Common use of Limitations on Debt Clause in Contracts

Limitations on Debt. Create, incur, assume or suffer to exist any Debt except: (a) the Obligations; (b) Debt incurred in connection with a Hedging Agreement entered into in the ordinary course of business for protective and not speculative purposes; (c) Subordinated Debt to Insignia not to exceed $100,000,000 at any one time outstanding; (d) existing Debt set forth on Schedule 5.1(q) and the renewal and refinancing (but not the increase) thereof; (e) Debt consisting of Contingent Obligations permitted by Section 9.2; (f) Debt incurred by a Special Purpose Subsidiary to the extent permitted under Section 9.4(e); (g) Debt incurred for all or a portion of the deferred purchase price of property to the extent IPT or the Borrower, as applicable, would have been permitted under this Agreement to purchase such property for cash; and (h) other Debt of the Borrower not to exceed an aggregate of $5,000,000 at any time outstanding.

Appears in 18 contracts

Samples: Credit Agreement (Cooper River Properties LLC), Credit Agreement (Cooper River Properties LLC), Credit Agreement (Broad River Properties L L C)

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Limitations on Debt. Create, incur, assume or suffer to exist any Debt except: (a) the Obligations; (b) Debt incurred in connection with a Hedging Agreement entered with either (i) a counterparty and upon terms and conditions reasonably satisfactory to the Agents or (ii) a Lender or its Affiliate (or a Person that was a Lender or an Affiliate of a Lender at the time of entry into in the ordinary course of business for protective and not speculative purposessuch Hedging Agreement); (c) Subordinated Debt to Insignia not to exceed an aggregate of $100,000,000 at any one time outstanding; (d) existing Debt set forth on Schedule 5.1(q6.1(s) and the renewal and refinancing (but not the increase) thereof; (e) Debt of the Borrower and its Restricted Subsidiaries incurred in connection with the acquisition of fixed or capital assets (including, without limitation, Capitalized Leases) in an aggregate amount not to exceed $5,000,000 on any date of determination; (f) Debt consisting of Contingent Obligations permitted by Section 9.210.2; (f) Debt incurred by a Special Purpose Subsidiary to the extent permitted under Section 9.4(e); (g) Debt incurred for all or a portion of the deferred purchase price of property to the extent IPT or the Borrower, as applicable, would have been permitted under this Agreement to purchase such property for cash; and (h) other Debt of the Borrower not to exceed an aggregate of $5,000,000 at any time outstanding.

Appears in 1 contract

Samples: Credit Agreement (Insignia Financial Group Inc /De/)

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