Common use of Other Indebtedness Clause in Contracts

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, and (b) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereof.

Appears in 45 contracts

Samples: Credit Agreement (Natural Alternatives International Inc), Credit Agreement (Rocky Mountain Chocolate Factory, Inc.), Credit Agreement (Pfenex Inc.)

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Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, and (b) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereof.except:

Appears in 9 contracts

Samples: Credit Agreement, Credit Agreement, Credit Agreement (Werner Enterprises Inc)

Other Indebtedness. CreateNot create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, and (b) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereof.

Appears in 3 contracts

Samples: Securities Account Control Agreement (Auspex Systems Inc), Futech Interactive Products Inc, Active Voice Corp

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower or such Third Party Obligor to Bank, and (b) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereof.)

Appears in 3 contracts

Samples: Credit Agreement (Sunpower Corp), Credit Agreement (Sunpower Corp), Credit Agreement (Sunpower Corp)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, Bank and (b) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereof.

Appears in 2 contracts

Samples: Credit Agreement (Diodes Inc /Del/), Credit Agreement (Provena Foods Inc)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, and (band(b) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereof, and (c) other liabilities not to exceed an aggregate principal amount of $1,000,000.00.

Appears in 2 contracts

Samples: Credit Agreement (Gadzooks Inc), Credit Agreement (Gadzooks Inc)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, and (b) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, of the date hereofhereof and identified on Schedule 5.2.

Appears in 2 contracts

Samples: Credit Agreement (Motorcar Parts & Accessories Inc), Credit Agreement (Motorcar Parts & Accessories Inc)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, which in the aggregate exceed $500,000, except (a) the liabilities of Borrower to BankLenders, and or (b) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereofPermitted Indebtedness.

Appears in 2 contracts

Samples: Credit Agreement (Axt Inc), Credit Agreement (Axt Inc)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except except: (a) the liabilities of Borrower or such Third Party Obligor to Bank, ; and (b) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereof.)

Appears in 2 contracts

Samples: Credit Agreement (Sunpower Corp), Credit Agreement (Sunpower Corp)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, direct or indirect, except (a) the liabilities of Borrower to BankLender, and (b) additional indebtedness or liabilities in an aggregate amount not to exceed $250,000.00 at any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereoftime.

Appears in 2 contracts

Samples: Loan Agreement (Aqua Metals, Inc.), Loan Agreement (Aqua Metals, Inc.)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or gr several, except (a) the liabilities of Borrower to Bank, and (b) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereof.

Appears in 2 contracts

Samples: Credit Agreement (Lecg Inc), Credit Agreement (Lecg Inc)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, swap agreements, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower the Loan Parties to BankBank hereunder, and (b) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereofClosing Date.

Appears in 2 contracts

Samples: Credit Agreement (Antero Midstream GP LP), Credit Agreement

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, (b) trade payables incurred in the ordinary course of business and (bc) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereof.

Appears in 2 contracts

Samples: Credit Agreement (Endologix Inc /De/), Credit Agreement (Endologix Inc /De/)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, and (b) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereof, and (c) advances under the existing line of credit at Wood Trust Bank.

Appears in 1 contract

Samples: Credit Agreement (Renaissance Learning Inc)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, (b) trade debt incurred in the ordinary course of its business, (c) purchase money indebtedness (including capitalized leases) not to exceed $350,000.00 outstanding at any time, and (bd) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereof.

Appears in 1 contract

Samples: Credit Agreement (Micrus Corp)

Other Indebtedness. Create, incur, assume or permit to exist any interest bearing indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, and (b) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereof, in an aggregate amount greater than $1,000,000.00.

Appears in 1 contract

Samples: Credit Agreement (Key Tronic Corp)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, ,joint or several, except (a) the liabilities of Borrower to Bank, and (b) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereofhereof (c) $500,000.00 permitted annually without prior Bank approval.

Appears in 1 contract

Samples: Credit Agreement (Hia Inc)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, and (b) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereof, and (c) indebtedness incurred to finance fixed asset purchase money transactions.

Appears in 1 contract

Samples: Credit Agreement (Jaymark Inc)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, and (b) any other the liabilities of Borrower existing as ofof the date hereof and listed on Exhibit C to this Agreement, and disclosed (c) other liabilities not to Bank prior to, the date hereofexceed an aggregate principal amount of $3,000,000.00.

Appears in 1 contract

Samples: Credit Agreement (Schlotzskys Inc)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, and (b) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereof, and (c) other liabilities not to exceed an aggregate principal amount of $3,000,000.00.

Appears in 1 contract

Samples: Credit Agreement (Motorcar Parts & Accessories Inc)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmaturedun-matured, liquidated or unliquidatedun-liquidated, joint or several, except (a) the liabilities of Borrower to BankLender, and (b) any other liabilities of Borrower existing as of, and disclosed to Bank Lender prior to, the date hereof.

Appears in 1 contract

Samples: Credit Agreement (Amen Properties Inc)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, and (b) any other liabilities of Borrower existing as of, of and disclosed to Bank without Xxxxx Fargo Bank's prior to, the date hereofwritten consent.

Appears in 1 contract

Samples: Credit Agreement (Natures Sunshine Products Inc)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, (b) indebtedness to trade creditors incurred in the ordinary course of business, and (bc) any other liabilities of Borrower or Subsidiaries existing as of, and disclosed to Bank prior to, the date hereof.

Appears in 1 contract

Samples: Credit Agreement (Lexar Media Inc)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, (b) indebtedness incurred for the purchase of equipment in an amount not in excess of $2,000,000, and (bc) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereof.

Appears in 1 contract

Samples: Credit Agreement (Orion Energy Systems, Inc.)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower Borrowers to BankLender, and (b) any other liabilities of Borrower Borrowers existing as of, and disclosed in writing to Bank Lender prior to, the date hereof.Effective Date 22

Appears in 1 contract

Samples: Credit Agreement

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, ; (b) insurance premium financing obligations of Borrower; and (bc) any other liabilities of Borrower existing as of, and disclosed to Bank in writing prior to, the date hereof...

Appears in 1 contract

Samples: Credit Agreement (Smith Micro Software, Inc.)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, and (b) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereof, and (c) purchase money indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Datalink Corp)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, Bank and (b) any other liabilities of Borrower existing as of, of the date of this Agreement and disclosed in the financial statement delivered to Bank prior to, the date hereofpursuant to Section 2.5.

Appears in 1 contract

Samples: Credit Agreement (Chalone Wine Group LTD)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower Borrowers to BankLender, and (b) any other liabilities of Borrower Borrowers existing as of, and disclosed in writing to Bank Lender prior to, the date hereofEffective Date.

Appears in 1 contract

Samples: Credit Agreement

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, and (b) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereof, and (c) the Permitted Liens.

Appears in 1 contract

Samples: Credit Agreement (Stratford American Corp)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, and (b) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereofhereof and (c) liabilities incurred in subsequent acquisitions.

Appears in 1 contract

Samples: Loan Agreement (Utah Medical Products Inc)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, and (b) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereofhereof and (c) any obligations to American Bank & Trust not to exceed $5,000,000.00.

Appears in 1 contract

Samples: Credit Agreement (Flexsteel Industries Inc)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, and (b) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereof."

Appears in 1 contract

Samples: Credit Agreement (Rexx Environmental Corp)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, and (b) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereof.

Appears in 1 contract

Samples: Credit Agreement (Pacer Technology)

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Other Indebtedness. Create, incur, assume or permit to exist any indebtedness Indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except other than (a) the liabilities of Borrower to Bank, (b) Permitted Indebtedness, and (bc) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereofits Subsidiaries identified on Schedule 6.2 hereto.

Appears in 1 contract

Samples: Credit Agreement (Korn Ferry International)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, Bank and (b) any other liabilities of Borrower existing as of, of the date of this Agreement and disclosed in the financial statement delivered to Bank prior to, the date hereofpursuant to section 2.5.

Appears in 1 contract

Samples: Credit Agreement (Chalone Wine Group LTD)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities in excess of $100,000.00 resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, and (b) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereof.

Appears in 1 contract

Samples: Credit Agreement Credit Agreement (Check Technology Corp)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or severalseveral in excess of $100,000 without banks prior written consent, except (a) the liabilities of Borrower to Bank, and (b) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereof.

Appears in 1 contract

Samples: Credit Agreement (Rocky Mountain Chocolate Factory Inc)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, Bank and (b) any other liabilities of Borrower existing as of, of the date of this Agreement and previously disclosed to Bank prior to, the date hereofand except for stock option loans not in excess of an aggregate of $1,000,000.00.

Appears in 1 contract

Samples: Credit Agreement (Harding Lawson Associates Group Inc)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or severalseveral in excess of an aggregate of $10,000,000.00, except (a) the liabilities of Borrower to Bank, and (b) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereof.

Appears in 1 contract

Samples: Credit Agreement (Knight Transportation Inc)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, and (b) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereofhereof and (c) any debt or liabilities incurred by Borrower in the ordinary course of business.

Appears in 1 contract

Samples: Credit Agreement (EnviroStar, Inc.)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, and (b) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereof, (c) leases permitted under Section 5.6 below.

Appears in 1 contract

Samples: Credit Agreement (Keith Companies Inc)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness Indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or severalseveral ("Indebtedness"), except (a) the liabilities of Borrower to Bank, and (b) any other liabilities of Borrower existing under the facilities and in the maximum amounts as of, and disclosed set forth in Schedule 5.2 or any replacements thereof on equivalent terms reasonably acceptable to Bank prior to, the date hereofand (c) any Indebtedness secured by Permitted Liens.

Appears in 1 contract

Samples: Credit Agreement (E Loan Inc)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans loans, capital leases or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, and (b) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereofin an aggregate amount less than $1,000,000.00.

Appears in 1 contract

Samples: Credit Agreement (Key Tronic Corp)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, Lender and (b) any other liabilities of Borrower existing as of, and disclosed to Bank Lender prior to, the date hereofhereof in the Information Certificate.

Appears in 1 contract

Samples: Loan Agreement (Advanced Materials Group Inc)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, (b) ordinary course of business operating leases, and (bc) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereof.

Appears in 1 contract

Samples: Credit Agreement (Sharps Compliance Corp)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, and (b) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereofhereof and (c) ordinary course of business operating leases.

Appears in 1 contract

Samples: Credit Agreement (Sharps Compliance Corp)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, and (b) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereof, inclusive of lessor purchase money security interests limited to $500,000.00 annually.

Appears in 1 contract

Samples: Credit Agreement (Rimage Corp)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to BankLender, and (b) any other liabilities of Borrower existing as of, and disclosed to Bank Lender prior to, the date hereof.

Appears in 1 contract

Samples: Credit Agreement (Rocky Mountain Chocolate Factory, Inc.)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to BankLender, and (b) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, described in the date hereofSubordination Agreement and the Intercreditor Agreement.

Appears in 1 contract

Samples: Warrant Purchase Agreement (Allis Chalmers Corp)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, and (b) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereof, and (c) purchase money financing and capitalized leases. SECTION 5.4.

Appears in 1 contract

Samples: Credit Agreement (Medtox Scientific Inc)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, and (b) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereof, and (c) purchase money indebtedness secured only by the assets purchased.

Appears in 1 contract

Samples: Credit Agreement (Dionex Corp /De)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, and (b) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereof, and (c) liabilities incurred in connection with the issuance of trust preferred securities.

Appears in 1 contract

Samples: Credit Agreement (Enterprise Financial Services Corp)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, and (b) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereofon SCHEDULE 5.4 attached hereto.

Appears in 1 contract

Samples: Credit Agreement (Allis Chalmers Corp)

Other Indebtedness. Create, incur, assume or permit to exist any indebtedness or liabilities resulting from borrowings, loans or advances, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, joint or several, except (a) the liabilities of Borrower to Bank, and Bank (b) any other liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereofhereof and (c) liabilities not to exceed an aggregate of $5,000,000 at any time outstanding.

Appears in 1 contract

Samples: Credit Agreement (Cray Inc)

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