Prepayments and Amendments. Except in connection with a refinancing permitted by Section 7.1(d), or a Restricted Payment or other payment permitted by Section 7.10, (a) optionally prepay, redeem, defease, purchase, or otherwise acquire any Indebtedness of Borrower, other than the Obligations in accordance with this Agreement, (b) make any payment on account of Indebtedness that has been contractually subordinated in right of payment if such payment is not permitted at such time under the subordination terms and conditions, or (c) directly or indirectly, amend, modify, alter, increase, or change any of the terms or conditions of any agreement, instrument, document, indenture, or other writing evidencing or concerning any Subordinated Debt or any Indebtedness permitted under Sections 7.1(c) or (d), except as permitted by Sections 7.1(d).
Appears in 4 contracts
Samples: Loan and Security Agreement (Horizon Technology Finance Corp), Loan and Security Agreement (Horizon Technology Finance Corp), Loan Agreement (Horizon Technology Finance Corp)
Prepayments and Amendments. Except in connection with a refinancing permitted by Section 7.1(d), or a Restricted Payment or other payment permitted by Section 7.10,6.1(e):
(a) optionally prepay, redeem, defease, purchase, or otherwise acquire any Indebtedness of any Borrower or a Subsidiary of a Borrower, other than the Obligations in accordance with this Agreement,
(b) make any payment on account of Indebtedness that has been contractually subordinated in right of payment if such payment is not permitted at such time under the subordination terms and conditions, or
(c) directly or indirectly, amend, modify, alter, increase, or change any of the terms or conditions of any agreement, instrument, document, indenture, or other writing evidencing or concerning any Subordinated Debt or any Indebtedness permitted under Sections 7.1(c) or (d), except as permitted by Sections 7.1(dSection 6.1(b).
Appears in 2 contracts
Samples: Credit Agreement (Emrise CORP), Credit Agreement (Silicon Graphics Inc)
Prepayments and Amendments. Except in connection with a refinancing permitted by Section 7.1(d7.1(e), or a Restricted Payment or other payment permitted by Section 7.10,
(a) optionally prepay, redeem, defease, purchase, or otherwise acquire any Indebtedness of BorrowerBorrower or its Subsidiaries, other than the Obligations in accordance with this Agreement,
(b) make any payment on account of Indebtedness that has been contractually subordinated in right of payment if such payment is not permitted at such time under the subordination terms and conditions, or
(c) directly or indirectly, amend, modify, alter, increase, or change any of the terms or conditions of any agreement, instrument, document, indenture, or other writing evidencing or concerning any Subordinated Debt or any Indebtedness permitted under Sections 7.1(c) , (d) or (de), except as permitted by Sections 7.1(d7.1(e).
Appears in 2 contracts
Samples: Loan and Security Agreement (Horizon Technology Finance Corp), Loan and Security Agreement (Hercules Technology Growth Capital Inc)
Prepayments and Amendments. Except in connection with a refinancing Refinancing Indebtedness permitted by Section 7.1(d), or a Restricted Payment or other payment permitted by Section 7.106.1,
(a) optionally prepay, redeem, defease, purchase, or otherwise acquire any Indebtedness of BorrowerBorrower or its Subsidiaries, other than payment of the Obligations in accordance with this Agreement,
(b) make any payment on account of Indebtedness that has been contractually subordinated in right of payment if such payment is not permitted at such time under the subordination terms and conditions, or
(c) directly or indirectly, amend, modify, alter, increase, or change any of the terms or conditions of any agreement, instrument, document, indenture, or other writing evidencing or concerning any Subordinated Debt or any Indebtedness permitted under Sections 7.1(cSection 6.1(b) or (d), except as permitted by Sections 7.1(dc).
Appears in 2 contracts
Samples: Credit Agreement (Servicesource International LLC), Credit Agreement (Servicesource International LLC)
Prepayments and Amendments. Except in connection with a refinancing permitted by Section 7.1(d7.1(e), or a Restricted Payment or other payment permitted by Section 7.10,
(a) optionally prepay, redeem, defease, purchase, or otherwise acquire any Indebtedness of BorrowerBorrower or its Subsidiaries, other than the Obligations in accordance with this Agreement,
(b) make any payment on account of Indebtedness that has been contractually subordinated in right of payment if such payment is not permitted at such time under the subordination terms and conditions, or
(c) directly or indirectly, amend, modify, alter, increase, or change any of the terms or conditions of any agreement, instrument, document, indenture, or other writing evidencing or concerning any Subordinated Debt or any Indebtedness permitted under Sections 7.1(c), (d) or (de), except as permitted by Sections 7.1(d7.1(e).
Appears in 1 contract
Samples: Loan and Security Agreement (Hercules Technology Growth Capital Inc)
Prepayments and Amendments. Except in connection with a refinancing Refinancing Indebtedness permitted by Section 7.1(d), or a Restricted Payment or other payment permitted by Section 7.106.1,
(a) optionally prepay, redeem, defease, purchase, or otherwise acquire any Indebtedness of any Borrower or any Subsidiary of a Borrower, other than the Obligations in accordance with this Agreement,
(b) make any payment on account of Indebtedness that has been contractually subordinated in right of payment if such payment is not permitted at such time under the subordination terms and conditions, or
(c) directly or indirectly, amend, modify, alter, increase, or change any of the terms or conditions of any agreement, instrument, document, indenture, or other writing evidencing or concerning any Subordinated Debt or any Indebtedness permitted under Sections 7.1(c) Section 6.1(b), (c), (f), or (d), except as permitted by Sections 7.1(dg).
Appears in 1 contract
Samples: Credit Agreement (Youbet Com Inc)
Prepayments and Amendments. Except in connection with a refinancing permitted by Section 7.1(d6.1(d), or a Restricted Payment or other payment permitted by Section 7.10,
(a) optionally prepay, redeem, defease, purchase, or otherwise acquire any Indebtedness of BorrowerBorrower or its Subsidiaries, other than the Obligations in accordance with this Agreement,
(b) make any payment on account of Indebtedness that has been contractually subordinated in right of payment if such payment is not permitted at such time under the subordination terms and conditions, or
(c) directly or indirectly, amend, modify, alter, increase, or change any of the terms or conditions of any agreement, instrument, document, indenture, or other writing evidencing or concerning any Subordinated Debt or any Indebtedness permitted under Sections 7.1(cSection 6.1(b) or (d), except as permitted by Sections 7.1(d6.1(c).
Appears in 1 contract
Samples: Credit Agreement (Lexar Media Inc)
Prepayments and Amendments. Except in connection with a refinancing Refinancing Indebtedness permitted by Section 7.1(d), or a Restricted Payment or other payment permitted by Section 7.106.1,
(a) optionally prepay, redeem, defease, purchase, or otherwise acquire any Indebtedness of any Borrower or any Subsidiary of a Borrower, other than the Obligations in accordance with this Agreement,
(b) make any payment on account of Indebtedness that has been contractually subordinated in right of payment if such payment is not permitted at such time under the subordination terms and conditions, or
(c) directly or indirectly, amend, modify, alter, increase, or change any of the terms or conditions of any agreement, instrument, document, indenture, or other writing evidencing or concerning any Subordinated Debt or any Indebtedness permitted under Sections 7.1(cSection 6.1(b) or (d), except as permitted by Sections 7.1(dc).
Appears in 1 contract
Prepayments and Amendments. Except in connection with a refinancing permitted by Section 7.1(d6.1(d), or a Restricted Payment or other payment permitted by Section 7.10,
(a) optionally prepay, redeem, defease, purchase, or otherwise acquire any Indebtedness of BorrowerBorrower or its Subsidiaries, other than the Obligations in accordance with this Agreement,
(b) make any payment on account of Indebtedness that has been contractually subordinated in right of payment to the Obligations if such payment is not permitted at such time under the subordination terms and conditionsagreement applicable to such Indebtedness, or
(c) directly or indirectly, amend, modify, alter, increase, or change any of the terms or conditions of any agreement, instrument, document, indenture, or other writing evidencing or concerning any Subordinated Debt or any Indebtedness permitted under Sections 7.1(cSection 6.1(b) or (d), except c) (other than as permitted by Sections 7.1(dthereunder).
Appears in 1 contract
Prepayments and Amendments. Except in connection with a refinancing permitted by Section 7.1(d7.1(e), or a Restricted Payment or other payment permitted by Section 7.10,
(a) optionally prepay, redeem, defease, purchase, or otherwise acquire any Indebtedness of BorrowerBorrower or its Subsidiaries, other than the Obligations in accordance with this Agreement,
(b) make any payment on account of Indebtedness that has been contractually subordinated in right of payment if such payment is not permitted at such time under the subordination terms and conditions, or
(c) directly or indirectly, amend, modify, alter, increase, or change any of the terms or conditions of (i) any agreement, instrument, document, indenture, or other writing evidencing or concerning any Subordinated Debt or any Indebtedness permitted under Sections 7.1(c), (d) or (de), except as permitted by Sections 7.1(d7.1(e), or (ii) any Intercreditor Agreement without the prior, written consent of Agent.
Appears in 1 contract
Samples: Loan and Security Agreement (Hercules Capital, Inc.)
Prepayments and Amendments. Except in connection with a refinancing permitted by Section 7.1(d6.1(d), or a Restricted Payment or other payment permitted by Section 7.10,
(a) optionally prepay, redeem, defease, purchase, or otherwise acquire any Indebtedness of any Borrower or any Significant Subsidiary of a Borrower, other than the Obligations in accordance with this Agreement,
(b) make any payment on account of Indebtedness that has been contractually subordinated in right of payment if such payment is not permitted at such time under the subordination terms and conditions, or
(c) directly or indirectly, amend, modify, alter, increase, or change any of the terms or conditions of any agreement, instrument, document, indenture, or other writing evidencing or concerning any Subordinated Debt or any Indebtedness permitted under Sections 7.1(c) or (d), except as permitted by Sections 7.1(dSection 6.1(b).
Appears in 1 contract
Prepayments and Amendments. (a) Except in connection with a refinancing permitted by Section 7.1(d), or a Restricted Payment or other payment permitted by Section 7.10,
(a) optionally prepay, redeem, defease, purchase, or otherwise acquire any Indebtedness of Borrowerany Borrower or any Guarantor, other than (i) the Obligations in accordance with this Agreement,Agreement and (ii) Indebtedness owing by Borrowers under the Tranche B Indenture Document to the extent paid with proceeds from Indebtedness incurred by the Parent under the 2007 Indenture Documents; and
(b) make any payment on account of Indebtedness that has been contractually subordinated Except in right of payment if such payment is not connection with a refinancing permitted at such time under the subordination terms and conditionsby Section 7.1(d), or
(c) directly or indirectly, amend, modify, alter, increase, or change any of the terms or conditions of any agreement, instrument, document, indenture, or other writing evidencing or concerning any Subordinated Debt or any Indebtedness permitted under Sections 7.1(c) 7.1(b), (c), (e), or (d), except as permitted by Sections 7.1(df).β
Appears in 1 contract
Samples: Loan and Security Agreement (Pioneer Companies Inc)
Prepayments and Amendments. Except in connection with a refinancing Refinancing Indebtedness permitted by Section 7.1(d), or a Restricted Payment or other payment permitted by Section 7.106.1,
(a) optionally prepay, redeem, defease, purchase, or otherwise acquire any Indebtedness of BorrowerBorrower or its Subsidiaries, other than payment of the Obligations in accordance with this Agreement and payment of intercompany loans (but subject to the terms of the Intercompany Subordination Agreement),
(b) make any payment on account of Indebtedness that has been contractually subordinated in right of payment if such payment is not permitted at such time under the subordination terms and conditions, or
(c) directly or indirectly, amend, modify, alter, increase, or change any of the terms or conditions of any agreement, instrument, document, indenture, or other writing evidencing or concerning any Subordinated Debt or any Indebtedness permitted under Sections 7.1(cSection 6.1(b) or (d), except as permitted by Sections 7.1(dc).
Appears in 1 contract