Limitation on Restricted Subsidiary Indebtedness Sample Clauses

Limitation on Restricted Subsidiary Indebtedness. The Company will not permit any Restricted Subsidiary to issue, incur, guarantee, assume or in any other manner become directly or indirectly liable or otherwise responsible for (collectively, "issue"), any Indebtedness except (i) Indebtedness issued to and held by the Company, (ii) Indebtedness issued and outstanding on or prior to the date on which such Subsidiary became a Restricted Subsidiary (other than Indebtedness issued in connection with or in anticipation of its becoming a Restricted Subsidiary), (iii) guarantees of Indebtedness of another Restricted Subsidiary, or (iv) Indebtedness issued to refund or refinance Indebtedness referred to in clauses (i) or (ii), provided that the Indebtedness so issued will have (A) a Stated Maturity later than the Stated Maturity of the Indebtedness being refunded or refinanced, (B) an Average Life at least equal to the Average Life of the Indebtedness being refunded or refinanced, and (C) a principal amount (1) not in excess of the principal amount of the Indebtedness being refunded or refinanced plus (2) the principal amount of any unused revolving credit facility being refunded or refinanced.
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Limitation on Restricted Subsidiary Indebtedness. The Company shall not permit any of its Restricted Subsidiaries, directly or indirectly, to create, incur, assume or guarantee any Indebtedness unless immediately thereafter the aggregate amount of all Indebtedness of Restricted Subsidiaries (excluding Indebtedness owed to the Company or a Restricted Subsidiary, including any renewal or replacement thereof) and the discounted present value of all net rentals payable under leases covered by Section 12.08 (and not expressly excluded therefrom) would not exceed 20% of Consolidated Stockholders' Equity; provided, however, that, solely for purposes of this covenant, Indebtedness shall not include indebtedness incurred in connection with overdraft or similar facilities related to settlement, clearing and related activities by a Restricted Subsidiary in the ordinary course of business consistent with past practice to the extent that such indebtedness remains outstanding for a period not to exceed 72 hours; and provided, further, that any indebtedness of a Person (i) existing at the time such Person becomes a Restricted Subsidiary or is merged with or into the Company or a Restricted Subsidiary or other entity or (ii) assumed by the Company or a Subsidiary in connection with the acquisition of all or a portion of the business of such Person, shall not be deemed to be Indebtedness created, incurred, assumed or guaranteed by a Restricted Subsidiary or otherwise deemed to be Indebtedness of a Restricted Subsidiary for purposes of this covenant.
Limitation on Restricted Subsidiary Indebtedness. 37 Section 4.10. Limitation On Other Senior Subordinated Indebtedness..........................................38 Section 4.11. Limitation on Liens...........................................................................38 Section 4.12. Limitation On Issuance of Preferred Stock by Restricted Subsidiaries..........................38 Section 4.13. Limitation on Dividends and Other Payment Restrictions Affecting Restricted Subsidiaries......38 Section 4.14. Limitation On Sale and Leaseback Transactions.................................................39 Section 4.15. Limitation on Transactions With Affiliates....................................................39 Section 4.16. Limitation on Asset Dispositions..............................................................41 Section 4.17. Repurchase Upon Change of Control.............................................................44 Section 4.18. Payment of Taxes and Other Claims.............................................................47 Section 4.19. Maintenance of Properties and Insurance.......................................................47 Section 4.20. Compliance With Securities Laws Upon Purchase of Securities...................................47 Section 4.21.
Limitation on Restricted Subsidiary Indebtedness. So long as any of the Bonds remains outstanding:
Limitation on Restricted Subsidiary Indebtedness. The Company will not, at any time, permit any Restricted Subsidiary to incur, issue, assume or in any other manner become liable in respect of any Indebtedness unless (i) such Indebtedness is Excluded Restricted Subsidiary Indebtedness and immediately prior to the creation thereof, and after giving effect thereto and to any concurrent application of the proceeds of such Indebtedness, no Default or Event of Default would exist, or (ii) such Indebtedness is not Excluded Restricted Subsidiary Indebtedness and is permitted to be incurred at such time under Section 10.5, or (iii) such Indebtedness is a renewal, extension (as to time) or refunding of Indebtedness previously incurred in accordance with clause (i) or clause (ii) hereof, and (A) the principal amount of the Indebtedness being so renewed, extended or refunded which is outstanding at the time of such renewal, extension or refunding is not increased, and (B) immediately prior to such renewal, extension or refunding, and after giving effect thereto, no Default or Event of Default would exist. (b)

Related to Limitation on Restricted Subsidiary Indebtedness

  • Limitation on Subsidiary Indebtedness The Company shall not permit any of the Subsidiaries of the Company to create, incur, assume or suffer to exist any Indebtedness, except:

  • Limitation on Guarantees of Indebtedness by Restricted Subsidiaries The Issuer shall not permit any of its Wholly-Owned Subsidiaries that are Restricted Subsidiaries (and non-Wholly-Owned Subsidiaries if such non-Wholly-Owned Subsidiaries guarantee other capital markets debt securities of the Issuer or any Guarantor), other than a Guarantor, a Foreign Subsidiary or a Securitization Subsidiary, to guarantee the payment of any Indebtedness of the Issuer or any other Guarantor unless:

  • Subsidiary Indebtedness The Borrower will not permit any Subsidiary to create, incur, assume or permit to exist any Indebtedness, except:

  • Limitation on Senior Subordinated Indebtedness The Company will not Incur any Indebtedness that is subordinate or junior in right of payment to any Senior Indebtedness and senior in right of payment to the Securities. No Guarantor will Incur any Indebtedness that is subordinate or junior in right of payment to any Senior Indebtedness of such Guarantor and senior in right of payment to such Guarantor’s Subsidiary Guarantee.

  • Limitation on Subsidiary Debt (a) The Company will not permit any of its Subsidiaries to create, assume, incur, Guarantee or otherwise become liable for or suffer to exist any Indebtedness (any Indebtedness of a Subsidiary of the Company, “Subsidiary Debt”), without Guaranteeing the payment of the principal of, premium, if any, and interest on the Notes on an unsecured unsubordinated basis.

  • Limitation on Restricted Payments (a) The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly:

  • Limitation on Indebtedness Create, incur, assume or suffer to exist any Indebtedness, except:

  • Limitation on Designations of Unrestricted Subsidiaries (a) The Company may designate any Restricted Subsidiary as an “Unrestricted Subsidiary” under this Indenture (a “Designation”) only if:

  • Limitation on Additional Indebtedness The Company will not, and will not permit any Restricted Subsidiary to, directly or indirectly, Incur any Indebtedness unless, after giving effect thereto, either (i) the ratio of Indebtedness of the Company and the Restricted Subsidiaries (excluding, for purposes of this calculation only, purchase money mortgages that are Non-Recourse Indebtedness), to Consolidated Tangible Net Worth of the Company is less than 2.25 to 1; or (ii) the Consolidated Coverage Ratio exceeds 2.0 to 1. Notwithstanding the foregoing, the Company and its Restricted Subsidiaries may Incur: (i) Indebtedness under one or more Bank Credit Facilities in an amount not in excess of $550 million outstanding in the aggregate at any one time; (ii) purchase money mortgages that are Non-Recourse Indebtedness; (iii) Indebtedness Incurred under a Warehouse Facility, provided that the amount of such Indebtedness (excluding funding drafts issued thereunder) outstanding at any time pursuant to this clause (iii) may not exceed 98% of the value of the Mortgages pledged to secure Indebtedness thereunder; (iv) Indebtedness Incurred solely for the purpose of refinancing or repaying any existing Indebtedness so long as (A) the principal amount of such new Indebtedness does not exceed the principal amount of the existing Indebtedness refinanced or repaid (plus the premiums or other payments required to be paid in connection with such refinancing or repayment and the expenses incurred in connection therewith), (B) the maturity of such new Indebtedness is not earlier than that of the existing Indebtedness to be refinanced or repaid, (C) such new Indebtedness, determined as of the date of Incurrence, has an Average Life at least equal to the remaining Average Life of the Indebtedness to be refinanced or repaid, (D) the new Indebtedness is pari passu with or subordinate to the Indebtedness being refinanced or repaid, and (E) the existing and new Indebtedness are obligations of the same entity; and (v) if any Restricted Subsidiary guarantees payment of the Notes pursuant to Section 6.11, Indebtedness of the Company owed to a Guarantor and Indebtedness of any Guarantor owed to the Company or any other Guarantor; provided that upon any Guarantor ceasing to be a Guarantor or such Indebtedness being owed to any Person other than the Company or a Guarantor, the Company or such Restricted Subsidiary, as applicable, shall be deemed to have Incurred Indebtedness not permitted by this clause (v). For purposes of determining compliance with this Section 6.02, in the event that an item of proposed Indebtedness meets the criteria of more than one of the categories of Indebtedness permitted in clauses (i) through (v) above, or is entitled to be incurred pursuant to the first paragraph of this Section 6.02, the Company will be permitted to classify (or later classify or reclassify in whole or in part in its sole discretion) such item of Indebtedness in any manner that complies with this covenant.

  • Limitation on Designation of Unrestricted Subsidiaries (a) The Company may designate after the Issue Date any Subsidiary of the Company as an “Unrestricted Subsidiary” under this Indenture (a “Designation”) only if:

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