Other Debt Instruments Sample Clauses

Other Debt Instruments. The material debt instruments and governing documents of the Borrower after the HD Supply Acquisition shall be reasonably acceptable to the Administrative Agent.
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Other Debt Instruments. 56 SECTION 5.28. Hedging Requirements..................... 57 SECTION 5.29. Restriction on Intercompany Debt; Subordination.......................... 57 SECTION 5.30. Affiliate Transactions................... 57 SECTION 5.31. Contracts................................ 58
Sample 1
Other Debt Instruments. The Administrative Agent shall ---------------------- have received copies of all agreements and instruments evidencing Indebtedness of the Parent and its Subsidiaries (other than the Credit Parties) and any Liens granted to secure such Indebtedness, (i) which agreements and instruments shall not contain any cross-default (other than direct or indirect cross-defaults related to the bankruptcy of a Credit Party, any material litigation or judgment affecting a Credit Party, the failure of a Credit Party to file a material tax return and the occurrence of a material adverse effect with respect to the Parent and its Subsidiaries take as a whole) or cross-acceleration to the Credit Documents, (ii) which Indebtedness shall be (A) on terms acceptable to the Administrative Agent and (B) non-recourse to the Credit Parties and (iii) which Liens shall not include Liens on any Capital Stock of the Borrower and its Subsidiaries or any assets of the Credit Parties.
Sample 1
Other Debt Instruments. The Borrower will not, and will not permit any Subsidiary to enter into any agreement containing any provision (a) which would be violated or breached by any Borrowings hereunder or by the performance by the Borrower of its obligations hereunder or under any other Loan Document, or (b) which is materially more restrictive upon the Borrower than the terms and conditions of this Agreement. The Borrower will not, and will not permit any of its Subsidiaries to, enter into any agreement (other than this Agreement and the other Loan Docu- ments) prohibiting the creation or assumption of any Lien upon its properties (other than with respect to any mortgage on a particular property), revenues or assets, whether now owned or hereafter acquired, or restricting the ability of the Borrower to amend or modify this Agreement or any other Loan Document. From and after the date hereof, neither the Borrower nor any of its Subsidiaries shall enter into any agreements with the holder of any Debt of the Borrower or such Subsidiaries whereby the stated maturity date thereof is scheduled for any date prior to the first anniversary of the Revolver Termination Date, as the same may be extended in accordance with the provisions hereof, except in connection with the assumption of up to $50,000,000 of Debt in connection with New Acquisitions.
Sample 1
Other Debt Instruments. No Borrower now has or will permit to exist any unsecured debt or other debt which is junior to the Loan to have a maturity date prior to or fewer than thirty (30) days following the Maturity Date.
Sample 1
Other Debt Instruments. The Borrower will not, and ---------------------- will not permit any Subsidiary to enter into any agreement containing any provision (a) which would be violated or breached by any Borrowings hereunder or by the performance by the Borrower of its obligations hereunder or under any other Loan Document, or (b) which is materially more restrictive upon the Borrower than the terms and conditions of this Agreement. The Borrower will not, and will not permit any of its Subsidiaries to, enter into any agreement (other than this Agreement and the other Loan Documents) prohibiting the creation or assumption of any Lien upon its properties (other than with respect to any mortgage on a particular property), revenues or assets, whether now owned or hereafter acquired, or restricting the ability of the Borrower to amend or modify this Agreement or any other Loan Document.
Sample 1
Other Debt Instruments. In the case of any debt instrument not de- scribed in subparagraph (A) or (B), the term ‘‘date of original issue’’ means the date on which the debt instrument was issued in a sale or exchange.
Sample 1
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Related to Other Debt Instruments

  • Debt Instruments Attached hereto as Schedule 8 is a true and correct list of all promissory notes and other evidence of indebtedness held by Holdings, the Borrower and each Subsidiary that are required to be pledged under the Guarantee and Collateral Agreement, including all applicable intercompany notes between Holdings and each Subsidiary of Holdings and each Subsidiary of Holdings and each other such Subsidiary.

  • Contracts; Debt Instruments 20 3.12. Litigation........................................................... 21 3.13.

  • Other Documents and Instruments The Agent shall have received, with a photocopy for each Bank, such other instruments and documents as each of the Banks may reasonably request in connection with the making of Advances or issuance of Letters of Credit hereunder, and all such instruments and documents shall be satisfactory in form and substance to Agent and each Bank.

  • Further Documentation; Pledge of Instruments At any time and from time to time, upon the written request of Lender, and at the sole expense of Debtor, Debtor will promptly and duly execute and deliver any and all such further instruments, documents and agreements and take such further action as Lender may reasonably deem desirable to obtain the full benefits of this Security Agreement and of the rights and powers herein granted, including the filing of any financing or continuation statements under the UCC with respect to the liens and security interests granted hereby, transferring Collateral to Lender’s possession (if a security interest in such Collateral can be perfected only by possession), and using its best efforts to obtain waivers of Liens and consents to assignments from landlords and mortgagees. Debtor hereby irrevocably makes, constitutes and appoints Lender (and all Persons designated by Lender for that purpose) as Debtor’s true and lawful attorney-in-fact, effective upon the failure or refusal of Debtor upon request to execute and/or deliver to Lender any financing statement, continuation statement, instrument, document, or agreement that Lender may reasonably deem desirable to obtain the full benefits of this Security Agreement and of the rights and powers granted hereunder (herein, “Supplemental Documentation”), to sign Debtor’s name on any such Supplemental Documentation and to deliver any such Supplemental Documentation to such Person as Lender, in its sole discretion, shall elect. Debtor also hereby authorizes Lender to file any financing or continuation statement without the signature of Debtor to the extent permitted by applicable law. Debtor agrees that a carbon, photographic, photostatic, or other reproduction of this Security Agreement or of a financing statement is sufficient as a financing statement and may be filed by Lender in any filing office. If any amount payable under or in connection with any of the Collateral shall be or become evidenced by any Instrument or Document, such Instrument or Document shall be immediately pledged to Lender hereunder, and shall be duly endorsed in a manner satisfactory to Lender and delivered to Lender. In the event that Debtor shall acquire after the Closing Date any letters of credit, Securities, Chattel Paper, Documents, or Instruments having a value in excess of $10,000, Debtor shall promptly so notify Lender and deliver the originals of all of the foregoing to Lender and in any event within ten (10) days of each acquisition.

  • Agreements and Instruments 38 11.4.3. Certified Resolutions.............................. 38 11.4.4. Officers' Certificate.............................. 38 ARTICLE 12.

  • Other Financing Documents In addition to the Financing Documents to be delivered by the Borrower, the Lender shall have received the Financing Documents duly executed and delivered by Persons other than the Borrower.

  • Intercompany Indebtedness The Company shall not create, incur, assume or otherwise become or remain directly or indirectly liable with respect to any Indebtedness arising from loans from any Subsidiary to the Company unless (a) such Indebtedness is unsecured and (b) such Indebtedness shall be expressly subordinate to the payment in full in cash of the Obligations on terms satisfactory to the Administrative Agent.

  • Delivery of Instruments, Securities, Chattel Paper and Documents Such Grantor will (a) deliver to the Administrative Agent promptly (but in any event within five Business Days) upon execution of this Security Agreement the originals of all Chattel Paper, Securities and Instruments constituting Collateral owned by it that on an individual basis bears a face amount of at least $5,000,000 (if any then exist), (b) hold in trust for the Administrative Agent upon receipt and promptly (but in any event within five Business Days) thereafter deliver to the Administrative Agent any such Chattel Paper, Securities and Instruments constituting Collateral owned by it that on an individual basis bears a face amount of at least $5,000,000, (c) promptly upon the Administrative Agent’s request, deliver to the Administrative Agent (and thereafter hold in trust for the Administrative Agent upon receipt and promptly (but in any event within five Business Days) deliver to the Administrative Agent) any Document evidencing or constituting Collateral that on an individual basis bears a face amount of at least $5,000,000 and (d) promptly upon the Administrative Agent’s request, deliver to the Administrative Agent a duly executed amendment to this Security Agreement, in the form of Exhibit A hereto (the “Amendment”), pursuant to which such Grantor will pledge such additional Collateral. Such Grantor hereby authorizes the Administrative Agent to attach each Amendment to this Security Agreement and agrees that all additional Collateral owned by it set forth in such Amendments shall be considered to be part of the Collateral.

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