Common use of Indebtedness; Senior Securities Clause in Contracts

Indebtedness; Senior Securities. The Borrower will not (a) create, incur, assume or suffer to exist any liability for Indebtedness, except (i) Indebtedness under the Loan Documents, (ii) Indebtedness (other than Indebtedness for borrowed money) (A) incurred in the ordinary course of business, (B) permitted to be incurred in accordance with the Fundamental Policies, and (C) which, immediately after giving effect thereto and any simultaneous repayment of any other Indebtedness, would not cause the Borrower to have exceeded the Maximum Permitted Borrowing, and (iii) Indebtedness to the Custodian (A) incurred for the purposes of clearing and settling purchases and sales of securities, or (B) up to an aggregate amount not to exceed $5,000,000 at any one time outstanding under this clause (iii)(B) for temporary or emergency purposes, or (b) issue, sell, create, incur, assume or suffer to exist any Senior Security, except Senior Securities Representing Indebtedness otherwise permitted hereunder.

Appears in 3 contracts

Samples: Credit Agreement (Voya SENIOR INCOME FUND), Credit Agreement (Voya SENIOR INCOME FUND), Security Agreement (Voya SENIOR INCOME FUND)

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Indebtedness; Senior Securities. The Borrower will not (a) create, incur, assume or suffer to exist any liability for Indebtedness, except (i) Indebtedness under the Loan Credit Documents, (ii) Indebtedness (other than Indebtedness for borrowed money) ), provided that (A) such Indebtedness is incurred in the ordinary course of business, (B) such Indebtedness is permitted to be incurred in accordance with the Fundamental Policies, and (C) which, immediately after giving effect thereto and any simultaneous repayment of any other Indebtedness, no Default would not cause the Borrower to have exceeded the Maximum Permitted Borrowingoccur or be continuing, and (iii) Indebtedness to the Custodian (A1) incurred for the purposes of clearing and settling purchases and sales of securities, or (B2) up to an aggregate amount not to exceed $5,000,000 10,000,000 at any one time outstanding under this clause (iii)(B2), (I) for temporary or emergency purposes, purposes or (II) related to any foreign exchange transactions or (b) issue, sell, create, incur, assume or suffer to exist any Senior Security, except Senior Securities Representing Indebtedness otherwise permitted hereunder.

Appears in 3 contracts

Samples: Credit Agreement (Aberdeen Asia-Pacific Income Fund Inc), Credit Agreement (Aberdeen Asia-Pacific Income Fund Inc), Credit Agreement (Aberdeen Asia-Pacific Income Fund Inc)

Indebtedness; Senior Securities. The Borrower will not (aI) create, incur, assume or suffer to exist any liability for Indebtedness, except (ia) Indebtedness under the Loan Documents, (iib) Indebtedness (other than Indebtedness for borrowed money) (Ai) incurred in the ordinary course of business, (Bii) permitted to be incurred in accordance with the Fundamental Policies, and (Ciii) which, immediately after giving effect thereto and any simultaneous repayment of any other Indebtedness, Indebtedness would not cause the Borrower to have exceeded the Maximum Permitted Borrowing, and (iiic) Indebtedness to the Custodian (Ai) incurred for the purposes of clearing and settling purchases and sales of securities, or (Bii) up to an aggregate amount not to exceed $5,000,000 at any one time outstanding under this clause (iii)(Bii), (1) for temporary or emergency purposes, or (b2) related to any foreign exchange transactions, or (II) issue, sell, create, incur, assume or suffer to exist any Senior Security, except Senior Securities Representing Indebtedness otherwise permitted hereunder.

Appears in 1 contract

Samples: Credit Agreement (Highland Floating Rate Advantage Fund)

Indebtedness; Senior Securities. The Borrower will not (a) create, incur, assume or suffer to exist any liability for Indebtedness, except (i) Indebtedness under the Loan Documents, (ii) Indebtedness (other than Indebtedness for borrowed money) (A) incurred in the ordinary course of business, (B) permitted to be incurred in accordance with the Fundamental Policies, and (C) which, immediately after giving effect thereto and any simultaneous repayment of any other Indebtedness, would not cause the Borrower to have exceeded the Maximum Permitted Borrowing, and (iii) Indebtedness to the Custodian (A1) incurred for the purposes of clearing and settling purchases and sales of securities, or (B2) up to an aggregate amount not to exceed $5,000,000 100,000 at any one time outstanding under this clause (iii)(B2), (I) for temporary or emergency purposespurposes or (II) related to any foreign exchange transactions, or (b) issue, sell, create, incur, assume or suffer to exist any Senior Security, except Senior Securities Representing Indebtedness otherwise permitted hereunder.

Appears in 1 contract

Samples: Credit Agreement (First Trust/Four Corners Senior Floating Rate Income Fund)

Indebtedness; Senior Securities. The Borrower will not (a) createa)create, incur, assume or suffer to exist any liability for Indebtedness, except (i) Indebtedness i)Indebtedness under the Loan Documents, (ii) Indebtedness ii)Indebtedness (other than Indebtedness for borrowed money) (A) incurred in the ordinary course of business, (B) permitted to be incurred in accordance with the Fundamental Policies, and (C) which, immediately after giving effect thereto and any simultaneous repayment of any other Indebtedness, would not cause the Borrower to have exceeded the Maximum Permitted Borrowing, and (iii) Indebtedness iii)Indebtedness to the Custodian (A) incurred for the purposes of clearing and settling purchases and sales of securities, or (B) up to an aggregate amount not to exceed $5,000,000 at any one time outstanding under this clause (iii)(B) for temporary or emergency purposes, or (b) issueb)issue, sell, create, incur, assume or suffer to exist any Senior Security, except Senior Securities Representing Indebtedness otherwise permitted hereunder.

Appears in 1 contract

Samples: Credit Agreement (Voya SENIOR INCOME FUND)

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Indebtedness; Senior Securities. The Borrower will not (a) create, incur, assume or suffer to exist any liability for Indebtedness, except (i) Indebtedness under the Loan Documents, (ii) Indebtedness (other than Indebtedness for borrowed money) (A) incurred in the ordinary course of business, (B) permitted to be incurred in accordance with the Fundamental Policies, and (C) which, immediately after giving effect thereto and any simultaneous repayment of any other Indebtedness, would not cause the Borrower to have exceeded the Maximum Permitted Borrowing, and (iii) Indebtedness to the Custodian (A1) incurred for the purposes of clearing and settling purchases and sales of securities, or (B2) up to an aggregate amount not to exceed $5,000,000 500,000 at any one time outstanding under this clause (iii)(B2), (I) for temporary or emergency purposespurposes or (II) related to any foreign exchange transactions, or (b) issue, sell, create, incur, assume or suffer to exist any Senior Security, except Senior Securities Representing Indebtedness otherwise permitted hereunder.

Appears in 1 contract

Samples: Credit Agreement (Aberdeen Global Income Fund Inc)

Indebtedness; Senior Securities. The Borrower will not (aI) create, incur, assume or suffer to exist any liability for Indebtedness, except (ia) Indebtedness under the Loan Documents, (iib) Indebtedness (other than Indebtedness for borrowed money) (Ai) incurred in the ordinary course of business, (Bii) permitted to be incurred in accordance with the Fundamental Policies, and (Ciii) which, immediately after giving effect thereto and any simultaneous repayment of any other Indebtedness, would not cause the Borrower to have exceeded the Maximum Permitted Borrowingbe in Default under Section 7.7, and (iiic) Indebtedness to the Custodian (Ai) incurred for the purposes of clearing and settling purchases and sales of securitiessecurities or other investments, or (Bii) up to an aggregate amount not to exceed $5,000,000 1,000,000 at any one time outstanding under this clause (iii)(Bii), (1) for temporary or emergency purposes, or (b2) related to any foreign exchange transactions, or (II) issue, sell, create, incur, assume or suffer to exist any Senior Security, except Senior Securities Representing Indebtedness otherwise permitted hereunder.

Appears in 1 contract

Samples: Credit Agreement (Avenue Income Credit Strategies Fund)

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