Common use of Prepayment of Indebtedness; Subordinated Indebtedness Clause in Contracts

Prepayment of Indebtedness; Subordinated Indebtedness. (a) No Loan Party shall, directly or indirectly, voluntarily purchase, redeem, defease or prepay any principal of, premium, if any, interest or other amount payable in respect of any Indebtedness prior to its scheduled maturity, other than (i) the Obligations; (ii) Indebtedness secured by a Permitted Lien if the asset securing such Indebtedness has been sold or otherwise disposed of; (iii) Indebtedness permitted by Section 6.17(d) upon any refinancing thereof in accordance therewith; and (iv) Indebtedness that is refinanced with Indebtedness permitted under Section 6.17 (d). (b) No Loan Party shall make any amendment or modification that is in any way adverse to the interests of the Lenders, to the indenture, note or other agreement evidencing or governing any Subordinated Indebtedness, or directly or indirectly voluntarily prepay, defease or in substance defease, purchase, redeem, retire or otherwise acquire, any Subordinated Indebtedness.

Prepayment of Indebtedness; Subordinated Indebtedness. (a) No Loan Party shall, directly or indirectly, voluntarily purchase, redeem, defease or prepay any principal of, premium, if any, interest or other amount payable in respect of any Indebtedness prior to its scheduled maturity, other than (i) the ObligationsObligations and the Indebtedness described on Schedule 6.01 hereto; (ii) Indebtedness secured by a Permitted Lien Liens permitted by Section 6.02 if the asset securing such Indebtedness has been sold or otherwise disposed ofof in accordance herewith; and (iii) Indebtedness permitted by Section 6.17(d) hereunder upon any permitted refinancing thereof in accordance therewith; and (iv) Indebtedness that is refinanced with Indebtedness permitted under Section 6.17 (d). (b) No Loan Party shall make any amendment or modification that is in any way adverse to the interests of the Lenders, to the indenture, note or other agreement evidencing or governing any Subordinated Indebtedness, or directly or indirectly voluntarily prepay, defease or in substance defease, purchase, redeem, retire or otherwise acquire, any Subordinated Indebtedness.

Prepayment of Indebtedness; Subordinated Indebtedness. (a) No Loan Party shall, directly or indirectly, voluntarily purchase, redeem, defease or prepay any principal of, premium, if any, interest or other amount payable in respect of any Indebtedness prior to its scheduled maturity, other than (i) the Obligations; (ii) Indebtedness secured by a Permitted Lien if the asset securing such Indebtedness has been sold or otherwise disposed ofof in accordance with Section 6.20; (iii) Indebtedness permitted by Section 6.17(d) upon any refinancing thereof in accordance therewith; and (iv) Indebtedness that permitted by Sections 6.17(e) and 6.17(j), so long as (A) no Default has occurred and is refinanced continuing or would result therefrom, (B) prior or to and after giving effect to such redemption, prepayment or defeasement, Borrower shall be in pro forma compliance with the financial covenants set forth herein and have, on a pro forma basis, a Fixed Charge Coverage Ratio of at least 1.0 to 1.0, and (C) prior to and after giving effect to such redemption, prepayment or defeasement, Borrower shall have excess Availability of at least $20,000,000; and (v) Indebtedness permitted under Section 6.17 (d)in an aggregate amount not to exceed $2,000,000 in any Fiscal Year. (b) No Loan Party shall make any amendment (i) amend or modification that is in any way adverse to the interests of the Lenders, to modify the indenture, note or other agreement evidencing or governing any Subordinated IndebtednessIndebtedness or Indebtedness described in Section 6.17(j), in each case, in any manner that would adversely affect the rights of the Lenders under this Agreement or their ability to enforce the same, or (ii) directly or indirectly voluntarily prepay, defease or in substance defease, purchase, redeem, retire or otherwise acquire, any Subordinated Indebtedness.

Prepayment of Indebtedness; Subordinated Indebtedness. (a) No Loan Party shall, directly or indirectly, voluntarily purchase, redeem, defease or prepay any principal of, premium, if any, interest or other amount payable in respect of any Indebtedness prior to its scheduled maturity, other than (i) the Obligations; (ii) Indebtedness secured by a Permitted Lien if the asset securing such Indebtedness has been sold or otherwise disposed ofof in accordance with Section 6.19; (iii) Indebtedness permitted by Section 6.17(d6.16(d) upon any refinancing thereof in accordance therewith; and (iv) Indebtedness that permitted by Section 6.16(e); and (v) if (A) prior to and after giving effect to any such payment Availability equals or exceeds $35,000,000 and (B) the Debt Service Coverage Ratio, determined as of the most-recently completed Fiscal Quarter prior to the date of such payment, for the then most-recently completed four (4) Fiscal Quarters, is refinanced with Indebtedness permitted under Section 6.17 (d)no less than 1.25 to 1.00, any other Indebtedness. (b) No Loan Party shall make any amendment or modification that is in any way adverse to the interests of the Lenders, to the indentureIndenture, note or other agreement evidencing or governing any Subordinated Indebtedness, or directly or indirectly voluntarily prepay, defease or in substance defease, purchase, redeem, retire or otherwise acquire, any Subordinated Indebtedness; provided that, the Domestic Borrower may make scheduled payments of interest with respect to Subordinated Indebtedness as long as no Default or Unmatured Default has occurred and is continuing or would result after giving effect to such payment.

Prepayment of Indebtedness; Subordinated Indebtedness. (a) No Loan Party shall, directly or indirectly, voluntarily purchase, redeem, defease or prepay any principal of, premium, if any, interest or other amount payable in respect of any Indebtedness prior to its scheduled maturity, other than (i) the Obligations; (ii) Indebtedness secured by a Permitted Lien if the asset securing such Indebtedness has been sold or otherwise disposed ofof in accordance with Section 6.20; (iii) Indebtedness permitted by Section 6.17(d) upon any refinancing thereof in accordance therewith; and (iv) Indebtedness that is refinanced with permitted by Section 6.17(e); and (v) Indebtedness permitted under by Section 6.17 (d6.17(k). (b) No Loan Party shall make any amendment or modification that is in any way adverse to the interests of the Lenders, to the indenture, note or other agreement evidencing or governing any Subordinated Indebtedness, or directly or indirectly voluntarily prepay, defease or in substance defease, purchase, redeem, retire or otherwise acquire, any Subordinated IndebtednessIndebtedness other than with respect to the Convertible Note Repurchase.

Prepayment of Indebtedness; Subordinated Indebtedness. (a) No Loan Party shall, directly or indirectly, voluntarily purchase, redeem, defease or prepay any principal of, premium, if any, interest or other amount payable in respect of any Indebtedness prior to its scheduled maturity, other than (i) the Obligations; (ii) Indebtedness secured by a Permitted Lien Encumbrance if the asset securing such Indebtedness has been sold or otherwise disposed ofof in accordance with Section 6.03; (iii) Indebtedness permitted by Section 6.17(d6.01(b), (j), (k) or (m) upon any refinancing thereof in accordance therewithwith Section 6.01(l); and (iv) Indebtedness that is refinanced with Indebtedness permitted under by Section 6.17 (d6.01(c).; (b) No Loan Party shall make any amendment or modification that is in any way adverse to the interests of the Lenders, to the indenture, note or other agreement evidencing or governing any Subordinated Indebtedness, or directly or indirectly voluntarily prepay, defease or in substance defease, purchase, redeem, retire or otherwise acquire, any Subordinated Indebtedness.

Prepayment of Indebtedness; Subordinated Indebtedness. (a) No Loan Party shall, directly or indirectly, voluntarily purchase, redeem, defease or prepay any principal of, premium, if any, interest or other amount payable in respect of any Indebtedness prior to its scheduled maturity, other than (i) the Obligations; (ii) Indebtedness secured by a Permitted Lien if the asset securing such Indebtedness has been sold or otherwise disposed ofof in accordance with Section 6.20; (iii) Indebtedness permitted by Section 6.17(d) upon any refinancing thereof in accordance therewith; and (iv) Indebtedness that is refinanced with Indebtedness permitted under by Section 6.17 (d6.17(e). (b) No Loan Party shall make any amendment or modification that is in any way adverse to the interests of the Lenders, to the indenture, note or other agreement evidencing or governing any Subordinated Indebtedness, or directly or indirectly voluntarily prepay, defease or in substance defease, purchase, redeem, retire or otherwise acquire, any Subordinated Indebtedness.

Prepayment of Indebtedness; Subordinated Indebtedness. (a) No Loan Party shall, directly or indirectly, voluntarily purchase, redeem, defease or prepay any principal of, premium, if any, interest or other amount payable in respect of any Indebtedness prior to its scheduled maturity, other than (i) the ObligationsObligations and the Indebtedness described on Schedule 4.01 hereto; (ii) Indebtedness secured by a Permitted Lien Liens permitted by Section 6.02 if the asset securing such Indebtedness has been sold or otherwise disposed ofof in accordance herewith; and (iii) Indebtedness permitted by Section 6.17(d) hereunder upon any permitted refinancing thereof in accordance therewith; and (iv) Indebtedness that is refinanced with Indebtedness permitted under Section 6.17 (d). (b) No Loan Party shall make any amendment or modification that is in any way adverse to the interests of the Lenders, to the indenture, note or other agreement evidencing or governing any Subordinated Indebtedness, or directly or indirectly voluntarily prepay, defease or in substance defease, purchase, redeem, retire or otherwise acquire, any Subordinated Indebtedness.