Permitted Indebtedness and Guaranties Sample Clauses

Permitted Indebtedness and Guaranties. 7.13 Transactions with Affiliates EXHIBIT A-1 TO THIRD AMENDED AND RESTATED LOAN AGREEMENT BY AND AMONG NATIONAL CONSUMER COOPERATIVE BANK AND CERTAIN BANKS NAMED THEREIN AND FLEET BANK, N.A., AS AGENT FOR THE BANKS FORM OF A NOTE [A Commitment Amount] Due May 27, 2000 FOR VALUE RECEIVED, NATIONAL CONSUMER COOPERATIVE BANK D/B/A NATIONAL COOPERATIVE BANK, (the "Borrower"), hereby promises to pay to the order of [ ] (the "Bank") by payment to the Agent for the account of the Bank the principal sum of [amount of A Commitment] ($__________) Dollars (or such lesser amount as shall equal the aggregate unpaid principal amount of the A Loans made by the Bank under the Loan Agreement hereinafter defined, shown on the schedule annexed hereto and any continuation thereof), in lawful money of the United States of America and in immediately available funds on the date or dates determined as provided in the Loan Agreement but in no event later than May 27, 2000. The Borrower further promise to pay to the order of the Bank by payment to the Agent for the account of the Bank interest on the unpaid principal amount of each Loan from the date such Loan is made until paid in full, payable at such rates and at such times as provided for in the Loan Agreement. The Bank has been authorized by the Borrower to record on the schedules annexed to this A Note (or on any continuation thereof) the amount, type, due date and interest rate of each A Loan made by the Bank under the Loan Agreement and the amount of each payment or prepayment of principal and the amount of each payment of interest of each such A Loan received by the Bank, it being understood, however, that failure to make any such notation shall not affect the rights of the Bank or the obligations of the Borrower hereunder or under the Loan Agreement in respect of such Loans. Such notations shall be deemed correct, absent manifest error. This A Note is one of the Notes referred to in the Third Amended and Restated Loan Agreement (the "Loan Agreement") dated as of May 28, 1997, among the Borrower, the Banks and Fleet Bank, N.A., as Agent for the Banks and evidences the A Loans made by the Bank thereunder. This A Note supersedes the Third Substituted A Note dated May 30, 1996 made by the Borrower to the order of the Bank in the original principal amount of $ but does not constitute a novation, extinguishment or termination of the obligations evidenced thereby. Capitalized terms used in this Note have the respective meanings...
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Permitted Indebtedness and Guaranties. 7.2 Permitted Security Interests, Liens and Encumbrances RESTATED LOAN AGREEMENT THIS LOAN AGREEMENT (this “Agreement”), made as of the 31st day of July, 2003, by and between ABCCO., INC., a New York corporation (“BTC”), GHICORP., a New York corporation (“BCM.”, and together with BTC, individually each a “Borrower” and collectively the “Borrowers”), and ____ NATIONAL BANK, a national banking association (the “Bank”),
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Permitted Indebtedness and Guaranties. See the discussion of Midsummer’s ownership of the Class A Preferred Stock in Schedule 5.2.
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Permitted Indebtedness and Guaranties. 7.2 Permitted Security Interests, Liens and Encumbrances EXHIBIT A TO LOAN AGREEMENT BY AND AMONG OMEGA WORLDWIDE, INC., THE BANKS SIGNATORY HERETO AND FLEET BANK, N.A., AS AGENT FORM OF NOTE EXHIBIT B TO LOAN AGREEMENT BY AND AMONG OMEGA WORLDWIDE, INC., THE BANKS SIGNATORY HERETO AND FLEET BANK, N.A., AS AGENT FORM OF ASSIGNMENT AND ACCEPTANCE SCHEDULE 3.1 TO LOAN AGREEMENT BY AND AMONG OMEGA WORLDWIDE, INC., THE BANKS SIGNATORY HERETO AND FLEET BANK, N.A., AS AGENT STATES OF INCORPORATION AND QUALIFICATION, AND CAPITALIZATION OF BORROWER
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Permitted Indebtedness and Guaranties. MW2-163768-6 Exhibit A to Credit and Security Agreement REVOLVING NOTE $10,500,000.00 Milwaukee, Wisconsin December 31, 1998 For value received, the undersigned, P. G. DESIGN ELECTRONICS, INC., a Delaware corporation (the "Borrower"), hereby promises to pay on the Termination Date under the Credit Agreement (defined below), to the order of NORWEST BUSINESS CREDIT, INC., a Minnesota corporation (the "Lender"), at its office in Milwaukee, Wisconsin, or at any other place designated at any time by the holder hereof, in lawful money of the United States of America and in immediately available funds, the principal sum of Ten Million Five Hundred Thousand Dollars ($10,500,000.00) or, if less, the aggregate unpaid principal amount of all Advances made by the Lender to the Borrower under the Credit Agreement (defined below) together with interest on the principal amount hereunder remaining unpaid from time to time, computed on the basis of the actual number of days elapsed and a 360-day year, from the date hereof until this Note is fully paid at the rate from time to time in effect under the Credit and Security Agreement of even date herewith (as the same may hereafter be amended, supplemented or restated from time to time, the "Credit Agreement") by and between the Lender and the Borrower. The principal hereof and interest accruing thereon shall be due and payable as provided in the Credit Agreement. This Note may be prepaid only in accordance with the Credit Agreement. This Note is issued pursuant, and is subject, to the Credit Agreement, which provides, among other things, for acceleration hereof. This Note is the Revolving Note referred to in the Credit Agreement. This Note is secured, among other things, pursuant to the Credit Agreement and the Security Documents as therein defined, and may now or hereafter be secured by one or more other security agreements, mortgages, deeds of trust, assignments or other instruments or agreements. The Borrower hereby agrees to pay all costs of collection, including reasonable attorneys' fees and legal expenses in the event this Note is not paid when due, whether or not legal proceedings are commenced. Presentment or other demand for payment, notice of dishonor and protest are expressly waived.
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Permitted Indebtedness and Guaranties. Indebtedness to Xxxxx Fargo Bank Minnesota pursuant to the Xxxxx Fargo Bank Minnesota Credit Agreement. Also, see attached.
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Related to Permitted Indebtedness and Guaranties

  • Indebtedness and Guaranties Incur any indebtedness for borrowed money other than in the ordinary course of business consistent with past practice with a term not in excess of one year; or incur, assume or become subject to, whether directly or by way of any guarantee or otherwise, any obligations or liabilities (absolute, accrued, contingent or otherwise) of any other person or entity, other than the issuance of letters of credit in the ordinary course of business and in accordance with the restrictions set forth in Section 5.2(r).

  • Permitted Indebtedness Borrower shall not create, incur, assume or suffer to exist any Indebtedness, except the following (collectively, "Permitted Indebtedness"): (i) Indebtedness under the Loan Documents, (ii) any Indebtedness set forth on Schedule 7.2, (iii) Capitalized Lease Obligations incurred after the Closing Date and Indebtedness incurred pursuant to purchase money Liens permitted by Section 7.3(v), provided that the aggregate amount of such Capitalized Lease Obligations and purchase money indebtedness outstanding at any time shall not exceed $75,000, (iv) Indebtedness in connection with advances made by a stockholder in order to cure any default of the financial covenants set forth on Annex I; provided, however, that such Indebtedness shall be on an unsecured basis, subordinated in right of repayment and remedies to all of the Obligations and to all of Lender's rights pursuant to a subordination agreement in form and substance satisfactory to Lender; (v) accounts payable to trade creditors and current operating expenses (other than for borrowed money) which are not aged more than 120 calendar days from the billing date or more than 30 days from the due date, in each case incurred in the ordinary course of business and paid within such time period, unless the same are being contested in good faith and by appropriate and lawful proceedings and such reserves, if any, with respect thereto as are required by GAAP and deemed adequate by Borrower's independent accountants shall have been reserved; (vi) borrowings incurred in the ordinary course of business and not exceeding $10,000 individually or in the aggregate outstanding at any one time, provided, however, that such Indebtedness shall be on an unsecured basis, subordinated in right of repayment and remedies to all of the Obligations and to all of Lender's rights pursuant to a subordination agreement in form and substance satisfactory to Lender; and (vii)

  • Existing Indebtedness of the Loan Parties All of the existing Indebtedness for borrowed money of the Borrower and its Subsidiaries (other than Indebtedness permitted to exist pursuant to Section 7.02) shall be repaid in full and all security interests related thereto shall be terminated on or prior to the Closing Date.

  • Existing Indebtedness; Future Liens (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of the dates specified in such Schedule (and specifying, as to each such Indebtedness, the collateral, if any, securing such Indebtedness), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

  • Indebtedness and Liens (a) Except for trade debt incurred in the normal course of business and indebtedness to Lender contemplated by this Agreement, create, incur or assume indebtedness for borrowed money, including capital leases, (b) except as allowed as a Permitted Lien, sell, transfer, mortgage, assign, pledge, lease, grant a security interest in, or encumber any of Borrower's assets, or (c) sell with recourse any of Borrower's accounts, except to Lender.

  • Loans, Acquisitions and Guaranties (1) Loan, invest in or advance money or assets to any other person, enterprise or entity, (2) purchase, create or acquire any interest in any other enterprise or entity, or (3) incur any obligation as surety or guarantor other than in the ordinary course of business.

  • Investments and Guaranties As of the Agreement Date, no Borrower Party or any Subsidiary of a Borrower Party owns any Equity Interests of any Person except as disclosed on Schedules 5.1(c)-1 and 5.1(c)-2, or has outstanding loans or advances to, or guaranties of the obligations of, any Person, except as reflected in the financial statements referred to in Section 5.1(k) or disclosed on Schedule 5.1(m).

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