Limitations on Subsidiary Indebtedness. The Borrower will not permit any Consolidated Subsidiary to create, incur, assume or suffer to exist any Indebtedness except:
Limitations on Subsidiary Indebtedness. The Borrower will not permit any Subsidiary to, directly or indirectly, create, incur, assume or suffer to exist any Indebtedness, except Indebtedness in an aggregate principal amount at any time outstanding not to exceed, when added to other secured Indebtedness of the Borrower and any Subsidiary permitted by Section 7.02(l) and any other Indebtedness of the Borrower that is Guaranteed by any Subsidiary, the greater of (x) 10% of Stockholders’ Equity as of the end of the fiscal quarter preceding the date of determination or (y) $1,000,000,000.
Limitations on Subsidiary Indebtedness. Permit any of the Borrower’s Subsidiaries to create, incur, assume or suffer to exist any Indebtedness, except for the following:
Limitations on Subsidiary Indebtedness. (a) The Issuer will not permit any of its Subsidiaries to issue, assume, guarantee or suffer to exist any Indebtedness (whether secured or unsecured) without concurrently providing that the Securities will be guaranteed on a pari passu basis with any such Indebtedness; provided, however, that the foregoing restrictions shall not apply to:
Limitations on Subsidiary Indebtedness. The Borrower will not permit any Restricted Subsidiary to create, incur, assume or permit to exist any Indebtedness other than (a) Indebtedness existing on the date hereof and set forth on Schedule 5.07 and any refinancing, extensions, renewals and replacements of any such Indebtedness that do not increase the outstanding principal amount thereof or result in an earlier maturity date or decrease the weighted average life thereof, (b) Indebtedness owed to the Borrower or any other Subsidiary and not assigned or pledged to any other Person, (c) Indebtedness in connection with a Permitted Receivables Financing, (d) Indebtedness existing at the time a Restricted Subsidiary (not having previously been a Subsidiary) (i) becomes a Restricted Subsidiary or (ii) is merged or consolidated with or into a Restricted Subsidiary, provided that such Indebtedness is not created in contemplation of such merger or consolidation, (e) intra-day balances and/or notional or physical pooling of cash in connection with the cash management procedures of the Borrower or any Subsidiary, (f) Indebtedness arising as a result of FIN 46, (g) Indebtedness secured by Liens permitted under Section 5.06 and (h) other unsecured Indebtedness in an aggregate principal amount for all Restricted Subsidiaries, which amount, when aggregated (without duplication) with the aggregate principal amount of the secured obligations incurred or outstanding in reliance on Section 5.06(m) and the aggregate amount of Attributable Debt incurred or outstanding in reliance on Section 5.08, shall not at any time exceed $500,000,000.
Limitations on Subsidiary Indebtedness. During any period when the Obligations of the Borrower are not guaranteed by any Guarantor, the Borrower will not permit any Subsidiary to create, incur, assume or suffer to exist any Indebtedness, except Indebtedness in an aggregate principal amount at any time outstanding not to exceed, when added to other secured Indebtedness of the Borrower and any Subsidiary permitted by Section 7.02(l) and any other Indebtedness of the Borrower that is Guaranteed by any Subsidiary, the greater of (x) 10% of Stockholders’ Equity as of the end of the fiscal quarter preceding the date of determination or (y) $1,000,000,000 (the “Priority Debt Basket”). For the avoidance of doubt, during the period from and including the Closing Date through the payment and satisfaction in full of all public note obligations of the Borrower’s Subsidiaries outstanding on the date of the Existing Credit Agreement (including, without limitation, the Public Notes as defined herein), the principal amount outstanding under such public notes shall count against the Priority Debt Basket above.
Limitations on Subsidiary Indebtedness. 70 Section 1008. Subsequent Guarantor................................... 71 Section 1009. Limitation on Sale and Lease-Back Transactions......... 71
Limitations on Subsidiary Indebtedness. With respect to the Notes, the Base Indenture is hereby modified to add the following covenant in this Section 4.03. The Issuer will not permit any of its Subsidiaries to, incur any Indebtedness, except that the foregoing provision shall not apply to:
Limitations on Subsidiary Indebtedness. The Company shall not permit the sum of the aggregate amount of all Indebtedness of Subsidiaries (excluding (i) the existing Indebtedness listed on SCHEDULE 8.6 and extensions, renewals and refinancings thereof so long as the principal amount thereof is not increased and (ii) extensions of credit permitted under SECTION 8.5(C)) to exceed 20% of Consolidated Tangible Assets."
Limitations on Subsidiary Indebtedness. (a) The Company will not permit any Restricted Subsidiary to create, assume, guarantee or otherwise incur or in any manner become liable in respect of any Indebtedness (excluding Indebtedness owing to the Company or a Wholly-Owned Restricted Subsidiary) if, after giving effect thereto and to the application of the proceeds thereof, the aggregate amount of all Indebtedness of all Restricted Subsidiaries then outstanding would exceed 15% of Members' Equity.
