No Additional Indebtedness Sample Clauses

No Additional Indebtedness. Borrower shall not directly or indirectly make, create, incur, assume, or permit to exist Indebtedness during the term of this Agreement, excluding (i) Indebtedness owing by Borrower as of the date of this Agreement set forth in the schedule thereof below this paragraph (other than those that are being paid substantially concurrently with the funding of the Loan and so noted thereon); (ii) Indebtedness under the Loan Documents and other borrowings from the Lender; (iii) Indebtedness evidenced by capital leases or purchase money obligations provided that (A) in no event shall the sum of the aggregate principal amount of all capital lease obligations and purchase money obligations permitted by this clause exceed $500,000 at any time, and (B) such Indebtedness is used solely to acquire equipment and other fixed assets used in the ordinary course of Borrower’s business and that is secured only by such equipment and other fixed assets, as applicable; (iv) any Indebtedness comprising unsecured intercompany loans between Borrower and AT Holdings, provided that any intercompany loan by Borrower to AT Holdings is evidenced by a promissory note which is pledged to the Lender, and provided that any loans from AT Holdings to Borrower shall contain a subordination provision preventing repayment if any Event of Default exists hereunder, (v) unsecured guaranties by Borrower of Indebtedness or lease or other contractual obligations of any Guarantors incurred in the ordinary course of business to the extent such Indebtedness or lease or other contractual obligations would be permitted to be incurred hereunder by ▇▇▇▇▇▇▇▇; (vi) any payments over time which represent redemptions of any equity interests of Borrower or any Guarantor, or a return/refund of capital of any such Persons, paid in each case to any employee, officer, Managing Director or director of any such Person, upon his/her termination of employment, (vii) Indebtedness of Borrower with respect to performance bonds, surety bonds, appeal bonds and custom bonds required in the ordinary course of business, provided that the aggregate outstanding amount of all such performance bonds, surety bonds, appeal bonds and custom bonds permitted by this clause shall not at any time exceed $500,000; (viii) commercially reasonable multi-year service agreements entered into in the ordinary course of business which provide for payments in installments; (ix) unsecured Indebtedness related to acquisitions by Borrower of other busin...

No Additional Indebtedness. 65 8.4 No Liens; Judgments............................................ 66 8.5 No Sale of Assets.............................................. 67 8.6

No Additional Indebtedness. Except as set forth on Schedule 5.9, the Borrower has no Indebtedness of any nature;

No Additional Indebtedness. Without the prior written consent of Lender, Borrower (a) shall not directly or indirectly incur indebtedness for borrowed money excluding (i) debts as of the date of this Agreement that were previously disclosed in writing to Lender (other than those that are being paid substantially concurrently with the funding of the Loan), (ii) other borrowing from Lender, including for the avoidance of doubt Facility I, (iii) unsecured debt incurred in the normal course of business and (iv) purchase money debt and capital leases in the ordinary course of business, and (b) shall not directly or indirectly make, create, incur, assume or permit to exist any guaranty of any kind of any Indebtedness of any other person during the term of this Agreement, excluding any guaranties as of the date of this Agreement previously disclosed in writing to Lender.

No Additional Indebtedness. Except as set forth on Schedule 5.9, Surgery Center has no Indebtedness of any nature;

No Additional Indebtedness. Without the prior written consent of Lender, Borrower (a) shall not directly or indirectly incur Indebtedness for borrowed money excluding (i) debts as of the date of this Agreement that were previously disclosed in writing to Lender (other than those that are being paid substantially concurrently with the funding of the Loan), (ii) other borrowing from Lender, including for the avoidance of doubt Facility II, Facility III and Facility IV, (iii) Indebtedness incurred pursuant to a Note Purchase Agreement (including any refinancing thereof), (iv) Indebtedness incurred pursuant to a Repo Facility, (v) unsecured guarantees of debt for international Lender partner-loan-program borrowers, which may be recourse to Borrower, in an aggregate amount not to exceed $25,000,000, (vi) unsecured debt incurred in the normal course of business and (vii) purchase money debt and capital leases in the ordinary course of business, and (b) shall not directly or indirectly make, create, incur, assume or permit to exist any guaranty of any kind of any Indebtedness of any other person during the term of this Agreement, excluding any guaranties as of the date of this Agreement previously disclosed in writing to Lender.

No Additional Indebtedness. Except as set forth in Exhibit D, each Mortgage Loan prohibits the related Mortgagor from mortgaging or otherwise encumbering the Mortgaged Property and from carrying any additional indebtedness except in connection with (A) trade debt and equipment financings in the ordinary course of Mortgagor's business and (B) liens arising by operation of law that are contested in accordance with the terms of the Mortgage Loan.

No Additional Indebtedness. Without prior written consent of the Lender, Borrower shall not directly or indirectly incur indebtedness for borrowed money during the term of this Agreement, excluding (i) debts owing by Borrower as of the date of this Agreement that were previously disclosed in writing to Lender (other than those that are being paid substantially concurrently with the funding of the Loan), (ii) other borrowing from the Lender, and (iii) unsecured debt incurred in the normal course of business.

No Additional Indebtedness. No Borrower shall, or shall permit any of its Subsidiaries to, directly or indirectly, incur, create, assume or suffer to exist any Indebtedness other than: (a) (i) Indebtedness secured by Purchase Money Liens, and (ii) Indebtedness consisting of regularly scheduled rental payments under Capital Leases (such Capital Leases in any event to be entered into on commercially reasonable terms); provided that the Indebtedness described in the foregoing clauses (i) and (ii) shall not exceed, in the aggregate for the Borrowers and their respective Subsidiaries combined, $5,000,000 outstanding at any one time; (b) Indebtedness arising under this Credit Agreement and the other Credit Documents; (c) Indebtedness of any Borrower to any other Borrower; provided, that, in each case, if and to the extent that any such Indebtedness is evidenced by a promissory note or similar instrument such promissory note or other instrument shall be duly endorsed and delivered to the Agent as additional Collateral; (i) Indebtedness evidenced by the Subordinated Notes in an original principal amount not exceeding $200,000,000 (as reduced from time to time by any repayments of principal thereof made on or after the Closing Date) and (ii) Indebtedness evidenced by the Existing Notes in an outstanding principal amount not exceeding $1,000,000 (as reduced from time to time by any repayments of principal thereof made on or after the Closing Date); (e) Indebtedness described on Schedule B, Part 8.3(e); (f) Indebtedness to any Lender in respect of Derivative Transactions entered into by any Borrower or any Subsidiary of any Borrower in the ordinary course and pursuant to the reasonable requirements of such Person's business and not for speculation; (g) obligations or other Liabilities incurred in connection with Acquisitions permitted pursuant to Section 8.9 in respect of usual and customary provisions regarding post-closing purchase price adjustment, earnouts and indemnification in the agreements governing such Acquisitions; (i) Indebtedness in an aggregate outstanding principal amount not exceeding $5,000,000, assumed by any Borrower or any Subsidiary of any Borrower in connection with any Acquisition otherwise permitted pursuant to Section 8.9(d), including Indebtedness of a Person that becomes a Borrower as a result of such Acquisition, to the extent such Indebtedness was not incurred in contemplation of or in connection with such Acquisition and consists solely of Capital Lease Obligations...