Limit on Indebtedness. The Company and its subsidiaries shall not, directly or indirectly, create, incur, assume or be or remain liable with respect to, any indebtedness or obligation other than indebtedness (i) outstanding on the date hereof described on Schedule 5.2(a); or (ii) arising in the ordinary course of the Company’s business that are approved by the Company’s Board of Directors.
Limit on Indebtedness. Neither Obligor will create, incur or suffer to exist or guarantee any Indebtedness except any one or more of the following:
(i) Indebtedness incurred in connection with the Securities (including the Partnership Loan, the Partnership Guarantee and the Debt Service LOC Loans);
(ii) trade or other similar Indebtedness incurred in the ordinary course of business;
(iii) Additional Senior Indebtedness to be used for working capital purposes of up to the greater of (x) $15,000,000 and (y) 120% of Project Revenues for the month immediately preceding the incurrence of such Indebtedness;
(iv) Additional Senior Indebtedness, the proceeds of which are applied to fund Capital Expenditures (including, without limitation, Capital Expenditures previously made for which the FERC requires a different percentage of Indebtedness than was originally sought by the Partnership in an application to the FERC) provided that, after giving effect to the incurrence of such Indebtedness, the ratio of Indebtedness to Total Capitalization of the Partnership does not exceed 70/100;
(v) Affiliate Subordinated Debt; and
(vi) any Additional Senior Indebtedness not set forth in clauses (i) through (v) above, so long as immediately after giving effect to the incurrence thereof, there shall be No Ratings Downgrade.
Limit on Indebtedness. Shall not create, assume or incur any --------------------- indebtedness, in the aggregate, exceeding Fifteen Million Dollars ($15,000,000), increasing by Five Million Dollars ($5,000,000) per Fiscal Year, plus amounts secured by inventory and/or receivables for working capital lines and indebtedness incurred to acquire property, plant or equipment and secured by the acquired asset, and any refinancing of any of the foregoing, exclusive of (i) amounts outstanding under this Agreement or the Company Credit Facility Agreement and (ii) indebtedness approved by the Board of Directors of the Company while the "Supermajority Provisions" were in effect.
Limit on Indebtedness. Incur or assume any Debt other than the Indebtedness and other than trade payables incurred in the ordinary course of business, without prior Lender consent. Any Debt, other than Debt to Lender, shall be subordinated to Lender, and Borrower may not make any payments on other Debt (other than trade accounts payable as incurred) without Lender's prior written consent.
Limit on Indebtedness. It is the intention of the Mortgagor and the Secured Persons that this Mortgage not constitute a fraudulent transfer or fraudulent conveyance under any state or federal law that may be applied hereto. The Mortgagor and, by the Mortgagee’s acceptance hereof, the Mortgagee and the Secured Persons hereby acknowledge and agree that, notwithstanding any other provision of this Mortgage: (a) the indebtedness secured hereby shall be limited to the maximum amount of indebtedness that can be incurred or secured by the Mortgagor without rendering this Mortgage voidable under applicable law relating to fraudulent conveyances or fraudulent transfers, and (b) the Property granted by the Mortgagor hereunder shall be limited to the maximum amount of Property that can be granted by the Mortgagor without rendering this Mortgage voidable under applicable law relating to fraudulent conveyances or fraudulent transfers.
Limit on Indebtedness. Allow Borrower to incur or assume any Debt other than the Indebtedness and other than trade payables incurred in the ordinary course of business, without prior Lender consent.
Limit on Indebtedness. As at the Effective Time, the Company shall have no more than $725 million outstanding under the Company Credit Agreement (which shall exclude the item set out in Section 6.2(5) of the Company Disclosure Letter).
Limit on Indebtedness. 21 SECTION 9.2 Prohibition on Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 SECTION 9.3
Limit on Indebtedness. The Borrower shall not, and shall not permit any of its Subsidiaries to, directly or indirectly, create, incur, assume or guaranty, or otherwise become or remain directly or indirectly liable with respect to, any Indebtedness other than the Liabilities and the Indebtedness described on Schedule VI to this Agreement.
Limit on Indebtedness. The Agency covenants with the Owners of all of the Bonds at any time Outstanding that it will not enter into any Agency Indebtedness or make any expenditure payable from taxes allocated to the Agency under the Law the payments of which, together with payments theretofore made or to be made with respect to other Agency Indebtedness (including, but not limited to the Bonds) previously entered into by the Agency, would exceed the then- effective limit on the amount of taxes which can be allocated to the Agency pursuant to the Law and the Redevelopment Plan.
