are required to enter in this Agreement as Subsidiary Parties upon becoming Restricted Subsidiaries. Upon execution and delivery by the Collateral Agent and a Restricted Subsidiary of a Security Agreement Supplement, such Restricted Subsidiary shall become a Subsidiary Party hereunder with the same force and effect as if originally named as a Subsidiary Party herein. The execution and delivery of any such instrument shall not require the consent of any other Loan Party hereunder. The rights and obligations of each Loan Party hereunder shall remain in full force and effect notwithstanding the addition of any new Loan Party as a party to this Agreement.

  • Dividend and Other Payment Restrictions Affecting Restricted Subsidiaries (a) The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create or permit to exist or become effective any consensual encumbrance or restriction on the ability of any Restricted Subsidiary to:

  • Noteless Agreement; Evidence of Indebtedness (i) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.

  • Investment Restrictions How the Fund is Managed ................................................................................

  • Limitation on Dividends and Other Payment Restrictions Affecting Restricted Subsidiaries The Company will not, and will not permit any Restricted Subsidiary to, directly or indirectly, create or otherwise cause or suffer to exist or become effective any encumbrance or restriction of any kind on the ability of any Restricted Subsidiary to (a) pay dividends, in cash or otherwise, or make any other distributions to the Company or any Restricted Subsidiary on or in respect of its Capital Stock, (b) pay any Indebtedness owed to the Company or any other Restricted Subsidiary, (c) make loans or advances to the Company or any other Restricted Subsidiary, or (d) transfer any of its properties or assets to the Company or any other Restricted Subsidiary, except in all such cases for such encumbrances or restrictions existing under or by reason of (i) any agreement or instrument in effect on the Issue Date and listed on Schedule D attached to this Indenture, (ii) applicable law or regulation (including corporate governance provisions required by applicable law and regulations of the National Bank of Poland), (iii) customary non-assignment provisions of any lease governing a leasehold interest of the Company or any Restricted Subsidiary, (iv) any agreement or other instrument of a Person acquired by the Company or any Restricted Subsidiary in existence at the time of such acquisition (but not created in contemplation thereof), which encumbrance or restriction is not applicable to any Person, or the properties or assets of any Person, other than the Person, or the property or assets of the Person, so acquired, (v) any mortgage or other Lien on real property acquired or improved by the Company or any Restricted Subsidiary after the Issue Date that prohibits transfers of the type described in (d) above with respect to such real property, (vi) with respect to a Restricted Subsidiary, an agreement that has been entered into for the sale or disposition of all or substantially all of the Company's Capital Stock in, or substantially all the assets of, such Restricted Subsidiary, (vii) the refinancing of Indebtedness incurred under the agreements listed on Schedule B attached to this Indenture or described in clause (v) above, so long as such encumbrances or restrictions are no less favorable in any material respect to the Company or any Restricted Subsidiary than those contained in the respective agreement as in

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