Common use of Intercompany Indebtedness Clause in Contracts

Intercompany Indebtedness. The Borrower shall cause all Indebtedness owing by any Obligor to any Subsidiary of the Borrower which is not an Obligor to be subordinated and postponed, pursuant to the Postponement and Subordination Undertaking, to the Secured Obligations of such Obligor for so long as a Default has occurred and is continuing. The Borrower shall cause any Subsidiary of the Borrower which is not an Obligor, prior to the incurrence of any such Indebtedness, to execute and deliver to the Administrative Agent the Postponement and Subordination Undertaking or an instrument of adhesion thereto.

Appears in 8 contracts

Samples: Credit Agreement (New Gold Inc. /FI), Loan Agreement (New Gold Inc. /FI), Credit Agreement (New Gold Inc. /FI)

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Intercompany Indebtedness. The Borrower shall cause all Indebtedness owing by any Obligor to any Subsidiary of the Borrower which is not an Obligor to be subordinated and postponed, pursuant to the Postponement and Subordination Undertaking, to the Secured Obligations of such Obligor for so long as a Default has occurred and is continuing. The Borrower shall cause any Subsidiary of the Borrower which is not an Obligor, prior to the incurrence of any such Indebtedness, to execute and deliver to the Administrative Agent the a Postponement and Subordination Undertaking or an instrument of adhesion thereto.

Appears in 3 contracts

Samples: Credit Agreement (Silvercrest Mines Inc), Credit Agreement (Endeavour Silver Corp), Credit Agreement (Endeavour Silver Corp)

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Intercompany Indebtedness. The Borrower shall cause all Indebtedness owing by any Obligor to any Subsidiary of the Borrower which is not an Obligor to be subordinated and postponed, pursuant to the a Postponement and Subordination UndertakingAgreement, to the Secured Obligations of such Obligor for so long as a an Event of Default has occurred and is continuing. The Borrower shall cause any Subsidiary of the Borrower which is not an Obligor, prior to the incurrence of any such Indebtedness, to execute and deliver to the Administrative Agent the a Postponement and Subordination Undertaking Agreement or an instrument of adhesion thereto.

Appears in 2 contracts

Samples: Credit Agreement (SilverCrest Metals Inc.), Credit Agreement (Orla Mining Ltd.)

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