Common use of Indebtedness Clause in Contracts

Indebtedness. Create, incur, assume, guarantee or suffer to exist, or otherwise become or remain liable with respect to, or permit any of its Subsidiaries to create, incur, assume, guarantee or suffer to exist or otherwise become or remain liable with respect to, any Indebtedness other than Permitted Indebtedness.

Appears in 167 contracts

Samples: Financing Agreement (Regis Corp), Financing Agreement (Xponential Fitness, Inc.), Financing Agreement (Turtle Beach Corp)

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Indebtedness. Create, incur, assume, guarantee or suffer to exist, guarantee, or otherwise become or remain remain, directly or indirectly, liable with respect toto any Indebtedness, or permit any of its Subsidiaries to create, incur, assume, guarantee or suffer to exist or otherwise become or remain liable with respect to, any Indebtedness other than except for Permitted Indebtedness.

Appears in 123 contracts

Samples: Credit Agreement (Acreage Holdings, Inc.), Credit Agreement (Jushi Holdings Inc.), Credit Agreement (Acreage Holdings, Inc.)

Indebtedness. Create, incur, assume, guarantee or suffer to exist, or otherwise become or remain liable with respect to, or permit any of its Subsidiaries to create, incur, assume, guarantee or suffer to exist or otherwise become or remain liable with respect to, any Indebtedness other than Permitted Indebtedness.

Appears in 26 contracts

Samples: Credit and Security Agreement (Armata Pharmaceuticals, Inc.), Credit and Security Agreement (Armata Pharmaceuticals, Inc.), Secured Convertible Credit and Security Agreement (Armata Pharmaceuticals, Inc.)

Indebtedness. Create, incur, assume, guarantee or suffer to existguarantee, or otherwise become or remain liable with respect to, or permit any of its Subsidiaries to create, incur, assume, guarantee or suffer to exist or otherwise become or remain liable with respect to, any Indebtedness other than Indebtedness, except Permitted Indebtedness.

Appears in 22 contracts

Samples: Term Loan Credit Agreement (Lands' End, Inc.), Term Loan Credit Agreement (Lands' End, Inc.), Credit Agreement (Lands' End, Inc.)

Indebtedness. Create, incur, assume, guarantee assume or suffer to exist, or otherwise become be or remain liable with respect to, or permit any of its Subsidiaries to create, incur, assume, guarantee or suffer to exist or otherwise become or remain liable with respect to, any Indebtedness other than Permitted Indebtedness.

Appears in 17 contracts

Samples: Loan and Security Agreement (CNL Strategic Capital, LLC), Loan, Guarantee and Security Agreement (Great Elm Capital Corp.), Loan and Security Agreement (Star Mountain Lower Middle-Market Capital Corp)

Indebtedness. Create, incur, assume, guarantee suffer or suffer permit to exist, or otherwise assume or guarantee, directly or indirectly, contingently or otherwise, or become or remain liable with respect to, or permit any of its Subsidiaries to create, incur, assume, guarantee or suffer to exist or otherwise become or remain liable with respect to, any Indebtedness other than Permitted Indebtednessin excess of the Indebtedness which may be incurred within the limitations contained in Section 5.3 and Section 5.15.

Appears in 8 contracts

Samples: Credit Agreement (Eastgroup Properties Inc), Credit Agreement (Eastgroup Properties Inc), Credit Agreement (Eastgroup Properties Inc)

Indebtedness. Create, incur, assume, guarantee or suffer to exist, or otherwise become or remain liable with respect to, or permit any of its their Subsidiaries to create, incur, assume, guarantee or suffer to exist or otherwise become or remain liable with respect to, any Indebtedness other than Permitted Indebtedness.

Appears in 7 contracts

Samples: Financing Agreement (Frederick's of Hollywood Group Inc /Ny/), Financing Agreement (Frederick's of Hollywood Group Inc /Ny/), Financing Agreement (Movie Star Inc /Ny/)

Indebtedness. Create, incur, assume, guarantee or suffer to exist, or otherwise become or remain liable with respect to, or permit any of its Subsidiaries to create, incur, assume, guarantee or suffer to exist or otherwise become or remain liable with respect to, any Indebtedness Indebtedness, other than Permitted Indebtedness.

Appears in 5 contracts

Samples: Credit Agreement (Boxlight Corp), Credit Agreement (Stronghold Digital Mining, Inc.), Credit Agreement (Boxlight Corp)

Indebtedness. Create, incur, assume, guarantee or suffer to exist, or otherwise become or remain liable with respect to, or permit any of its Restricted Subsidiaries to create, incur, assume, guarantee or suffer to exist or otherwise become or remain liable with respect to, any Indebtedness other than Permitted Indebtedness.

Appears in 5 contracts

Samples: First Lien Credit Agreement (Gannett Co., Inc.), Indenture (Gannett Co., Inc.), First Lien Credit Agreement (Gannett Co., Inc.)

Indebtedness. Create, incur, assume, guarantee or suffer to exist, or otherwise become or remain liable with obligated in respect toof, or permit any of its Subsidiaries to create, incur, assume, guarantee or suffer to exist or otherwise become to be created, assumed or remain liable with respect to, incurred or to be outstanding any Indebtedness other than for Money Borrowed, except for Permitted IndebtednessIndebtedness for Money Borrowed.

Appears in 5 contracts

Samples: Loan and Security Agreement (Airport Systems International Inc), Loan and Security Agreement (Dataflex Corp), Loan and Security Agreement (Centennial Specialty Foods Corp)

Indebtedness. Create, incur, assume, guarantee or suffer to exist, or otherwise become or remain liable with respect to, or permit any of its Subsidiaries to create, incur, assume, guarantee or suffer to exist or otherwise become or remain liable with respect to, any Indebtedness other than (i) Permitted IndebtednessIndebtedness and (ii) guaranties of Permitted Indebtedness of another Loan Party.

Appears in 4 contracts

Samples: Senior Loan Agreement (Retail Ventures Inc), Senior Loan Agreement (DSW Inc.), Financing Agreement (Value City Department Stores Inc /Oh)

Indebtedness. Create, incur, assume, guarantee or suffer to exist, or otherwise become or remain liable with respect to, or permit any of its their Subsidiaries to create, incur, assume, guarantee or suffer to exist or otherwise become or remain liable with respect to, any Indebtedness other than than, so long as no Default or Event of Default has occurred and is continuing, new Permitted Indebtedness.

Appears in 2 contracts

Samples: Debt Financing Agreement (Oakwood Homes Corp), Debtor in Possession Financing Agreement (Oakwood Homes Corp)

Indebtedness. Create, incur, assume, guarantee assume or suffer to exist, or otherwise become or remain liable with respect to, or permit any of its Subsidiaries to create, incur, assume, guarantee assume or suffer to exist or otherwise become or remain liable with respect toexist, any Indebtedness other than Permitted than: (i) in the case of the Borrowers, (A) unsecured Indebtedness., if before and immediately after giving effect to the creation, incurrence or assumption of such Indebtedness:

Appears in 2 contracts

Samples: Term Credit Agreement (General Nutrition Companies Inc), Credit Agreement (General Nutrition Companies Inc)

Indebtedness. Create, incur, assume, ------------ guarantee or suffer to exist, or otherwise become or remain liable with respect to, or permit any of its Subsidiaries to create, incur, assume, guarantee or suffer to exist or otherwise become or remain liable with respect to, any Indebtedness other than Permitted Indebtedness.

Appears in 2 contracts

Samples: Financing Agreement (Solutia Inc), Financing Agreement (Solutia Inc)

Indebtedness. Create, incur, assume, guarantee or suffer to exist, or otherwise become or remain liable with respect to, or permit any of its their Subsidiaries to create, incur, assume, guarantee or suffer to exist or otherwise become or remain liable with respect to, any Indebtedness Indebtedness, other than Permitted Indebtedness.

Appears in 2 contracts

Samples: Financing Agreement (High Voltage Engineering Corp), Financing Agreement (High Voltage Engineering Corp)

Indebtedness. Create, incur, assume, guarantee or suffer to exist, or otherwise become or remain liable with respect to, or permit any of its Subsidiaries to create, incur, assume, guarantee or suffer to exist or otherwise become or remain liable with respect to, any Indebtedness (including, without limitation, preferred Equity Interests) other than Permitted Indebtedness.

Appears in 2 contracts

Samples: Financing Agreement (Wheeler Real Estate Investment Trust, Inc.), Financing Agreement (Wheeler Real Estate Investment Trust, Inc.)

Indebtedness. Create, incur, assume, guarantee or suffer to exist, guarantee, or otherwise become or remain remain, liable with respect toto any Indebtedness, or permit any of its Subsidiaries to create, incur, assume, guarantee or suffer to exist or otherwise become or remain liable with respect to, any Indebtedness other than except for Permitted Indebtedness.

Appears in 2 contracts

Samples: Credit Agreement (Horizon Lines, Inc.), Credit Agreement (Horizon Lines, Inc.)

Indebtedness. Create, incur, assume, guarantee or suffer to exist, or otherwise become or remain liable with respect to, or permit any of its Subsidiaries (other than Foreign Subsidiaries) to create, incur, assume, guarantee or suffer to exist or otherwise become or remain liable with respect to, any Indebtedness other than Permitted Indebtedness.

Appears in 1 contract

Samples: Financing Agreement (Atp Oil & Gas Corp)

Indebtedness. Create, incur, assume, guarantee or suffer to existexist (except with respect to any Indebtedness permitted pursuant to clause (m) of the definition of Permitted Indebtedness that was permitted to be incurred at the time such Indebtedness was incurred), guarantee, or otherwise become or remain remain, directly or indirectly, liable with respect toto any Indebtedness, or permit any of its Subsidiaries to create, incur, assume, guarantee or suffer to exist or otherwise become or remain liable with respect to, any Indebtedness other than except for Permitted Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (American Commercial Lines Inc.)

Indebtedness. Create, incur, assume, guarantee or suffer to existguarantee, or otherwise become or remain liable with respect to, or permit any of its Subsidiaries to create, incur, assume, guarantee or suffer to exist or otherwise become or remain liable with respect to, any Indebtedness other than Indebtedness, except Permitted Indebtedness.. 9656966v810314033v12

Appears in 1 contract

Samples: Credit Agreement (Lands' End, Inc.)

Indebtedness. Create, incur, assume, guarantee or suffer to exist, guarantee, or otherwise become or remain remain, directly or indirectly, liable with respect toto any Indebtedness, unless incurred in the ordinary course of business or permit any of its Subsidiaries to create, incur, assume, guarantee or suffer to exist or Ionis otherwise become or remain liable with respect to, any Indebtedness other than Permitted Indebtednessconsents in writing.

Appears in 1 contract

Samples: Senior Unsecured Line of Credit Agreement (Akcea Therapeutics, Inc.)

Indebtedness. Create, incur, assume, guarantee or suffer to exist, or otherwise become or remain liable with respect toliable, or nor permit any of its Subsidiaries Subsidiary to create, incur, assume, guarantee or suffer to exist exist, or otherwise become or remain liable liable, with respect to, to any Indebtedness other than Permitted Indebtedness.

Appears in 1 contract

Samples: Financing Agreement

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Indebtedness. Create, incur, assume, guarantee or suffer to ------------ exist, or otherwise become or remain liable with respect to, or permit any of its their Restricted Subsidiaries to create, incur, assume, guarantee or suffer to exist or otherwise become or remain liable with respect to, any Indebtedness other than Permitted Indebtedness.

Appears in 1 contract

Samples: Financing Agreement (Lernout & Hauspie Speech Products Nv)

Indebtedness. Create, incur, assume, guarantee or suffer to exist, or otherwise become or remain liable with respect to, or permit any of its Subsidiaries to create, incur, assume, guarantee or suffer to exist or otherwise become or remain liable with respect toto any Debt, any Indebtedness other than Permitted Indebtedness.

Appears in 1 contract

Samples: Secured Promissory Note (MoneyOnMobile, Inc.)

Indebtedness. Create, incur, assume, guarantee or suffer to exist, guarantee, or otherwise become or remain remain, directly or indirectly, liable with respect toto any Indebtedness, or permit any of its Subsidiaries to create, incur, assume, guarantee or suffer to exist or otherwise become or remain liable with respect to, any Indebtedness other than except Permitted Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Magnetek Inc)

Indebtedness. Create, incur, assume, guarantee or suffer to exist, or otherwise become or remain liable with obligated in respect toof, or permit any of its Subsidiaries to create, incur, assume, guarantee or suffer to exist or otherwise become to be created, assumed or remain liable with respect to, incurred or to be outstanding any Indebtedness other than for Money Borrowed, except for Contingent Insurance Obligations and for Permitted IndebtednessIndebtedness for Money Borrowed.

Appears in 1 contract

Samples: Loan and Security Agreement (Shoneys Inc)

Indebtedness. Create, incur, permit to exist or assume, guarantee or suffer to exist, or otherwise become or remain liable with respect to, cause or permit any of its Covered Subsidiaries or Subsidiaries to create, incur, assume, guarantee or suffer permit to exist or otherwise become or remain liable with respect toassume, any Indebtedness other than the Permitted Indebtedness.;

Appears in 1 contract

Samples: Share Purchase Agreement (Xinhua Finance Media LTD)

Indebtedness. Create, incur, assume, guarantee or suffer to exist, or ------------ otherwise become or remain liable with respect to, or permit any of its Subsidiaries to create, incur, assume, guarantee or suffer to exist or otherwise become or remain liable with respect to, any Indebtedness other than Permitted IndebtednessIndebtedness and other than Indebtedness constituting prepetition claims in Borrower's Bankruptcy Case.

Appears in 1 contract

Samples: Financing Agreement (Gulf States Steel Inc /Al/)

Indebtedness. Create, incur, assume, guarantee assume or suffer to exist, or otherwise become or remain be liable with in respect to, or permit any of its Subsidiaries to create, incur, assume, guarantee or suffer to exist or otherwise become or remain liable with respect toof, any Indebtedness other than except Permitted Indebtedness.

Appears in 1 contract

Samples: Master Repurchase Agreement (Angel Oak Mortgage, Inc.)

Indebtedness. Create, incur, assume, guarantee or suffer to exist, or otherwise become or remain liable with ------------ obligated in respect toof, or permit any of its Subsidiaries to create, incur, assume, guarantee or suffer to exist or otherwise become to be created, assumed or remain liable with respect to, incurred or to be outstanding any Indebtedness other than for Money Borrowed, except for Permitted IndebtednessIndebtedness for Money Borrowed.

Appears in 1 contract

Samples: Loan and Security Agreement (Acr Group Inc)

Indebtedness. Create, incur, assume, guarantee or suffer to exist, or otherwise become or remain liable with respect to, or permit any of its Subsidiaries to create, incur, assume, guarantee or suffer to exist or otherwise become or remain liable with respect to, any Indebtedness other than Permitted Indebtedness. [***] DESIGNATES PORTIONS OF THIS DOCUMENT THAT HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND FILED SEPARATELY WITH THE COMMISSION.

Appears in 1 contract

Samples: Financing Agreement (Vivint Solar, Inc.)

Indebtedness. (i) Create, incur, assume, guarantee or suffer to exist, or otherwise become or remain liable with respect to, or permit any of its Subsidiaries to create, incur, assume, guarantee or suffer to exist or otherwise become or remain liable with respect to, any Indebtedness other than Permitted Indebtedness. (ii) Forgiveness of any Indebtedness owed to any Loan Party on the date hereof unless otherwise consented to by the Required Lenders.

Appears in 1 contract

Samples: Financing Agreement (Lakes Entertainment Inc)

Indebtedness. Create, incur, assume, guarantee or suffer to exist, or otherwise become or remain liable with obligated in respect toof, or permit any of its Subsidiaries to create, incur, assume, guarantee or suffer to exist or otherwise become to be created, assumed or remain liable with respect to, incurred or to be outstanding any Indebtedness other than for Money Borrowed, except for Permitted IndebtednessIndebtedness and for the Secured Obligations.

Appears in 1 contract

Samples: Revolving Credit Loan and Security Agreement (Freedom Financial Group Inc)

Indebtedness. Create, incur, assume, guarantee or suffer to exist, or otherwise become or remain liable with respect to, or permit any of its Subsidiaries to create, incur, assume, guarantee or suffer to exist or otherwise become or remain liable with respect to, any Indebtedness other than Permitted Indebtedness.,

Appears in 1 contract

Samples: Financing Agreement (Mondee Holdings, Inc.)

Indebtedness. Create, incur, assume, guarantee or suffer to exist, or otherwise become or remain liable with respect to, or permit any of its Subsidiaries to create, incur, assume, guarantee or suffer to exist exist, or otherwise become or remain liable liable, with respect to, to any Indebtedness other than Permitted Indebtedness.

Appears in 1 contract

Samples: Master Debenture Supplement Agreement

Indebtedness. Create, incur, assume, guarantee or suffer to exist, exist or otherwise become or remain liable with respect to, or permit any of its Subsidiaries to create, incur, assume, guarantee or suffer to exist or otherwise become or remain liable with respect to, any Indebtedness other than Permitted Indebtedness.

Appears in 1 contract

Samples: Financing Agreement (Westmoreland Resource Partners, LP)

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