Prepayment of Subordinated Indebtedness. The Borrower shall not, and shall not permit any of the Restricted Subsidiaries to, (a) purchase, redeem, retire or otherwise acquire for value, or set apart any money for a sinking, defeasance or other analogous fund for the purchase, redemption, retirement or other acquisition of, or make any payment or prepayment of the principal of or interest on, or any other amount owing in respect of, any Indebtedness that is subordinated to the Obligations, except for regularly scheduled payments of interest in respect of such Indebtedness required pursuant to the instruments evidencing such Indebtedness that are not made in contravention of the terms and conditions of subordination set forth on Schedule 7.10 or (b) directly or indirectly, make any payment in respect of, or set apart any money for a sinking, defeasance or other analogous fund on account of, Guarantees subordinated to the Obligations. The foregoing provisions will not prohibit the defeasance, redemption or repurchase of subordinated Indebtedness with the proceeds of Permitted Refinancing Indebtedness.
Prepayment of Subordinated Indebtedness. (a) Make any payment or prepayment of principal of, or premium or interest on, any Subordinated Liabilities, other than as permitted under any Subordination Agreement;
(b) amend any Subordinated Debt document without the prior written consent of Lender;
(c) redeem, retire, purchase, defease or otherwise acquire any Subordinated Liabilities except as permitted under a Subordination Agreement; or
(d) make any deposit (including the payment of amounts into a sinking fund or other similar fund) for any of the foregoing purposes.
Prepayment of Subordinated Indebtedness. Directly or indirectly make a voluntary prepayment, redemption, repurchase, or otherwise retire, any Subordinated Indebtedness.
Prepayment of Subordinated Indebtedness. (a) Amend or modify any of the terms of the Convertible Subordinated Debentures or any Subordinated Indebtedness if such amendment or modification would add or change any terms in a manner materially adverse to the Borrower or any Subsidiary or the Lenders, or shorten the final maturity or average life to maturity or require any payment to be made sooner than originally scheduled or increase the interest rate applicable thereto.
(b) 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 Convertible Subordinated Debentures or any Subordinated Indebtedness (other than any conversion of such Indebtedness into common stock of the Borrower or other equity interests subordinated to the Obligations to at least the same extent as, or to a greater extent than, such Indebtedness); provided that (i) so long as no Default or Event of Default has occurred and is continuing, the Convertible Subordinated Debentures may be refinanced with Subordinated Indebtedness.
Prepayment of Subordinated Indebtedness. Borrower shall not (and shall not permit any Subsidiary of Borrower) to pre-pay, redeem or defease all or any portion of the Subordinated Notes or any of the Subordinated Indebtedness without the prior written consent of Bank, which consent may be withheld in Bank’s reasonable discretion; provided, however, as long as no Event of Default has occurred, Borrower may make mandatory redemptions or offers to purchase required by the Indenture without the prior written consent of Bank.
Prepayment of Subordinated Indebtedness. At any time, directly or indirectly, prepay any Subordinated Indebtedness, or repurchase, redeem, retire or otherwise acquire any Subordinated Indebtedness, or make any payment in respect of clause (c) of the definition of Permitted Indebtedness (other than payments of interest to the extent paid in kind through the addition to the principal amount thereof), except (i) the conversion or exchange of any Subordinated Indebtedness to Equity Interests (other than Disqualified Equity Interests) of Parent Guarantor or any of its direct or indirect Parents, (ii) the prepayment of Indebtedness by any Loan Party to any other Loan Party, and (iii) prepayments, redemptions, purchases, defeasances and other payments in respect of Subordinated Indebtedness (including cash or non-cash payments in respect of clause (c) of the definition of Permitted Indebtedness) prior to their scheduled maturity in an aggregate amount not to exceed $5,000,000 plus the Cumulative Credit at such time; provided that with respect to this subclause (iii), (A) no Event of Default has occurred and is continuing or would result therefrom, (B) the Borrowers shall be in pro forma compliance with Section 8.05 (whether or not in effect) measured as of the end of the applicable Pro Forma Testing Period and calculated on a pro forma basis assuming that such redemption, purchase, defeasance or other payment had occurred on the first day of such Pro Forma Testing Period, (C) the Borrowers shall have a pro forma Leverage Ratio of not greater than 3.50 to 1.00, measured as of the end of the applicable Pro Forma Testing Period and calculated on a pro forma basis assuming that such redemption, purchase, defeasance or other payment had occurred on the first day of such Pro Forma Testing Period, and (D) satisfaction of the foregoing clauses (A), (B) and (C) shall have been certified by a Chief Financial Officer of the Borrowers (which certification shall include calculations demonstrating such satisfaction in reasonable detail).
Prepayment of Subordinated Indebtedness. (a) Amend or modify any of the terms of the Convertible Subordinated Debentures if such amendment or modification would add or change any terms in a manner adverse to the Borrower or any Subsidiary or the Lenders, or shorten the final maturity or average life to maturity or require any payment to be made sooner than originally scheduled or increase the interest rate applicable thereto.
(b) 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 the Indebtedness under the Convertible Subordinated Debentures (other than any conversion of such Indebtedness into common stock of the Borrower or other equity interests subordinated to the Obligations to at least the same extent as, or to a greater extent than, such Indebtedness).
(w) Section 9.01(m) is hereby amended to read as follows:
Prepayment of Subordinated Indebtedness. Neither the Company nor --------------------------------------- any Restricted Subsidiary shall make any prepayments of Subordinated Indebtedness permitted under Section 5.03(a)(vi), except using the proceeds of other Subordinated Indebtedness allowed under such Section 5.03(a)(vi) which is issued or incurred at substantially the same time as such prepayment but only if no Event of Default has occurred which is continuing hereunder.
Prepayment of Subordinated Indebtedness. Borrower shall not make any payment, including any voluntary prepayment on Indebtedness owing to InterMix Media, Inc., other than (i) regularly scheduled payments of interest, (ii) payments of principal on the scheduled maturity of such Indebtedness, and (iii) mandatory prepayments required to be made upon receipt by Borrower of certain proceeds, pursuant to Section 2 of that certain Promissory Note Due February 11, 2008, dated February 11, 2005, issued by Borrower in favor of InterMix Media, Inc.; provided that Borrower shall not make mandatory prepayments from the proceeds of sales of any Collateral.
Prepayment of Subordinated Indebtedness. Prepay any of its Subordinated Indebtedness, exercise any option or right of redemption of any Subordinated Indebtedness, modify or enter into any agreement as a result of which the terms of payment thereof or of any Indebtedness to Persons other than the Banks which is otherwise permitted under Section 8.01 are waived and modified or pay, redeem or repurchase any Subordinated Indebtedness contrary to the original terms of such Subordinated Indebtedness.
