Other Borrowings and Contingent Liabilities. Except for the ------------------------------------------- obligations of the Borrower under the Bond Documents, the Letter of Credit Documents, other indebtedness to the Bank, and purchase money financing transactions secured by the item or items being purchased, the Borrower will not (a) create or incur extensions of credit or indebtedness, including without limitation, any indebtedness for borrowed money or advances, letters of credit, or capitalized lease agreements except in the ordinary course of business, or (b) guarantee, indorse or otherwise become surety for or upon the obligations of others, except by endorsement of negotiable instruments for deposit or collection in the ordinary course of business.
Other Borrowings and Contingent Liabilities. Except for (a) the Loans, (b) loans from Affiliates (as hereinafter defined) that are subordinated to the Loans on terms and conditions satisfactory to the Administrative Agent, (c) the existing indebtedness set forth in Schedule 4.5 attached hereto, (d) capitalized lease agreements that, in aggregate face amount, do not exceed the sum of $100,000.00; provided, however, that such restriction not apply to a certain capitalized lease obligation in the approximate amount of $1,400,000.00 originally incurred by the Company in fiscal year 1999, (e) purchase money financing transactions secured by the item or items being purchased in an amount not to exceed the purchase price of such item or items that, in the aggregate, do not exceed the sum of $50,000.00 in any one fiscal year, (f) construction mortgage loans and permanent mortgage loans incurred in connection with the development and construction of the Dublin Office and Warehouse Complex, (g) mortgage loans incurred in connection with the financing or refinancing of the Dublin Office and Warehouse Complex, (h) obligations under existing employment, separation and severance agreements, and (i) unsecured trade payables and normal operating accruals incurred in the ordinary course of the Company's business, the Company will not (i) create or incur or permit to exist extensions of credit or indebtedness, including, without limitation, any indebtedness for borrowed money or advances, letters of credit, or capitalized lease agreements or (ii) guarantee, indorse or otherwise become surety for or upon the obligations of others, except by endorsement of negotiable instruments for deposit or collection in the ordinary course of business, and except for those accommodation obligations, guaranties, or contingent liabilities disclosed in Schedule 4.5 attached hereto. Compliance with Laws. The Company will comply in all material respects with all applicable laws, including ERISA and all laws, statutes, regulations and ordinances regarding the collection, payment and deposit of taxes, and obtain and keep in force any and all government approvals necessary to the ownership of the Company's properties or the conduct of the Company's business, to the extent that any such failure to comply, obtain or keep in force would be reasonably likely to have a Material Adverse Effect.
Other Borrowings and Contingent Liabilities. Except for (a) the Loans, (b) loans from Affiliates that are subordinated to the Loans on terms and conditions satisfactory to the Administrative Agent, (c) the existing indebtedness set forth in Schedule 4.5 attached hereto, (d) capitalized lease agreements that, in aggregate face amount (on a consolidated basis with the Company and all other Subsidiaries), do not exceed the sum of $100,000.00, (e) purchase money financing transactions secured by the item or items being purchased in an amount not to exceed the purchase price of such item or items that, in the aggregate (on a consolidated basis with the Company and all other Subsidiaries), do not exceed the sum of $50,000.00 in any one fiscal year, and (f) unsecured trade payables and normal operating accruals incurred in the ordinary course of such Subsidiary's business, no Subsidiary will (i) create or incur or permit to exist extensions of credit or indebtedness, including, without limitation, any indebtedness for borrowed money or advances, letters of credit, or capitalized lease agreements or (ii) guarantee, indorse or otherwise become surety for or upon the obligations of others, except by endorsement of negotiable instruments for deposit or collection in the ordinary course of business, and except for those accommodation obligations, guaranties, or contingent liabilities disclosed in Schedule 4.5 attached hereto.
Other Borrowings and Contingent Liabilities. Except for the Loan and a certain real estate loan by First National Bank of Cleveland County or other lender satisfactory to the Bank, in connection with the real property located in Cleveland County, North Carolina, the Borrower will not (a) create or incur Indebtedness, or (b) guarantee, indorse or otherwise become surety for or upon any indebtedness of others, except by indorsement of negotiable instruments for deposit or collection in the ordinary course of business, certain indemnification provisions contained in a certain Distribution Agreement dated December 31, 1996, between the Borrower and Pages, Inc. and indemnification to S. Robexx Xxxxx xx connection with a certain Transaction Validity Agreement dated of even date herewith. "Indebtedness," as applied to the Borrower or any other entity shall mean, at any time, (a) all indebtedness, obligations or other liabilities (i) for borrowed money or evidenced by debt securities, debentures, acceptances, notes or other similar instruments, and any accrued interest, fees and charges relating thereto, (ii) under profit payment agreements or in respect of obligations to redeem, repurchase or exchange any securities or to pay dividends in respect of any stock, (iii) with respect to letters of credit issued, (iv) to pay the deferred purchase price of property or services, except accounts payable and accrued expenses arising in the ordinary course of business, or (v) in respect of capital leases; (b) all indebtedness, obligations or other secured by a lien on any property, whether or not such indebtedness, obligations or liabilities are assumed by the owner of the same, all as of such time; and (c) all contingent contractual obligations with respect to any of the foregoing.
Other Borrowings and Contingent Liabilities. Except for purchase money indebtedness arising hereafter not exceeding $1,000,000 annually in the aggregate, the Loans and existing vehicle loans, the Borrower will not (a) create or incur or permit to exist extensions of credit or indebtedness, including, without limitation, any indebtedness for borrowed money or advances, letters of credit or capitalized lease agreements or (b) guarantee, indorse or otherwise become surety for or upon the obligations of others, except by indorsement of negotiable instruments for deposit or collection in the ordinary course of business.
Other Borrowings and Contingent Liabilities. Except for the Draw Loan, the Borrower will not without the written consent of the Huntington (a) create or incur any indebtedness for borrowed money or advances, including through the execution of capitalized lease agreements, or (b) guarantee, indorse or otherwise become surety for or upon the obligations of others, except by endorsement of negotiable instruments for deposit or collection in the ordinary course of business. Zarixx, xxcept for his personal guarantee to the Provident Bank, will not (a) create or incur any indebtedness for borrowed money, direct or indirect; or (b) guarantee, endorse or otherwise became surety for or upon obligations of others in excess of $5,000,000.00.
Other Borrowings and Contingent Liabilities. Except for the Loan, the indebtedness or liabilities set forth on Schedule 5.5 attached hereto, indebtedness to the Bank or any of its Affiliates, and other liabilities of the Borrower arising by reason of the incurrence of extensions of credit or suretyship obligations in an aggregate amount not to exceed $10,000,000.00 outstanding at any one time, the Borrower will not (a) create or incur extensions of credit or indebtedness, including without limitation, any indebtedness for borrowed money or advances, letters of credit, or capitalized lease agreements or (b) guarantee, indorse or otherwise become surety for or upon the obligations of others, except by indorsement of negotiable instruments for deposit or collection in the ordinary course of business.
Other Borrowings and Contingent Liabilities. Borrow money secured by the Project or guarantee, endorse, or otherwise become surety for or upon the obligations of others, except by endorsement of negotiable instruments for deposit or collection in the ordinary course of business.
Other Borrowings and Contingent Liabilities. Except for the Draw Loan, the Borrower will not (a) create or incur any indebtedness for borrowed money or advances, including through the execution of capitalized lease agreements, or (b) guarantee, indorse or otherwise become surety for or upon the obligations of others, except by endorsement of negotiable instruments for deposit or collection in the ordinary course of business.
Other Borrowings and Contingent Liabilities. Except for the Loan, the Borrower will not, without the prior written consent of the Bank in its absolute discretion (a) create or incur any indebtedness for borrowed money or advances, including through the execution of capitalized lease agreements, or (b) guarantee, indorse or otherwise become surety for or upon the obligations of others, except by endorsement of negotiable instruments for deposit or collection in the ordinary course of business. Zarixx, xxcept for his personal guarantee to the Provident Bank, shall limit his additional personal financial obligations, direct or indirect, as maker, co-maker, guarantor or co-guarantor, or in any other capacity , at all times prior to the Indebtedness being paid in full and all Obligations having been performed in full so that it does not exceed a Debt to Net Worth ratio of 1.0 to 1.0. "Debt" and "Net Worth" shall, for purposes of this Agreement, have the same meanings as in the Guaranty of even date herewith.
