Common use of Limitation on Priority Debt Clause in Contracts

Limitation on Priority Debt. The Company will not, and will not permit any Subsidiary to, create, assume or incur or in any manner be or become liable in respect of any Priority Debt, unless at the time of issuance thereof and after giving effect thereto and to the application of the proceeds thereof, Priority Debt shall not exceed 10% of Consolidated Total Capitalization.

Appears in 1 contract

Samples: Note Purchase Agreement (Odyssey Re Holdings Corp)

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Limitation on Priority Debt. The Company will not, and will not permit any Restricted Subsidiary to, directly or indirectly, create, assume incur, assume, guarantee, or incur otherwise become directly or in any manner be or become indirectly liable in with respect of to, any Priority Debt, unless at on the time of issuance thereof date the Company or such Restricted Subsidiary becomes liable with respect to any such Debt and immediately after giving effect thereto and to the application concurrent retirement of any other Debt of the proceeds thereofCompany or any such Restricted Subsidiary, Priority Debt shall would not exceed 1020% of Consolidated Total CapitalizationAdjusted Net Worth.

Appears in 1 contract

Samples: Note Purchase Agreement (Nn Inc)

Limitation on Priority Debt. The Company will not, and will not permit any Subsidiary to, directly or indirectly, create, assume incur, assume, guarantee, or incur otherwise become directly or in any manner be or become indirectly liable in with respect of to, any Priority Debt, unless at on the time of issuance thereof date the Company or such Subsidiary becomes liable with respect to any such Debt and immediately after giving effect thereto and to the application concurrent retirement of any other Debt of the proceeds thereofCompany or any such Subsidiary, Priority Debt shall would not exceed 1020% of Consolidated Total CapitalizationAdjusted Net Worth.

Appears in 1 contract

Samples: Note Purchase Agreement (Diamond Foods Inc)

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Limitation on Priority Debt. The Company will not, and will not permit any Subsidiary to, create, assume or incur or in any manner be or become liable in respect of any Priority Debt, unless at the time of issuance thereof and after giving effect thereto and to the application of the proceeds thereof, Priority Debt shall not exceed 10the greater of $30,000,000 or 15% of Consolidated Total CapitalizationAdjusted Net Worth.

Appears in 1 contract

Samples: Note Purchase Agreement (Zemex Corp)

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