Common use of Prohibition of Indebtedness Clause in Contracts

Prohibition of Indebtedness. Without the prior written consent of the Lender, none of the Borrowers shall create, incur, guarantee, endorse (except endorsements in the course of collection), assume or suffer to exist any indebtedness, except (i) indebtedness to the Lender, (ii) open account trade debt incurred in the ordinary course of business and not past due, (iii) indebtedness of a Borrower existing on the Closing Date that has been disclosed by such Borrower to the Lender and is secured by assets or properties of such Borrower other than the Collateral, or (iv) indebtedness of a Borrower incurred after the Closing Date that is disclosed by such Borrower to the Lender at least ten (10) Business Days prior to the date of incurrence of such indebtedness and is secured by assets or properties other than the Collateral.

Appears in 3 contracts

Samples: Loan and Security Agreement (Avalon Holdings Corp), Loan and Security Agreement (Avalon Holdings Corp), Loan and Security Agreement (Avalon Holdings Corp)

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Prohibition of Indebtedness. Without the prior written consent of the Lender, none of the Borrowers shall create, incur, guarantee, endorse (except endorsements in the course of collection), assume or suffer to exist any indebtedness, except (i) indebtedness to the Lender, (ii) open account trade debt incurred in the ordinary course of business and not past due, (iii) indebtedness of a Borrower existing on the Closing Date that has been disclosed by such Borrower to the Lender and is secured by assets or properties of such Borrower other than the CollateralCollateral owned by such Borrower, or (iv) indebtedness of a Borrower incurred after the Closing Date that is disclosed by such Borrower to the Lender at least ten (10) Business Days prior to the date of incurrence of such indebtedness and is secured by assets or properties of such Borrower other than the CollateralCollateral owned by such Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Avalon Holdings Corp)

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