Common use of Permitted Debt; Disqualified Equity Interests Clause in Contracts

Permitted Debt; Disqualified Equity Interests. Create, incur, guarantee or suffer to exist any Debt, or issue any Disqualified Equity Interest, except: (a) the Obligations; (b) Debt evidenced by the Senior Notes; (c) Permitted Purchase Money Debt; (d) Borrowed Money (other than the Obligations, Company Subordinated Debt and Permitted Purchase Money Debt), but only to the extent outstanding on the Closing Date, not satisfied with proceeds of the initial Loans and identified on Schedule 10.2.1; (e) (i) Bank Product Debt and (ii) obligations under Hedging Agreements permitted under Section 10.2.15; (f) Debt that is in existence when a Person becomes a Subsidiary or that is secured by an asset when acquired by a Credit Party or Subsidiary, as long as such Debt was not incurred in contemplation of such Person becoming a Subsidiary or such acquisition, and does not exceed $5,000,000 in the aggregate at any time; (g) unsecured Debt in an amount not in excess of $15,000,000 at any time of any Credit Party or Subsidiary (other than any loans or advances that would be in violation of Section 402 of the Xxxxxxxx-Xxxxx Act) owing to any then existing or former director, officer or employee of Credit Party or Subsidiary or their respective assigns, estates, heirs or their current or former spouses for the repurchase, redemption or other acquisition or retirement for value of any of the Equity Interests of Parent held by them; (h) unsecured Debt of any Credit Party or Subsidiary owing to any seller as payment of the purchase price of a Permitted Acquisition, provided that such unsecured Debt shall be on market terms and deeply subordinated to the Obligations hereunder on terms reasonably acceptable to the Agent; (i) contingent indemnification obligations of any Credit Party or Subsidiary to financial institutions, in each case to the extent in the ordinary course of business and on terms and conditions which are within the general parameters customary in the banking industry, entered into to obtain cash management services or deposit account overdraft protection services (in amount similar to those offered for comparable services in the financial industry) or other services in connection with the management or opening of deposit accounts or incurred as a result of endorsement of negotiable instruments for deposit or collection purposes and other customary, contingent loss indemnification obligations of any Credit Party or Subsidiary incurred in the ordinary course of business; (j) contingent liabilities of any Credit Party or Subsidiary in respect of any purchase price adjustment, earn-out provision, non-competition or consulting agreement or deferred compensation agreement, or other indemnity obligations, in each case owing to the seller or any Affiliate thereof or officers or directors of any of them in connection with any Permitted Acquisition; (k) accretion or amortization of original issue discount and accretion of interest paid in kind, in each case in respect of Debt otherwise permitted here under;

Permitted Debt; Disqualified Equity Interests. Create, incur, guarantee or suffer to exist any Debt, or issue any Disqualified Equity Interest, except:except (collectively, “Permitted Debt”): (a) the Obligations; (b) Debt evidenced by the Senior Notes; (c) Permitted Purchase Money Debt; (d) Borrowed Money (other than the Obligations, Term Loan Obligations, Company Subordinated Debt and Permitted Purchase Money Debt), but only to the extent outstanding on the Closing Date, not satisfied with proceeds of the initial Loans and identified on Schedule 10.2.1; (e) (i) Bank Product Debt and (ii) obligations under Hedging Agreements permitted under Section 10.2.15; (f) Debt that is in existence when a Person becomes a Subsidiary or that is secured by an asset when acquired by a Credit Party or Subsidiary, as long as such Debt was not incurred in contemplation of such Person becoming a Subsidiary or such acquisition, and does not exceed $5,000,000 in the aggregate at any time; (g) unsecured Debt in an amount not in excess of $15,000,000 at any time of any Credit Party or Subsidiary (other than any loans or advances that would be in violation of Section 402 of the Xxxxxxxx-Xxxxx Act) owing to any then existing or former director, officer or employee of Credit Party or Subsidiary or their respective assigns, estates, heirs or their current or former spouses for the repurchase, redemption or other acquisition or retirement for value of any of the Equity Interests of Parent held by them; (h) unsecured Debt of any Credit Party or Subsidiary owing to any seller as payment of the purchase price of a Permitted Acquisition, provided that such unsecured Debt shall be on market terms and deeply subordinated to the Obligations hereunder on terms reasonably acceptable to the Agent; (i) contingent indemnification obligations of any Credit Party or Subsidiary to financial institutions, in each case to the extent in the ordinary course of business and on terms and conditions which are within the general parameters customary in the banking industry, entered into to obtain cash management services or deposit account overdraft protection services (in amount similar to those offered for comparable services in the financial industry) or other services in connection with the management or opening of deposit accounts or incurred as a result of endorsement of negotiable instruments for deposit or collection purposes and other customary, contingent loss indemnification obligations of any Credit Party or Subsidiary incurred in the ordinary course of business; (j) contingent liabilities of any Credit Party or Subsidiary in respect of any purchase price adjustment, earn-out provision, non-competition or consulting agreement or deferred compensation agreement, or other indemnity obligations, in each case owing to the seller or any Affiliate thereof or officers or directors of any of them in connection with any Permitted Acquisition; (k) accretion or amortization of original issue discount and accretion of interest paid in kind, in each case in respect of Debt otherwise permitted here under;