Common use of Non-Recourse Debt Clause in Contracts

Non-Recourse Debt. Indebtedness (a) as to which no Loan Party nor any of their Restricted Subsidiaries (other than any Non-Recourse Subsidiaries) (i) provides credit support of any kind (including any undertaking, agreement or instrument that would constitute Indebtedness) other than a pledge of the equity interests of any Non-Recourse Subsidiary, (ii) is directly or indirectly liable (as a guarantor or otherwise) other than by virtue of a pledge of the equity interests of any Non-Recourse Subsidiary, or (iii) constitutes the lender; (b) no default with respect to which (including any rights that the holders thereof may have to take enforcement action against any Non-Recourse Subsidiary) would permit (upon notice, lapse of time or both) any holder of any other Indebtedness (other than the Secured Obligations) of the Loan Parties or any of their Restricted Subsidiaries to declare a default on such other Indebtedness or cause the payment thereof to be accelerated or payable prior to its stated maturity; and (c) as to which the lenders thereunder will not have any recourse to the Stock or assets of the Loan Parties or any of their Restricted Subsidiaries (other than the Non-Recourse Subsidiaries).

Appears in 4 contracts

Samples: Abl Credit Agreement (Target Hospitality Corp.), Abl Credit Agreement (Target Hospitality Corp.), Abl Credit Agreement (Target Hospitality Corp.)

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Non-Recourse Debt. Indebtedness (a) as to which no Loan Party neither Amkor nor any of their its Restricted Subsidiaries (other than any Non-Recourse Subsidiaries) (i) provides credit support of any kind (including any undertaking, agreement or instrument obligation that would constitute Indebtedness) other than a pledge of the equity interests of any Non-Recourse Subsidiary, or (ii) is directly or indirectly liable (as a guarantor or otherwise) , other than by virtue in the form of a pledge Lien on the Equity Interests of the equity interests an Unrestricted Subsidiary held by Amkor or any Restricted Subsidiary in favor of any holder of Non-Recourse Debt of such Unrestricted Subsidiary, or (iii) constitutes the lender; (b) no default with respect to which (including any rights that the holders thereof may have to take enforcement action against any Non-Recourse an Unrestricted Subsidiary) would permit (permit, upon notice, lapse of time time, or both) , any holder of any other Indebtedness (other than the Secured Obligations) of the Loan Parties Amkor or any of their its Restricted Subsidiaries to declare a default on such other Indebtedness or cause the payment thereof to be accelerated or payable prior to its stated maturity; , and (c) as to which the lenders thereunder have been notified in writing that they will not have any recourse to the Stock stock or assets of the Loan Parties Amkor or any of their its Restricted Subsidiaries (other than against the Non-Recourse SubsidiariesEquity Interests of such Unrestricted Subsidiary, if any). Notes – each Revolving Note or other promissory note executed by the Borrowers to evidence any Obligations.

Appears in 2 contracts

Samples: Loan and Security Agreement (Amkor Technology Inc), Loan and Security Agreement (Amkor Technology Inc)

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