Prepayments of Certain Indebtedness; Modifications of Certain Indebtedness Sample Clauses

Prepayments of Certain Indebtedness; Modifications of Certain Indebtedness. Payments of Interest on Convertible Notes and Indebtedness 68 Section 7.10. Negative Pledge 68 Section 7.11. Amendments to Organization Documents 69 Section 7.12. Sale Leasebacks 69 Section 7.13. [Reserved] 69 Section 7.14. Accounting Changes 69 Section 7.15. OFAC 69 Article VIII Events of Default and Remedies 70 Section 8.01. Events of Default 70 Section 8.02. Remedies Upon Event of Default 72 Section 8.03. Application of Funds 73 Article IX Administrative Agent and Other Agents 74 Section 9.01. Appointment and Authorization of Agents 74 Section 9.02. Delegation of Duties 75 Section 9.03. Liability of Agents 75 Section 9.04. Reliance by Agents 76 Section 9.05. Notice of Default 76 Section 9.06. Credit Decision; Disclosure of Information by Agents 77 Section 9.07. Indemnification of Agents 77 Section 9.08. Agents in their Individual Capacities 78 Section 9.09. Successor Agents 78 Section 9.10. Administrative Agent May File Proofs of Claim 79 Section 9.11. Release of Collateral and Guaranty 80 Article X Miscellaneous 81 Section 10.01. Amendments, Etc. 81 Section 10.02. Notices and Other Communications 82 Section 10.03. No Waiver; Cumulative Remedies 84 Section 10.04. Costs and Expenses 84 Section 10.05. Indemnification by Borrower 85 Section 10.06. Payments Set Aside 86 Section 10.07. Successors and Assigns 86 Section 10.08. Confidentiality 90 Section 10.09. Setoff 90 Section 10.11. Integration 91 Section 10.12. Survival of Representations and Warranties 91 Section 10.13. Severability 91 Section 10.14. Governing Law 92 Section 10.15. Waiver of Right To Trial By Jury 92 Section 10.16. Binding Effect 92 Section 10.17. Lender Action 92 Section 10.18. PATRIOT Act 93 Section 10.19. No Advisory or Fiduciary Responsibility 93 Section 10.20. No Novation 93 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 Office, Certain Addresses for Notices Exhibits Exhibit A — Form of Prepayment Notice Exhibit B — Form of Note Exhibit...
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Prepayments of Certain Indebtedness; Modifications of Certain Indebtedness. Payments of Interest on Convertible Notes and Indebtedness 70 Section 7.10. Negative Pledge 70 Section 7.11. Amendments to Organization Documents 70 Section 7.12. Sale Leasebacks 71 Section 7.13. [Reserved] 71 Section 7.14. Accounting Changes 71 Section 7.15. OFAC 71 Article VIII Events of Default and Remedies 71 Section 8.01. Events of Default 71 Section 8.02. Remedies Upon Event of Default 74 Section 8.03. Application of Funds 75 Article IX Administrative Agent and Other Agents 75 Section 9.01. Appointment and Authorization of Agents 75 Section 9.02. Delegation of Duties 77 Section 9.03. Liability of Agents 77 Section 9.04. Reliance by Agents 77 Section 9.05. Notice of Default 78 Section 9.06. Credit Decision; Disclosure of Information by Agents 78 Section 9.07. Indemnification of Agents 79 Section 9.08. Agents in their Individual Capacities 79 Section 9.09. Successor Agents 80 Section 9.10. Administrative Agent May File Proofs of Claim 80 Section 9.11. Release of Collateral and Guaranty 81 Article X Miscellaneous 82
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Related to Prepayments of Certain Indebtedness; Modifications of Certain Indebtedness

  • 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.

  • Subordination of Certain Indebtedness Cause any indebtedness of Borrower for borrowed money to any shareholder, director, officer or Affiliate of Borrower, which indebtedness has a term of more than 1 year or is in excess of $25,000, to be subordinated to the Obligations by the execution and delivery to Lender of a Subordination of Debt Agreement, on the form prescribed by Lender, certified by the corporate secretary of Borrower to be true and complete and in full force and effect.

  • Certain Indebtedness There is no Indebtedness of Borrower owing to any employee, officer, stockholder or director of the board of Borrower other than accrued salaries, commissions and the like and any Indebtedness subordinated to the Obligations pursuant hereto.

  • Prepayments of Indebtedness Prepay, redeem, purchase, defease or otherwise satisfy prior to the scheduled maturity thereof in any manner any Permitted Indebtedness (other than the Obligations or Indebtedness between Loan Parties), or make any payment in violation of any subordination terms of any Subordinated Indebtedness, except (a) as long as no Event of Default then exists or would arise therefrom, regularly scheduled or mandatory repayments, repurchases, redemptions, defeasances or other satisfaction of Permitted Indebtedness (other than Subordinated Indebtedness), (b) as long as no Event of Default has occurred and is continuing, voluntary prepayments, redemptions, repurchases, defeasances or other satisfaction of Permitted Indebtedness (but excluding any payment in violation of the subordination terms of any Subordinated Indebtedness) (i) in an amount less than $6,000,000 in the aggregate during the Availability Period as long as the Availability Condition is satisfied, or (ii) constituting intercompany Indebtedness owing by a Loan Party to any Subsidiary that is not a Loan Party so long as an amount equal to such amount prepaid, redeemed, purchased or otherwise satisfied is transferred to a Loan Party substantially concurrently with such prepayment, redemption, purchase or other satisfaction, (c) as long as no Event of Default then exists, repayments and prepayments of Subordinated Indebtedness in accordance with the subordination terms thereof, (d) voluntary prepayments, repurchases, redemptions, defeasances or other satisfaction of Permitted Indebtedness (but excluding on account of any Subordinated Indebtedness) as long as the Payment Conditions are satisfied, and (e) any Permitted Amendment/Refinancings of such Indebtedness.

  • Optional Payments and Modifications of Certain Debt Instruments (a) (i) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to any Junior Financing except as permitted by Section 8.6(f), (ii) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of any Junior Financing (other than any amendment that is not materially adverse to the Lenders and in any event any such amendment, modification, waiver or other change that (x) in the case of any Junior Indebtedness (other than Second Lien Indebtedness), (A) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon and (B) does not involve the payment of a consent fee and (y) in the case of any Second Lien Indebtedness, is permitted pursuant to the applicable intercreditor agreement), (iii) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of any Qualified Capital Stock that would cause such Qualified Capital Stock to become Disqualified Capital Stock; or (iv) designate any Indebtedness (other than obligations of the Loan Parties pursuant to the Loan Documents and Second Lien Indebtedness and in each case any Permitted Refinancing thereof) as “senior debt,” “senior indebtedness,” “designated senior debt,” “guarantor senior debt” or “senior secured financing” (or any comparable term) for the purposes of any Junior Financing Documentation.

  • Limitations on Issuances of Guarantees of Indebtedness The Company shall not permit any of its Restricted Subsidiaries, directly or indirectly, to Guarantee any other Indebtedness of the Company except in respect of the Credit Facilities of the Company (the “Guaranteed Indebtedness”) unless:

  • Prepayments, Etc. of Indebtedness (a) None of the Covenant Parties shall, nor shall they permit any of their Restricted Subsidiaries to, directly or indirectly, prepay, redeem, purchase, defease or otherwise satisfy prior to the scheduled maturity thereof in any manner (it being understood that payments of regularly scheduled interest shall be permitted) the Senior Subordinated Debt, any subordinated Indebtedness incurred under Section 7.03(g) or any other Indebtedness that is required to be subordinated to the Obligations pursuant to the terms of the Loan Documents, but excluding any Existing Indebtedness or Outstanding Indebtedness (collectively, “Junior Financing”) or make any payment in violation of any subordination terms of any Junior Financing Documentation, except (i) the refinancing thereof with the Net Proceeds of any Indebtedness (to the extent such Indebtedness constitutes a Permitted Refinancing and, if such Indebtedness was originally incurred under Section 7.03(g), is permitted pursuant to Section 7.03(g)), to the extent not required to prepay any Loans pursuant to Section 2.05(b), (ii) the conversion of any Junior Financing to Equity Interests (other than Disqualified Equity Interests) of the Company or any of its direct or indirect parents, (iii) the prepayment of Indebtedness of any Covenant Party or any Restricted Subsidiary of a Covenant Party to the extent permitted by the Collateral Documents, (iv) any payments in respect of Senior Subordinated Debt constituting bridge loans with the proceeds of any other Junior Financing and (v) prepayments, redemptions, purchases, defeasances and other payments in respect of Junior Financings prior to their scheduled maturity in an aggregate amount not to exceed $250,000,000 plus, if the Total Leverage Ratio calculated on a Pro Forma Basis is less than or equal to 7.00 to 1.00, the portion, if any, of the Cumulative Credit on such date that Xxxxxxx elects to apply to this paragraph, such election to be specified in a written notice of a Responsible Officer of Xxxxxxx calculating in reasonable detail the amount of Cumulative Credit immediately prior to such election and the amount thereof elected to be so applied.

  • RELEASE FROM GUARANTEES; REPAYMENT OF CERTAIN OBLIGATIONS TCI shall use reasonable efforts, including offering its own guarantee, to have the Stockholders released from any and all guarantees of the Company's indebtedness identified on Schedule 10.1. In the event that TCI cannot obtain such releases from the lenders of any such guaranteed indebtedness identified on Schedule 10.1 on or prior to 60 days subsequent to the Funding and Consummation Date, TCI shall promptly pay off or otherwise refinance or retire such indebtedness. TCI shall indemnify the Stockholders against, and shall promptly reimburse the Stockholders for, any amounts which the Stockholders are obligated to pay under any such guarantees listed on Schedule 10.1, and shall be subrogated to any rights of the Stockholders accruing as a result of any such payments by the Stockholders.

  • Acceleration of Other Indebtedness Any breach, default or event of default shall occur and be continuing, or any other condition shall exist under any instrument, agreement or indenture pertaining to any recourse Indebtedness (other than the Obligations) of the Company, the Borrower or their Subsidiaries aggregating more than $10,000,000, and the effect thereof is to cause an acceleration, mandatory redemption or other required repurchase of such Indebtedness, or permit the holder(s) of such Indebtedness to accelerate the maturity of any such Indebtedness or require a redemption or other repurchase of such Indebtedness; or any such Indebtedness shall be otherwise declared to be due and payable (by acceleration or otherwise) or required to be prepaid, redeemed or otherwise repurchased by the Borrower or any of its Subsidiaries (other than by a regularly scheduled required prepayment) prior to the stated maturity thereof; or any such Indebtedness shall not be repaid at maturity (after taking into account grace and cure periods).

  • Prepayments of Indebtedness, etc If any Default or Event of Default exists, the Credit Parties will not permit any Consolidated Party to (a) after the issuance thereof, amend or modify (or permit the amendment or modification of) any of the terms of any Indebtedness if such amendment or modification would add or change any terms in a manner adverse to the issuer of such Indebtedness, 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 or change any subordination provision thereof, or (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 other Indebtedness.

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