Common use of Payment of Other Indebtedness Clause in Contracts

Payment of Other Indebtedness. Make (or give any notice with respect thereto) any voluntary or optional payment or prepayment or redemption or acquisition for value of (including without limitation, by way of depositing money or securities with the trustee with respect thereto before due for the purpose of paying when due), refund, refinance or exchange of any Indebtedness of any Loan Party or any Subsidiary (other than (i) any of the foregoing payments or transactions relating to (x) Indebtedness arising under the Loan Documents, (y) any Permitted Senior Revolving Credit Indebtedness and (z) the repayment of all Indebtedness owing under the Existing Credit Agreement on the Funding Date, (ii) such payments or transactions that do not exceed an aggregate amount of $1,000,000 per fiscal year, (iii) Permitted Refinancings expressly permitted hereby and (iv) prepayments by the Borrower of Indebtedness permitted by Section 8.03(o); provided, that, with respect to this clause (iv), (x) the funds utilized by the Borrower for any such payments shall consist solely of (A) proceeds received from a substantially concurrent issuance of new Qualified Capital Stock of the Borrower and (B) not more than $1,750,000 of internally generated cash and Cash Equivalents of the Loan Parties and their Subsidiaries and (y) no proceeds of any Loans or any other Indebtedness shall be used for any such payments).

Payment of Other Indebtedness. Make (or give any notice with respect thereto) any voluntary or optional payment or prepayment or redemption or acquisition for value of (including without limitation, by way of depositing money or securities with the trustee with respect thereto before due for the purpose of paying when due), refund, refinance or exchange of any Indebtedness of any Loan Party or any Subsidiary (other than (i) any of the foregoing payments or transactions relating to (x) Indebtedness arising under the Loan Documents, (y) any Permitted Senior Revolving Credit Indebtedness and (z) the repayment of all Indebtedness owing under the Existing Credit Agreement on the Funding Date, (ii) such payments or transactions that do not exceed an aggregate amount of $1,000,000 per fiscal year, (iii) Permitted Refinancings expressly permitted hereby and (iv) prepayments by the Borrower of Indebtedness permitted by Section 8.03(o); provided, that, with respect to this clause (iv), (x) the funds utilized by the Borrower for any such payments shall consist solely of (A) proceeds received from a substantially concurrent issuance of new Qualified Capital Stock of the Borrower and (B) not more than $1,750,000 of internally generated cash and Cash Equivalents of the Loan Parties and their Subsidiaries and (y) no proceeds of any Loans or any other Indebtedness shall be used for any such payments).. 8.12