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 46 contracts
Samples: Credit Agreement (Natural Alternatives International Inc), Credit Agreement (Rocky Mountain Chocolate Factory, Inc.), Credit Agreement (Pfenex 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 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, 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, 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, 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, (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, 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 (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 (Provena Foods Inc), Credit Agreement (Diodes Inc /Del/)
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, 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 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.
Appears in 1 contract
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
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
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: Senior Secured Super Priority Debtor in Possession 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 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, (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, 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
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
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
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
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
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
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 liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereofon SCHEDULE 5.4 attached hereto.
Appears in 1 contract
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 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
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
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
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
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) 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 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
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 unmatured, liquidated or unliquidated, joint or several, except except
(a) the liabilities of the Borrower to BankLender, and (b) any other liabilities of Borrower existing as of, and disclosed obligations relating to Bank prior to, the date hereof.Existing Bonds;
Appears in 1 contract
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 (collectively, “Indebtedness”), 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]
Appears in 1 contract
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
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
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 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 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
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
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, 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)
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 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: Senior Secured Super Priority Debtor in Possession 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 toBank, the date hereof.(c) real estate debt in favor of Xxxx Bank, S.S.
Appears in 1 contract
Samples: Credit Agreement (Intervoice 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, inclusive of lessor purchase money security interests limited to $500,000.00 annually.
Appears in 1 contract
Samples: Credit Agreement (Rimage Corp)