Repayment of Other Debt Sample Clauses

Repayment of Other Debt. Concurrently with, the making of Tranche B Loans hereunder, any Debt required to be paid pursuant to the terms and conditions of the Target Purchase Agreement shall be paid in full or arrangements, reasonably acceptable to the Requisite Lenders and the Requisite Tranche B Lenders, for the repayment of such Debt on the date of the Target Acquisition shall have been made.
Sample 1Sample 2
AutoNDA by SimpleDocs
Repayment of Other Debt. (a) QSRD and the Borrower shall not, and shall not permit any Subsidiary to, amend, supplement or modify any Senior Note Document or repay the principal of, or make any other payment in relation to, the Senior Notes; provided, so long as no Borrowing Base deficiency then exists under Section 2.07(c) or would result therefrom, and no Default or Event of Default has occurred and is continuing or would result therefrom, the foregoing shall not prohibit (i) the payment of interest on the Senior Notes, (ii) the repayment of the Senior Notes with the proceeds of any refinancing thereof (provided that such refinancing Debt is on terms substantially similar to the Senior Notes), (iii) modifications or amendments to the Senior Notes or the Senior Note Documents if the effect thereof could not be expected to have a Material Adverse Effect and otherwise do not involve the amendment or modification of provisions which would increase interest rates, principal or interest payment amounts, total principal amounts, or require payment of any such amounts at earlier times, or similar terms and provisions, and (iv) the consummation of the transactions permitted under the Side Letter. (b) QSRD and the Borrower shall not, and shall not permit any Subsidiary to, amend, supplement, or modify the DEM Subordinated Debt in any material respect; provided, however, that nothing contained herein shall prohibit the prepayment of the DEM Subordinated Debt prior to its scheduled maturity upon terms not more onerous that those contained in the agreements governing the DEM Subordinated Debt as in effect on the Closing Date.
Sample 1
Repayment of Other Debt. Prior to, or concurrently with, the making of the initial Advances hereunder, all outstanding obligations owing under the JPMorgan Credit Facility shall have been paid in full and Administrative Agent shall have received a “pay-off” letter (or such other evidence) in form and substance satisfactory to Administrative Agent with respect to all such Debt; and Administrative Agent shall have received from any Person holding any Lien securing any such Debt, such UCC (or equivalent) assignment or termination statements, mortgage assignments or releases, assignments or releases of assignments of leases and rents, and other instruments, in each case in proper form for recording or filing, as Administrative Agent shall have requested to evidence the assignment or, where applicable, the release and termination, of the Liens securing such Debt.
Sample 1
Repayment of Other Debt. Concurrently with the making of New Tranche B Loans hereunder, the Existing Tranche B Obligations (other than any unmatured indemnification obligations not yet due) shall be paid in full.
Sample 1
Repayment of Other Debt. 60 Section 9.23 Limitations on Capital Expenditures. . . . . . . . . . 61
Sample 1
Repayment of Other Debt. (a) QSRD and the Borrower shall not, and shall not permit any Subsidiary to, amend, supplement or modify any Bridge Loan Document or repay the principal of, or make any other payment in relation to, either Bridge Loan, except as contemplated by Sections 9.22(b) and (c); provided, so long as no Default or Event of Default has occurred and is continuing, the foregoing shall not prohibit the payment of interest on the Bridge Loans before and after extension of all or any portion of the Bridge Loans, the payment of the extension fees required under the Bridge Loan Documents or the repayment of the Bridge Loans with the proceeds of any refinancing thereof (provided that such refinancing Debt is subordinated on terms substantially similar to the Bridge Loans and the Agent has approved in writing the terms thereof). (b) QSRD and the Borrower agree to use the net cash proceeds of any Hi-Yield Offering to (i) eliminate a Borrowing Base deficiency which then exists under Section 2.07(c), if any, (ii) thereafter to repay in cash the Debt Bridge Loan to the extent of such net cash proceeds, and (iii) thereafter use any excess remaining to repay in cash the Equity Bridge Loans to the extent of such excess proceeds. (c) QSRD and the Borrower agree to use the net cash proceeds of any Equity Offering to (i) eliminate a Borrowing Base deficiency which then exists under Section 2.07(c), if any, (ii) thereafter to repay in cash the Equity Bridge Loan to the extent of such net cash proceeds, and (iii) thereafter use any excess remaining to repay in cash the Debt Bridge Loans to the extent of such excess proceeds. (d) QSRD and the Borrower shall not, and shall not permit any Subsidiary to, amend, supplement, modify or prepay the DEM Subordinated Debt in any material respect, except that all or any part of the DEM Subordinated Debt may be prepaid with any excess proceeds from any Hi-Yield Offering or Equity Offering so long as (i) the Percentage Usage is less than eighty (80%) prior and after giving effect to such payment and (ii) the Bridge Loans have been paid in full. (e) QSRD and the Borrower shall not, and shall not permit any Subsidiary to: (i) amend, supplement, modify, repay or prepay the ECT Subordinated Debt without the prior written consent
Sample 1
Repayment of Other Debt. Prior to, or concurrently with, the making of the First Advance hereunder, all outstanding obligations owing under the DIP Agreement shall have been paid in full and any other Debt required to be paid on the Closing Date pursuant to the terms and conditions of the Plan of Reorganization or Confirmation Order shall have been paid in full.
Sample 1
AutoNDA by SimpleDocs
Repayment of Other Debt. The Parent Company and the Borrower shall not, and shall not permit any Subsidiary to, amend, supplement or modify any Senior Note Document or repay the principal of, or make any other payment in relation to, the Senior Notes; provided, so long as no Borrowing Base deficiency then exists under Section 2.10 and no Default or Event of Default has occurred and is continuing, the foregoing shall not prohibit (i) the payment of interest on the Senior Notes, or (ii) the repayment of the Senior Notes with the proceeds of any refinancing thereof (provided that such refinancing Debt is on terms substantially similar to the Senior Notes).
Sample 1

Related to Repayment of Other Debt

  • Prepayment of Other Indebtedness, Etc The Credit Parties will not permit any Consolidated Party to (a) if any Default or Event of Default has occurred and is continuing or would be directly or indirectly caused as a result thereof, (i) amend or modify any of the terms of any Indebtedness of such Consolidated Party if such amendment or modification would add or change any terms in a manner adverse to such Consolidated Party, 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 (ii) except for the exchange of the Subordinated Notes for (A) the Subordinated Remarketed Notes or (B) notes with identical terms as the Subordinated Remarketed Notes registered pursuant to the registration rights agreement attached as an exhibit to the Subordinated Note Purchase Agreement, 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 of such Consolidated Party, (b) amend or modify any of the terms of any Subordinated Indebtedness if such amendment or modification would add or change any terms in a manner adverse to the Consolidated Parties, or shorten the final maturity or average life to maturity thereof or require any payment to be made sooner than originally scheduled or increase the interest rate applicable thereto or change any subordination provision thereof, (c) make interest payments (including payment of accrued interest and premium, if any, payable in connection with a redemption of any Subordinated Indebtedness permitted under this Section 8.8) or any other payments in respect of any Subordinated Indebtedness in violation of the subordination provisions of the documents evidencing or governing such Subordinated Indebtedness or (d) except for the exchange of the Subordinated Notes for (A) the Subordinated Remarketed Notes or (B) notes with identical terms as the Subordinated Remarketed Notes registered pursuant to the registration rights agreement attached as an exhibit to the Subordinated Note Purchase Agreement, make (or give any notice with respect thereto) any voluntary or optional payment or prepayment, redemption, acquisition for value or defeasance 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 Subordinated Indebtedness.

  • Non-Payment of Other Debt Any default shall occur under the terms applicable to any Debt of the Company or any Subsidiary in an aggregate amount (for all such Debt so affected) exceeding $10,000,000 and such default shall (a) consist of the failure to pay such Debt when due, whether by acceleration or otherwise, or (b) accelerate the maturity of such Debt or permit the holder or holders thereof, or any trustee or agent for such holder or holders, to cause such Debt to become due and payable (or require the Company or any Subsidiary to purchase or redeem such Debt) prior to its expressed maturity.

  • Prepayments of Other Indebtedness Modifications of Organizational Documents; Material Indebtedness and Other Documents, etc.; Limitation on Overadvances 70 SECTION 6.12 Limitation on Certain Restrictions on Subsidiaries 70 SECTION 6.13 Limitation on Issuance of Capital Stock 71 SECTION 6.14 Limitation on Creation of Subsidiaries 71 SECTION 6.15 Business 71 SECTION 6.16 Fiscal Year 72 SECTION 6.17 No Further Negative Pledge 72 SECTION 6.18 Anti-Terrorism Law; Anti-Money Laundering 72 SECTION 6.19 Limitation on Use of Stock Proceeds to Prepay Loans 72 SECTION 6.20 Availability Under First Lien Credit Agreement 72 SECTION 6.21 Swap Agreements 73 SECTION 6.22 LTB as Passive Holding Company 73 ARTICLE VII GUARANTEE SECTION 7.01 The Guarantee 73 SECTION 7.02 Obligations Unconditional 73 SECTION 7.03 Reinstatement 75 SECTION 7.04 Subrogation; Subordination 75 SECTION 7.05 Remedies 75 SECTION 7.06 Instrument for the Payment of Money 75 SECTION 7.07 Continuing Guarantee 75 SECTION 7.08 General Limitation on Guarantee Obligations 75 SECTION 7.09 Release of Subsidiary Guarantors 75 SECTION 7.10 Right of Contribution 76

  • Other Debt There is no indebtedness with respect to the Property or any excess cash flow or any residual interest therein, whether secured or unsecured, other than Permitted Encumbrances and Permitted Indebtedness.

  • Default as to Other Indebtedness The Borrower or any of its Subsidiaries shall fail to make any payment when due (whether by scheduled maturity, required prepayment, acceleration, demand or otherwise) with respect to any Indebtedness (other than Indebtedness hereunder, but including, without limitation, Disqualified Stock), beyond any period of grace provided with respect thereto, which individually or together with other such Indebtedness as to which any such failure exists has an aggregate outstanding principal amount in excess of $5,000,000; or any breach, default or event of default shall occur, or any other condition shall exist under any instrument, agreement or indenture pertaining to any such Indebtedness having such aggregate outstanding principal amount, beyond any period of grace, if any, provided with respect thereto, if the effect thereof is to cause an acceleration, mandatory redemption, a requirement that the Borrower offer to purchase such Indebtedness 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.

  • Prepayment of Debt Make any prepayment (whether optional or mandatory), repurchase, redemption, defeasance or any other payment in respect of any Subordinated Debt.

  • Repayment of Debt Upon the terms and subject to the conditions set forth herein, substantially concurrent with the execution and delivery of this Agreement by the parties hereto, the Company agrees to sell, and the Creditors, severally and not jointly, agree to cancel the Debt, up to an aggregate of $124,184.26 as the payment for the Shares at a price of $0.460829 per share. Each Creditor’s Debt Cancellation Amount as set forth on the signature page hereto executed by such Creditor shall be settled for “Delivery Versus Payment” with the Company. The Company shall deliver the Shares to the Creditors as the repayment of Debt within 30 days of this Agreement.

  • 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.

  • Prepayments of Indebtedness, etc No Credit Party will, nor will it permit any of its Subsidiaries to: (a) (i) amend or modify any of the terms of any Indebtedness of such Person (other than Indebtedness arising under the Credit Documents) if such amendment or modification would add or change any terms in a manner materially adverse to such Person or to the Lenders other than the Bond Conversion, or (ii) shorten the final maturity or average life to maturity thereof or require any payment thereon to be made sooner than originally scheduled or increase the interest rate or fees applicable thereto or change any subordination provision thereof, or (iii) make (or give any notice with respect thereto) any voluntary or optional payment or prepayment thereof, or (iv) make (or give any notice with respect thereto) any redemption or acquisition for value or defeasance (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 with respect thereto, other than prepayments made by a Credit Party in connection with any Asset Sale permitted under Section 8.4, in the amount necessary to prepay or retire any Indebtedness either secured by a Permitted Lien (ranking senior to any Lien of the Agent) on the related Property or incurred in connection with the acquisition of any Property that is disposed of in connection with such Asset Sale; or (b) make interest payments in respect of any Subordinated Indebtedness in violation of the applicable subordination provisions.

  • Repayment of Existing Indebtedness Evidence that the principal of and interest on, and all other amounts owing in respect of, the Indebtedness (including, without limitation, any contingent or other amounts payable in respect of letters of credit) indicated on SCHEDULE 8.12A hereto that is to be repaid on the Closing Date shall have been (or shall be simultaneously) paid in full, that any commitments to extend credit under the agreements or instruments relating to such Indebtedness shall have been canceled or terminated and that all Guarantees in respect of, and all Liens securing, any such Indebtedness shall have been released (or arrangements for such release satisfactory to the Required Lenders shall have been made); in addition, the Administrative Agent shall have received from any Person holding any Lien securing any such Indebtedness, such Uniform Commercial Code termination statements, mortgage releases and other instruments, in each case in proper form for recording, as the Administrative Agent shall have requested to release and terminate of record the Liens securing such Indebtedness (or arrangements for such release and termination satisfactory to the Required Lenders shall have been made).

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!