No Indebtedness. Lessee shall not create, incur, assume or suffer to exist any liability for borrowed money except (i) Indebtedness to Lessor under the Lease Documents and, (ii) Impositions allowed pursuant to the provisions of the Lease, (iii) unsecured normal trade debt incurred upon customary terms in the ordinary course of business, (iv) Indebtedness created in connection with any financing of any Capital Addition, provided, that each such financing has been approved by Lessor in accordance with the terms of Article 9 hereof, (v) Indebtedness to any Affiliate, provided, that, such Indebtedness is fully subordinated to this Lease pursuant to the Affiliated Party Subordination Agreement, (vi) other Indebtedness of Lessee in the aggregate amount not to exceed TWO HUNDRED THOUSAND DOLLARS ($200,000) incurred, for the exclusive use of the Leased Property, on account of purchase money indebtedness or finance lease arrangements, each of which shall not exceed the fair market value of the assets or property acquired or leased and shall not extend to any assets or property other than those purchased or leased and purchase money security interests in equipment and equipment leases which comply with the provisions of Section 6.1.2 and (vii) Indebtedness specifically permitted by the Meditrust/Emeritus Transaction Documents.
Appears in 4 contracts
Samples: Facility Lease Agreement (Emeritus Corp\wa\), Facility Lease Agreement (Emeritus Corp\wa\), Facility Lease Agreement (Emeritus Corp\wa\)
No Indebtedness. The Lessee shall not create, incur, assume or suffer to exist any liability for borrowed money except (iI) Indebtedness to the Lessor under the Lease Documents and, (iiII) Impositions allowed pursuant to the provisions of the Lease, (iiiIII) unsecured normal trade debt incurred upon customary terms in the ordinary course of business, (ivIV) Indebtedness created in connection with any financing of any Capital Addition, provided, that each such financing has been approved by the Lessor in accordance with the terms of Article 9 hereof, (vV) Indebtedness to any Affiliate, provided, that, such Indebtedness is fully subordinated to this the Lease Obligations pursuant to the Affiliated Party Subordination Agreement, (viVI) other Indebtedness of the Lessee in the aggregate amount not to exceed TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000200,000.00) incurred, for the exclusive use of the Leased Property, on account of purchase money indebtedness or finance lease arrangements, each of which shall not exceed the fair market value of the assets or property acquired or leased and shall not extend to any assets or property other than those purchased or leased and (VII) purchase money security interests in equipment and equipment leases which comply with the provisions of Section 6.1.2 and (vii) Indebtedness specifically permitted by the Meditrust/Emeritus Transaction Documents6.1.2.
Appears in 3 contracts
Samples: Facility Lease Agreement (Alternative Living Services Inc), Facility Lease Agreement (Alternative Living Services Inc), Facility Lease Agreement (Alternative Living Services Inc)
No Indebtedness. The Lessee shall not create, incur, assume or suffer to exist any liability for borrowed money except (i) Indebtedness to the Lessor under the Lease Documents and, (ii) Impositions allowed pursuant to the provisions of the Lease, (iii) unsecured normal trade debt incurred upon customary terms in the ordinary course of business, (iv) Indebtedness created in connection with any financing of any Capital Addition, provided, that each such financing has been approved by the Lessor in accordance with the terms of Article 9 hereof, (v) Indebtedness to any Affiliate, provided, that, such Indebtedness is fully subordinated to this the Lease Obligations pursuant to the Affiliated Party Subordination Agreement, Agreement and (vi) other Indebtedness of the Lessee in the aggregate amount not to exceed TWO HUNDRED FIFTY THOUSAND DOLLARS ($200,000250,000) incurred, for the exclusive use of the Leased Property, on account of purchase money indebtedness or finance lease arrangements, each of which shall not exceed the fair market value of the assets or property acquired or leased and shall not extend to any assets or property other than those purchased or leased and purchase money security interests in equipment and equipment leases which comply with the provisions of Section 6.1.2 and (vii) Indebtedness specifically permitted by the Meditrust/Emeritus Transaction Documents6.1.2.
Appears in 3 contracts
Samples: Facility Lease Agreement (Carematrix Corp), Facility Lease Agreement (Carematrix Corp), Facility Lease Agreement (Carematrix Corp)
No Indebtedness. The Lessee shall not create, incur, assume or suffer to exist any liability for borrowed money except (i) Indebtedness to the Lessor under the Lease Documents and, (ii) Impositions allowed pursuant to the provisions of the Lease, (iii) unsecured normal trade debt incurred upon customary terms in the ordinary course of business, (iv) Indebtedness created in connection with any financing of any Capital Addition, provided, that each such financing has been approved by the Lessor in accordance with the terms of Article 9 hereof, (v) Indebtedness to any Affiliate, provided, that, such Indebtedness is fully subordinated to this Lease pursuant to a written agreement in form and substance acceptable to the Affiliated Party Subordination AgreementLessor, and (vi) other Indebtedness of the Lessee in the aggregate amount not to exceed TWO HUNDRED THOUSAND DOLLARS ($200,000) ____________ incurred, for the exclusive use of the Leased Property, on account of purchase money indebtedness or finance lease arrangements, each of which shall not exceed the fair market value of the assets or property acquired or leased and shall not extend to any assets or property other than those purchased or leased and purchase money security interests in equipment and equipment leases which comply with the provisions of Section 6.1.2 and (vii) Indebtedness specifically permitted by the Meditrust/Emeritus Transaction Documents6.1.2.
Appears in 1 contract
Samples: Development and Turnkey Services Agreement (Standish Care Co)
No Indebtedness. The Lessee shall not create, incur, assume or suffer to exist any liability for borrowed money except (i) Indebtedness to the Lessor under the Lease Documents and, (ii) Impositions allowed pursuant to the provisions of the Lease, (iii) unsecured normal trade debt incurred upon customary terms in the ordinary course of business, (iv) Indebtedness created in connection with any financing of any Capital Addition, provided, that each such financing has 69 70 been approved by the Lessor in accordance with the terms of Article 9 hereof, (v) Indebtedness to any Affiliate, provided, that, such Indebtedness is fully subordinated to this the Lease Obligations pursuant to the Affiliated Party Subordination Agreement, (vi) other Indebtedness of the Lessee in the aggregate amount not to exceed TWO HUNDRED THOUSAND and NO/100 DOLLARS ($200,000200,000.00) incurred, for the exclusive use of the Leased Property, on account of purchase money indebtedness or finance lease arrangements, each of which shall not exceed the fair market value of the assets or property acquired or leased and shall not extend to any assets or property other than those purchased or leased and leased, (vii) purchase money security interests in equipment and equipment leases which comply with the provisions of Section 6.1.2 and (viiviii) Indebtedness specifically permitted by the Meditrust/Emeritus Transaction DocumentsBond-Related Obligations.
Appears in 1 contract
No Indebtedness. The Lessee shall not create, incur, assume or suffer to exist any liability for borrowed money except (i) Indebtedness to the Lessor under the Lease Documents and, (ii) Impositions allowed pursuant to the provisions of the Lease, (iii) unsecured normal trade debt incurred upon customary terms in the ordinary course of business, (iv) Indebtedness created in connection with any financing of any Capital Addition, provided, that each such financing has been approved by the Lessor in accordance with the terms of Article 9 hereof, (v) Indebtedness to any Affiliate, provided, that, such Indebtedness is fully subordinated to this Lease pursuant to a written agreement in form and substance acceptable to the Affiliated Party Subordination AgreementLessor, and (vi) other Indebtedness of the Lessee in the aggregate amount not to exceed TWO HUNDRED THOUSAND DOLLARS ($200,000) __________ incurred, for the exclusive use of the Leased Property, on account of purchase money indebtedness or finance lease arrangements, each of which shall not exceed the fair market value of the assets or property acquired or leased and shall not extend to any assets or property other than those purchased or leased and purchase money security interests in equipment and equipment leases which comply with the provisions of Section 6.1.2 and (vii) Indebtedness specifically permitted by the Meditrust/Emeritus Transaction Documents6.1.2.
Appears in 1 contract
No Indebtedness. Lessee shall not create, incur, assume or suffer to exist any liability for borrowed money except (i) Indebtedness to Lessor under the Lease Documents andDocuments, (ii) Impositions allowed pursuant to the provisions of the Lease, (iii) unsecured normal trade debt incurred upon customary terms in the ordinary course of business, (iv) Indebtedness created in connection with any financing of any Capital Addition, provided, . that each such financing has been approved by Lessor in accordance with the terms of Article 9 hereof, (v) Indebtedness to any Affiliate, provided, that, such Indebtedness is fully subordinated to this Lease pursuant to the Affiliated Party Subordination Agreement, (vi) other Indebtedness of Lessee in the aggregate amount not to exceed TWO FIVE HUNDRED THOUSAND and NO/100 DOLLARS ($200,000) incurred500,000.00), incurred for the exclusive use of the Leased Property, on account of purchase money indebtedness or finance lease arrangements, each of which shall not exceed the fair market value of the assets or property acquired or leased and shall not extend to any assets or property other than those purchased or leased and purchase money security interests in equipment and d equipment leases which comply with the provisions of Section 6.1.2 6.1.2, and (viivi) Indebtedness specifically permitted by from the Meditrust/Emeritus Transaction Documentsshareholders of Lessee and/or any other Affiliate which has been expressly subordinate in writing pursuant to the Affiliated Party Subordination Agreement.
Appears in 1 contract
No Indebtedness. Lessee shall not create, incur, assume or suffer to exist any liability for borrowed money except (i) Indebtedness to Lessor under the Lease Documents and, (ii) Impositions allowed pursuant to the provisions of the Lease, (iii) unsecured normal trade debt incurred upon customary terms in the ordinary course of business, (iv) Indebtedness created in connection with any financing of any Capital Addition, provided, that each such financing has been approved by Lessor in accordance with the terms of Article 9 hereof, (v) Indebtedness to any Affiliate, provided, that, such Indebtedness is fully subordinated to this Lease pursuant to the Affiliated Party Subordination Agreement, (vi) other Indebtedness of Lessee in the aggregate amount not to exceed TWO HUNDRED THOUSAND DOLLARS ($200,000) incurred, for the exclusive use of the Leased Property, on account of purchase money indebtedness or finance lease arrangements, each of which shall not exceed the fair market value of the assets or property acquired or leased and shall not extend to any assets or property other than those purchased or leased and purchase money security interests in equipment and equipment leases which comply with the provisions of Section 6.1.2 6.1.2, and (vii) Indebtedness specifically permitted by liability arising under the Meditrust/Emeritus Transaction Working Capital Loan Documents.
Appears in 1 contract
No Indebtedness. Lessee shall not create, incur, assume or suffer to exist any liability for borrowed money except (i) Indebtedness to Lessor under the Lease Documents and, (ii) Impositions allowed pursuant to the provisions of the Lease, (iii) unsecured normal trade debt incurred upon customary terms in the ordinary course of business, (iv) Indebtedness created in connection with any financing of any Capital Addition, provided, that each such financing has been approved by Lessor in accordance with the terms of Article 9 hereof, (v) Indebtedness to any Affiliate, provided, that, such Indebtedness is fully subordinated to this Lease pursuant to the Affiliated Party Subordination Agreement, (vi) other Indebtedness of Lessee in the aggregate amount not to exceed TWO HUNDRED THOUSAND DOLLARS ($200,000) incurred, for the exclusive use of the Leased Property, on account of purchase money indebtedness or finance lease arrangements, each of which shall not exceed the fair market value of the assets or property properly acquired or leased and shall not extend to any assets or property other than those purchased or leased and purchase money security interests in equipment and equipment leases which comply with the provisions of Section 6.1.2 and (vii) Indebtedness specifically permitted by the Meditrust/Emeritus Transaction Documents.. 11.3.9
Appears in 1 contract
No Indebtedness. The Lessee shall not create, incur, assume or suffer to exist any liability for borrowed money except (i) Indebtedness to the Lessor under the Lease Documents and, (ii) Impositions allowed pursuant to the provisions of the Lease, (iii) unsecured normal trade debt incurred upon customary terms in the ordinary course of business, (iv) Indebtedness created in connection with any financing of any Capital Addition, provided, that each such financing has been approved by the Lessor in accordance with the terms of Article 9 hereof, (v) Indebtedness to any an Affiliate, provided, that, such Indebtedness is fully subordinated to this Lease pursuant to a written agreement in form and substance acceptable to the Affiliated Party Subordination AgreementLessor, and (vi) other Indebtedness of the Lessee in the aggregate amount not to exceed TWO HUNDRED THOUSAND DOLLARS ($200,000) ___________ incurred, for the exclusive use of the Leased Property, on account of purchase money indebtedness or finance lease arrangements, each of which shall not exceed the fair market value of the assets or property acquired or leased and shall not extend to any assets or property other than those purchased or leased and purchase money security interests in equipment and equipment leases which comply with the provisions of Section 6.1.2 and (vii) Indebtedness specifically permitted by the Meditrust/Emeritus Transaction Documents6.1.2.
Appears in 1 contract
No Indebtedness. Lessee shall not create, incur, assume or suffer to exist any liability for borrowed money except (i) Indebtedness to Lessor under the Lease Documents and, (ii) Impositions allowed pursuant to the provisions of the Lease, (iii) unsecured normal trade debt incurred upon customary terms in the ordinary course of business, (iv) Indebtedness created in connection with any financing fnancing of any Capital Addition, provided, that each such financing has been approved by Lessor in accordance with the terms of Article 9 hereof, (v) Indebtedness to any AffiliateAffliate, provided, that, such Indebtedness is fully subordinated to this Lease pursuant to the Affiliated Party Subordination Agreement, (vi) other Indebtedness of Lessee in the aggregate amount not to exceed TWO HUNDRED THOUSAND DOLLARS ($200,000) incurred, for the exclusive use of the ofthe Leased Property, on account of purchase ofpurchase money indebtedness or finance fnance lease arrangements, each of which ofwhich shall not exceed the fair market value of the ofthe assets or property acquired or leased and shall not extend to any assets or property other than those purchased or leased and purchase money security interests in equipment and equipment leases which comply with the provisions of Section 6.1.2 and (vii) Indebtedness specifically permitted by the Meditrust/Emeritus Transaction Documents.
Appears in 1 contract
No Indebtedness. Neither Lessee nor the General Partner, on behalf of Lessee, shall not create, incur, assume or suffer to exist any liability for borrowed money except (i) Indebtedness to Lessor under the Lease Documents and, (ii) Impositions allowed pursuant to the provisions of the Lease, (iii) unsecured normal trade debt . incurred upon customary terms in the ordinary course of business, (iv) Indebtedness created in connection with any financing of any Capital Addition, provided, that each such financing has been approved by Lessor in accordance with the terms of Article 9 hereof, (v) Indebtedness to any Affiliate, provided, thati t, such Indebtedness is fully subordinated to this Lease pursuant to the Affiliated Party Subordination Agreement, (vi) other Indebtedness of Lessee in the aggregate amount not to exceed TWO HUNDRED THOUSAND DOLLARS ($200,000) incurred, for the exclusive use of the Leased Property, on account of purchase money indebtedness or finance lease arrangements, each of which shall not exceed the fair market value of the assets or property acquired or leased and shall not extend to any assets or property other than those purchased or leased and purchase money security interests in equipment and equipment leases which comply with the provisions of Section 6.1.2 and (vii) Indebtedness specifically permitted by the Meditrust/Emeritus Transaction Documents.. 65
Appears in 1 contract
No Indebtedness. The Lessee shall not create, incur, assume or suffer to exist any liability for borrowed money except (i) Indebtedness to Lessor under the Lease Documents and, (ii) Impositions allowed pursuant to the provisions of the Lease, (iii) unsecured normal trade debt incurred incuzred upon customary terms in the ordinary course of business, (iv) Indebtedness created in connection with any financing of any ofany Capital Addition, provided, that each such financing has been approved by Lessor in accordance with the terms tezrns of Article Azrticle 9 hereof, (v) Indebtedness to any Affiliate, provided, that, such Indebtedness is fully subordinated to this Lease pursuant to the Affiliated Party Subordination Agreement, (vi) other Indebtedness of Lessee in the aggregate amount not to exceed TWO HUNDRED THOUSAND DOLLARS ($200,0005200,000) incurred, for the exclusive eYclusive use of the ofthe Leased Property, on account of purchase ofpurchase money indebtedness or finance lease arrangements, each of which shall not exceed the fair market value of the assets or property acquired or leased and shall not extend to any assets or property propezrty other than those purchased or leased and purchase money security interests in equipment and equipment leases which comply with the provisions of Section 6.1.2 and (vii) Indebtedness specifically permitted pezmitted by the Meditrust/Emeritus Transaction Documents.
Appears in 1 contract
No Indebtedness. The Lessee shall not create, incur, assume or suffer to exist any liability for borrowed money except (i) Indebtedness to the Lessor under the Lease Documents and, (ii) Impositions allowed pursuant to the provisions of the Lease, (iii) unsecured normal trade debt incurred upon customary terms in the ordinary course of business, (iv) Indebtedness created in connection with any financing of any Capital Addition, provided, that each such financing has been approved by the Lessor in accordance with the terms of Article 9 hereof, (v) Indebtedness to any Affiliate, provided, that, such Indebtedness is fully subordinated to this the Lease Obligations pursuant to the Affiliated Party Subordination Agreement, and (vi) other Indebtedness of the Lessee in the aggregate amount not to exceed TWO HUNDRED THOUSAND DOLLARS ($200,000) 250,000 incurred, for the exclusive use of the Leased Property, on account of purchase money indebtedness or finance lease arrangements, each of which shall not exceed the fair market value of the assets or property acquired or leased and shall not extend to any assets or property other than those purchased or leased and purchase money security interests in equipment and equipment leases which comply with the provisions of Section 6.1.2 and (vii) Indebtedness specifically permitted by the Meditrust/Emeritus Transaction Documents6.1.2.
Appears in 1 contract