Limitation on Subsidiary Indebtedness. Permit any Subsidiary to create, incur, assume, suffer to exist, or otherwise become or remain directly or indirectly liable with respect to, any Indebtedness or Contingent Obligations, except: (a) Indebtedness outstanding on the date hereof and listed on Schedule 7.05 and any refinancings, refundings, renewals or extensions thereof; provided that the amount of such Indebtedness is not increased at the time of such refinancing, refunding, renewal or extension except by an amount equal to a reasonable premium or other reasonable amount paid, and fees and expenses reasonably incurred, in connection therewith and by an amount equal to any existing commitments unutilized thereunder; (b) letters of credit, bid bonds, performance guarantees and overdraft obligations guaranteed by the Borrower so long as the aggregate Indebtedness and Contingent Obligations under this subsection (b) is not of any time in excess of $30,000,000; (c) endorsements for collection or deposit in the ordinary course of business; (d) Indebtedness of any Subsidiary incurred pursuant to a Permitted Receivables Facility; (e) Indebtedness consisting of (i) the 1.019% unsecured private placement notes issued by Xxxx Bros. Co. Ltd. (“Xxxx”) in May 2003 in the original principal amount of 20,864,375,000 Japanese Yen and maturing May 7, 2010, and (ii) all loans and other obligations incurred by Xxxx under a revolving credit facility with Bank of Tokyo-Mitsubishi UFJ (f/k/a Bank of Tokyo-Mitsubishi) in the maximum aggregate principal amount at any time outstanding of 1,000,000,000 Japanese Yen, and, with respect to both clauses (i) and (ii), any refinancings, refundings, renewals or extensions thereof; provided that the amount of such Indebtedness is not increased at the time of such refinancing, refunding, renewal or extension except by an amount equal to a reasonable premium or other reasonable amount paid, and fees and expenses reasonably incurred, in connection therewith and by an amount equal to any existing commitments unutilized thereunder; and (f) other Indebtedness or Contingent Obligations, provided that the aggregate amount of Indebtedness and Contingent Obligations permitted under subsections (a) and (f) of this Section 7.05 shall not exceed $250,000,000. The restrictions contained in this Section shall not include any Indebtedness of any Subsidiary incurred under this Agreement.
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Samples: Credit Agreement (St Jude Medical Inc), Credit Agreement (St Jude Medical Inc)
Limitation on Subsidiary Indebtedness. Permit any Subsidiary to create, incur, assume, suffer to exist, or otherwise become or remain directly or indirectly liable with respect to, any Indebtedness or Contingent Obligations, except:
(a) Indebtedness outstanding on the date hereof and listed on Schedule 7.05 and any refinancings, refundings, renewals or extensions thereof; provided that the amount of such Indebtedness is not increased at the time of such refinancing, refunding, renewal or extension except by an amount equal to a reasonable premium or other reasonable amount paid, and fees and expenses reasonably incurred, in connection therewith and by an amount equal to any existing commitments unutilized thereunder;
(b) letters of credit, bid bonds, performance guarantees and overdraft obligations guaranteed by the Borrower so long as the aggregate Indebtedness and Contingent Obligations under this subsection (b) is not of any time in excess of $30,000,00075,000,000;
(c) endorsements for collection or deposit in the ordinary course of business;
(d) Indebtedness of any Subsidiary incurred pursuant to a Permitted Receivables Facility;
(e) Indebtedness consisting of (i) the 1.0191.58% unsecured private placement notes issued by Xxxx Bros. St. Jude Medical Japan Co. Ltd. (“XxxxSJM Japan”) in May 2003 April 2010 in the original principal amount of 20,864,375,000 8,140,500,000 Japanese Yen Yen, guaranteed by the Borrower and maturing May 7Xxxxx 00, 20100000, (xx) the 2.04% unsecured private placement notes issued by SJM Japan in April 2010 in the original principal amount of 12,753,450,000 Japanese Yen, guaranteed by the Borrower and maturing April 20, 2020, and (iiiii) all loans and other obligations incurred by Xxxx SJM Japan under a revolving credit an overdraft facility with Mizuho Corporate Bank of Tokyo-Mitsubishi UFJ (f/k/a Bank of Tokyo-Mitsubishi) in the maximum aggregate principal amount at any time outstanding of 1,000,000,000 8,000,000,000 Japanese Yen, and, with respect to both each of clauses (i), (ii) and (iiiii), any refinancings, refundings, renewals or extensions thereof; provided that the amount of such Indebtedness is not increased at the time of such refinancing, refunding, renewal or extension except by an amount equal to a reasonable premium or other reasonable amount paid, and fees and expenses reasonably incurred, in connection therewith and by an amount equal to any existing commitments unutilized thereunder;
(f) Indebtedness consisting of (i) agreements by a Subsidiary in connection with an acquisition to provide additional consideration payments upon the achievement of certain milestones, (ii) contingent commitments by a Subsidiary to acquire various businesses involved in the distribution of the Borrower’s or its Subsidiaries’ products, (iii) commitments by a Subsidiary to fund minority investments and (iv) other contingent acquisition payments to be made by a Subsidiary; and
(fg) other Indebtedness or Contingent Obligations, provided that the aggregate amount of Indebtedness and Contingent Obligations permitted under subsections (a) and (fg) of this Section 7.05 shall not exceed $250,000,000. The restrictions contained in this Section shall not include any Indebtedness of any Subsidiary incurred under this Agreement.
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Limitation on Subsidiary Indebtedness. Permit any Subsidiary to create, incur, assume, suffer to exist, or otherwise become or remain directly or indirectly liable with respect to, any Indebtedness or Contingent Obligations, except:
(a) Indebtedness outstanding on the date hereof and listed on Schedule 7.05 and any refinancings, refundings, renewals or extensions thereof; provided that the amount of such Indebtedness is not increased at the time of such refinancing, refunding, renewal or extension except by an amount equal to a reasonable premium or other reasonable amount paid, and fees and expenses reasonably incurred, in connection therewith and by an amount equal to any existing commitments unutilized thereunder;
(b) letters of credit, bid bonds, performance guarantees and overdraft obligations guaranteed by the Borrower so long as the aggregate Indebtedness and Contingent Obligations under this subsection (b) is not of any time in excess of $30,000,000200,000,000;
(c) endorsements for collection or deposit in the ordinary course of business;
(d) Indebtedness of any Subsidiary incurred pursuant to a Permitted Receivables Facility;
(e) Indebtedness consisting of (i) the 1.0191.58% unsecured private placement notes issued by Xxxx Bros. St. Jude Medical Japan Co. Ltd. (“XxxxSJM Japan”) in May 2003 April 2010 in the original principal amount of 20,864,375,000 8,140,500,000 Japanese Yen Yen, guaranteed by the Borrower and maturing May 7Xxxxx 00, 20100000, (xx) the 2.04% unsecured private placement notes issued by SJM Japan in April 2010 in the original principal amount of 12,753,450,000 Japanese Yen, guaranteed by the Borrower and maturing April 20, 2020, and (iiiii) all loans and other obligations incurred by Xxxx SJM Japan under a revolving credit an overdraft facility with Mizuho Bank of Tokyo-Mitsubishi UFJ (f/k/a Bank of Tokyo-Mitsubishi) Ltd. and Sumitomo Mitsui Banking Corporation in the maximum aggregate principal amount at any time outstanding of 1,000,000,000 8,000,000,000 Japanese Yen, and, with respect to both each of clauses (i), (ii) and (iiiii), any refinancings, refundings, renewals or extensions thereof; provided that the amount of such Indebtedness is not increased at the time of such refinancing, refunding, renewal or extension except by an amount equal to a reasonable premium or other reasonable amount paid, and fees and expenses reasonably incurred, in connection therewith and by an amount equal to any existing commitments unutilized thereunder; and;
(f) Indebtedness consisting of (i) agreements by a Subsidiary in connection with an acquisition to provide additional consideration payments upon the achievement of certain milestones, (ii) contingent commitments by a Subsidiary to acquire various businesses involved in the distribution of the Borrower’s or its Subsidiaries’ products, (iii) commitments by a Subsidiary to fund minority investments and (iv) other contingent acquisition payments to be made by a Subsidiary;
(g) other Indebtedness or Contingent Obligations, provided that the aggregate amount of Indebtedness and Contingent Obligations permitted under subsections (a) and (fg) of this Section 7.05 shall not exceed $250,000,000500,000,000;
(h) Indebtedness permitted under Section 7.04; and
(i) Indebtedness under this Agreement. The restrictions contained in this Section 7.05 shall not include any Indebtedness of any Subsidiary incurred under this Agreement.
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Limitation on Subsidiary Indebtedness. Permit any Subsidiary to create, incur, assume, suffer to exist, or otherwise become or remain directly or indirectly liable with respect to, any Indebtedness or Contingent Obligations, except:
(a) Indebtedness outstanding on the date hereof and listed on Schedule 7.05 and any refinancings, refundings, renewals or extensions thereof; provided that the amount of such Indebtedness is not increased at the time of such refinancing, refunding, renewal or extension except by an amount equal to a reasonable premium or other reasonable amount paid, and fees and expenses reasonably incurred, in connection therewith and by an amount equal to any existing commitments unutilized thereunder;
(b) letters of credit, bid bonds, performance guarantees and overdraft obligations guaranteed by the Borrower so long as the aggregate Indebtedness and Contingent Obligations under this subsection (b) is not of any time in excess of $30,000,000;
(c) endorsements for collection or deposit in the ordinary course of business;
(d) Indebtedness of any Subsidiary incurred pursuant to a Permitted Receivables Facility;
(e) Indebtedness consisting of (i) the 1.019% unsecured private placement notes issued by Xxxx Getz Bros. Co. Ltd. (“Xxxx”"Getz") in May 2003 in the original principal amount amoxxx of 20,864,375,000 Japanese Xxxxnese Yen and maturing May 7, 2010, and (ii) all loans and other obligations incurred by Xxxx Getz under a revolving credit facility with Bank of Tokyo-Mitsubishi UFJ (f/k/a Bank of Tokyo-Mitsubishi) in the ix xxe maximum aggregate principal amount at any time outstanding of 1,000,000,000 2,735,625,000 Japanese Yen, and, with respect to both clauses (i) and (ii), any refinancings, refundings, renewals or extensions thereof; provided that the amount of such Indebtedness is not increased at the time of such refinancing, refunding, renewal or extension except by an amount equal to a reasonable premium or other reasonable amount paid, and fees and expenses reasonably incurred, in connection therewith and by an amount equal to any existing commitments unutilized thereunder; and.
(f) other Indebtedness or Contingent Obligations, provided that the aggregate amount of Indebtedness and Contingent Obligations permitted under subsections (a) and (f) of this Section 7.05 shall not exceed $250,000,000125,000,000. The restrictions contained in this Section shall not include any Indebtedness of any Subsidiary incurred under this Agreement or under the 364-Day Agreement.
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Limitation on Subsidiary Indebtedness. Permit any Subsidiary to create, incur, assume, suffer to exist, or otherwise become or remain directly or indirectly liable with respect to, any Indebtedness or Contingent Obligations, except:
(a) Indebtedness outstanding on the date hereof and listed on Schedule 7.05 and any refinancings, refundings, renewals or extensions thereof; provided that the amount of such Indebtedness is not increased at the time of such refinancing, refunding, renewal or extension except by an amount equal to a reasonable premium or other reasonable amount paid, and fees and expenses reasonably incurred, in connection therewith and by an amount equal to any existing commitments unutilized thereunder;
(b) letters of credit, bid bonds, performance guarantees and overdraft obligations guaranteed by the Borrower so long as the aggregate Indebtedness and Contingent Obligations under this subsection (b) is not of any time in excess of $30,000,000200,000,000;
(c) endorsements for collection or deposit in the ordinary course of business;
(d) Indebtedness of any Subsidiary incurred pursuant to a Permitted Receivables Facility;
(e) Indebtedness consisting of (i) the 1.0191.58% unsecured private placement notes issued by Xxxx Bros. St. Jude Medical Japan Co. Ltd. (“XxxxSJM Japan”) in May 2003 April 2010 in the original principal amount of 20,864,375,000 8,140,500,000 Japanese Yen Yen, guaranteed by the Borrower and maturing May 7Xxxxx 00, 20100000, (xx) the 2.04% unsecured private placement notes issued by SJM Japan in April 2010 in the original principal amount of 12,753,450,000 Japanese Yen, guaranteed by the Borrower and maturing April 20, 2020, and (iiiii) all loans and other obligations incurred by Xxxx SJM Japan under a revolving credit an overdraft facility with Mizuho Bank of Tokyo-Mitsubishi UFJ (f/k/a Bank of Tokyo-Mitsubishi) Ltd. and Sumitomo Mitsui Banking Corporation in the maximum aggregate principal amount at any time outstanding of 1,000,000,000 8,000,000,000 Japanese Yen, and, with respect to both each of clauses (i), (ii) and (iiiii), any refinancings, refundings, renewals or extensions thereof; provided that the amount of such Indebtedness is not increased at the time of such refinancing, refunding, renewal or extension except by an amount equal to a reasonable premium or other reasonable amount paid, and fees and expenses reasonably incurred, in connection therewith and by an amount equal to any existing commitments unutilized thereunder; and;
(f) Indebtedness consisting of (i) agreements by a Subsidiary in connection with an acquisition to provide additional consideration payments upon the achievement of certain milestones, (ii) contingent commitments by a Subsidiary to acquire various businesses involved in the distribution of the Borrower’s or its Subsidiaries’ products, (iii) commitments by a Subsidiary to fund minority investments and (iv) other contingent acquisition payments to be made by a Subsidiary;
(g) other Indebtedness or Contingent Obligations, provided that the aggregate amount of Indebtedness and Contingent Obligations permitted under subsections (a) and (fg) of this Section 7.05 shall not exceed $250,000,000500,000,000;
(h) Indebtedness permitted under Section 7.04; and
(i) Indebtedness under this Agreement. The restrictions contained in this Section shall not include any Indebtedness of any Subsidiary incurred under this Agreement.
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Limitation on Subsidiary Indebtedness. Permit any Subsidiary to create, incur, assume, suffer to exist, or otherwise become or remain directly or indirectly liable with respect to, any Indebtedness or Contingent Obligations, except:
(a) Indebtedness outstanding on the date hereof and listed on Schedule 7.05 and any refinancings, refundings, renewals or extensions thereof; provided that the amount of such Indebtedness is not increased at the time of such refinancing, refunding, renewal or extension except by an amount equal to a reasonable premium or other reasonable amount paid, and fees and expenses reasonably incurred, in connection therewith and by an amount equal to any existing commitments unutilized thereunder;
(b) letters of credit, bid bonds, performance guarantees and overdraft obligations guaranteed by the Borrower Company so long as the aggregate Indebtedness and Contingent Obligations under this subsection (b) is not of any time in excess of $30,000,000200,000,000;
(c) endorsements for collection or deposit in the ordinary course of business;
(d) Indebtedness of any Subsidiary incurred pursuant to a Permitted Receivables Facility;
(e) Indebtedness consisting of (i) the 1.0191.58% unsecured private placement notes issued by Xxxx Bros. St. Jude Medical Japan Co. Ltd. (“XxxxSJM Japan”) in May 2003 April 2010 in the original principal amount of 20,864,375,000 8,140,500,000 Japanese Yen Yen, guaranteed by the Company and maturing May 7Xxxxx 00, 20100000, (xx) the 2.04% unsecured private placement notes issued by SJM Japan in April 2010 in the original principal amount of 12,753,450,000 Japanese Yen, guaranteed by the Company and maturing April 20, 2020, and (iiiii) all loans and other obligations incurred by Xxxx SJM Japan under a revolving credit an overdraft facility with Mizuho Bank of Tokyo-Mitsubishi UFJ (f/k/a Bank of Tokyo-Mitsubishi) Ltd. and Sumitomo Mitsui Banking Corporation in the maximum aggregate principal amount at any time outstanding of 1,000,000,000 8,000,000,000 Japanese Yen, and, with respect to both each of clauses (i), (ii) and (iiiii), any refinancings, refundings, renewals or extensions thereof; provided that the amount of such Indebtedness is not increased at the time of such refinancing, refunding, renewal or extension except by an amount equal to a reasonable premium or other reasonable amount paid, and fees and expenses reasonably incurred, in connection therewith and by an amount equal to any existing commitments unutilized thereunder; and;
(f) Indebtedness consisting of (i) agreements by a Subsidiary in connection with an acquisition to provide additional consideration payments upon the achievement of certain milestones, (ii) contingent commitments by a Subsidiary to acquire various businesses involved in the distribution of a Loan Party’s or its Subsidiaries’ products, (iii) commitments by a Subsidiary to fund minority investments and (iv) other contingent acquisition payments to be made by a Subsidiary;
(g) other Indebtedness or Contingent Obligations, provided that the aggregate amount of Indebtedness and Contingent Obligations permitted under subsections (a) and (fg) of this Section 7.05 shall not exceed $250,000,000350,000,000; and
(h) Indebtedness permitted under Section 7.04.
(i) Indebtedness under this Agreement. The restrictions contained in this Section shall not include any Indebtedness of any Subsidiary incurred under this Agreement.
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