Prepayments of Certain Indebtedness. The Borrower shall not, 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 the Obligations.
Prepayments of Certain Indebtedness. No Credit Party shall, nor shall it permit any of its Affiliates to, directly or indirectly, purchase, redeem, defease or prepay any principal of, premium, if any, interest or other amount payable in respect of any Indebtedness of any Credit Party or any of its Subsidiaries prior to its scheduled maturity, other than (i) the Obligations, and (ii) Indebtedness secured by a Permitted Lien if the asset securing such Indebtedness has been sold or otherwise disposed of in accordance with Section 6.9.
Prepayments of Certain Indebtedness. No Loan Party shall, directly or indirectly, voluntarily purchase, redeem, defease or prepay any principal of, premium, interest or other amount payable in respect of any Indebtedness prior to its scheduled maturity, other than prepayments and repayments of Permitted Indebtedness.
Prepayments of Certain Indebtedness. No Loan Party shall, nor shall it permit any of its Affiliates to, directly or indirectly, 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) the payment of interest accrued on Borrower’s obligations under the Softbank Loan Agreement to the extent permitted the Subordination Agreement provided at the time of such payment both before and after giving effect to such payment no Default or Event of Default shall exist or be caused by such payment, (iii) Permitted Intercompany Investments to the extent permitted by the Intercompany Subordination Agreement; (iv) Indebtedness secured by a Permitted Lien that is senior to the Obligations if the asset securing such Indebtedness has been sold or otherwise disposed of in accordance with Section 7.01, Section 7.03 or Section 7.05; (v) the prepayment, purchase, redemption, defeasance or other acquisition or retirement of the Convertible Notes, provided that any such prepayment, purchase, redemption, defeasance or other acquisition or retirement complies with the terms hereof and the Pari Passu Intercreditor Agreement and no Default pursuant to Section 7.16 or Event of Default exists as a result of the occurrence of such transaction; and (vi) the prepayment of Indebtedness owed to a Loan Party by another Loan Party in connection with the Divestiture Transaction.
Prepayments of Certain Indebtedness. No Credit 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 that is purported to be subordinated to all or part of the Obligations.
Prepayments of Certain Indebtedness. Modifications of Certain Indebtedness; Payments of Interest on Convertible Notes and Indebtedness 78 Section 7.10. Negative Pledge 79 Section 7.11. Amendments to Certain Documents 79 Section 7.12. Sale Leasebacks 79 Section 7.13. [Reserved] 79 Section 7.14. Accounting Changes 79 Section 7.15. OFAC 79 Article VIII Events of Default and Remedies 80 Section 8.01. Events of Default 80 Section 8.02. Remedies Upon Event of Default 83 Section 8.03. Application of Funds 83 Article IX Administrative Agent and Other Agents 84 Section 9.01. Appointment and Authorization of Agents 84 Section 9.02. Delegation of Duties 85 Section 9.03. Liability of Agents 86 Section 9.04. Reliance by Agents 86 Section 9.05. Notice of Default 87 Section 9.06. Credit Decision; Disclosure of Information by Agents 87 Section 9.07. Indemnification of Agents 87 Section 9.08. Agents in their Individual Capacities 88 Section 9.09. Successor Agents 88 Section 9.10. Administrative Agent May File Proofs of Claim 89 Section 9.11. Release of Collateral and Guaranty 90 Article X Miscellaneous 91 Section 10.01. Amendments, Etc. 91 Section 10.02. Notices and Other Communications 92 Section 10.03. No Waiver; Cumulative Remedies 94 Section 10.04. Costs and Expenses 94 Section 10.05. Indemnification by Borrower 95 Section 10.06. Payments Set Aside 96 Section 10.07. Successors and Assigns 96 Section 10.08. Confidentiality 100 Section 10.09. Setoff 100 Section 10.10. Counterparts 101 Section 10.11. Integration 101 Section 10.12. Survival of Representations and Warranties 101 Section 10.13. Severability 101 Section 10.14. GOVERNING LAW 101 Section 10.15. WAIVER OF RIGHT TO TRIAL BY JURY 102 Section 10.16. Binding Effect 102 Section 10.17. Lender Action 102 Section 10.18. PATRIOT Act 102 Section 10.19. No Advisory or Fiduciary Responsibility 103 Section 10.20. No Novation 103 Section 10.21. OID Legend 103 Schedules Schedule 1 — Guarantors Schedule 2.01(a) — Commitments Schedule 5.02 — Authorizations; No Contravention Schedule 5.03 — Governmental Authorization; Other Consents Schedule 5.07(b) — Real Property Schedule 5.08 — Collateral Filings and Perfection Matters Schedule 5.10 — Taxes Schedule 5.14 — Subsidiaries and Other Equity Investments Schedule 5.17 — Intellectual Property Schedule 5.19 — Material Agreements Schedule 7.01(b) — Existing Liens Schedule 7.02(e) — Existing Investments Schedule 7.03(b) — Surviving Indebtedness Schedule 7.12 — Existing Sale Leasebacks Schedule 10.02 — Administrative Agent’s...
Prepayments of Certain Indebtedness. No Note Party shall, nor shall it permit any of its Affiliates to, directly or indirectly, purchase, redeem, defease or prepay any principal of, premium, if any, interest or other amount payable in respect of any Indebtedness of any Note Party or any of its Subsidiaries 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 in accordance with Section 6.9, (iii) the prepayment of Indebtedness owed by a Managed Company to any Note Party pursuant to the terms of the Managed Company Documents and (iv) on or prior to the Initial Note Date, the payment of the obligations under the Goldman NPA and the documents related thereto including the notes issued thereunder. Without limiting the generality of the foregoing, no redemption of the Series A Preferred Stock shall be permitted until all the Obligations are Paid in Full in cash, provided that, the foregoing prohibition shall not prevent the holders of the Series A Preferred Stock from converting shares of Series A Preferred Stock into common stock of Company in accordance with the terms of the Series A Preferred Stock.
Prepayments of Certain Indebtedness. 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 (a) the Obligations, (b) to the extent constituting Indebtedness, amounts prepayable under the RPI Preferred Equity, (c) Indebtedness secured by a Permitted Lien if the asset securing such Indebtedness has been sold or otherwise disposed of in accordance with Section 6.9(b), (d) converting (or exchanging) any Indebtedness to (or for) Qualified Capital Stock of the Company, (e) Indebtedness permitted by clauses (c), (d), (e), (h), (j), (l), (n), (q) and (r) of the definition of Permitted Indebtedness, or (f) solely with the proceeds of any Permitted Refinancing of such specific Indebtedness being prepaid as permitted hereunder. Notwithstanding the foregoing, and for the avoidance of doubt, this Section 6.17 shall not prohibit the conversion by holders of (excluding any cash payment upon conversion), or required payment of any interest with respect to, any Permitted Convertible Indebtedness, in each case, in accordance with the terms of the indenture governing such Permitted Convertible Indebtedness. Notwithstanding the foregoing, the Company may repurchase, exchange or induce the conversion of Permitted Convertible Indebtedness by delivery of shares of the Company’s Common Stock and/or other Qualified Capital Stock and/or a different series of Permitted Convertible Indebtedness (which series matures no earlier than, and does not require any scheduled amortization or other scheduled payments of principal prior to, the analogous date under the indenture governing the Permitted Convertible Debt that are so repurchased, exchanged or converted) (any such series of Permitted Convertible Indebtedness, “Refinancing Convertible Indebtedness”) and/or by payment of cash (x) in lieu of any fractional shares, (y) in respect of accrued and unpaid interest of such Permitted Convertible Indebtedness and (z) additional cash in an amount that does not exceed the proceeds received by the Company from the substantially concurrent issuance of shares of the Company’s Common Stock and/or a Refinancing Convertible Indebtedness. - 100 - US-DOCS\116826573.25 cp. Anti-Terrorism Laws . None of the Loan Parties, nor any of their Affiliates or agents shall:
Prepayments of Certain Indebtedness. The Borrower shall not, nor shall it permit any Restricted Subsidiary to, directly or indirectly, prepay, redeem, purchase, defease or otherwise satisfy prior to the scheduled maturity thereof in any manner, or make any payment in violation of any subordination terms of, any portion of, except to the extent provided in Section 7.06(e), any Convertible Subordinated Notes or other Indebtedness that is subordinated to the Obligations, unless no Default or Event of Default has occurred and is continuing or would result therefrom.
Prepayments of Certain Indebtedness. Except as expressly permitted under Section 6.4, no Credit 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) the Subordinated Indebtedness, (iii) so long as AMC and its affiliates hold 100% of the Term Loans, Indebtedness secured by a Permitted Lien if the asset securing such Indebtedness has been sold or otherwise disposed of in accordance with Section 4.1 of the Investment Agreement, otherwise in accordance with Section 6.8 of this Agreement and (iv) on a pro forma basis after giving effect to such payments, Parent Borrower may make such payments in Cash on the Closing Date as are necessary to repay the Existing Indebtedness in full.
