Repayment of Subordinated Debt. Repay, prepay, redeem or otherwise satisfy in any manner any Subordinated Debt, except in accordance with the terms of any subordination agreement among Borrower, Lender and the holder(s) of such Subordinated Debt. Notwithstanding the foregoing, Lender agrees that the conversion or exchange into Borrower’s equity securities of any Subordinated Debt and the payment of cash in lieu of fractional shares shall not be prohibited by this Section 6.13.
Repayment of Subordinated Debt in the case of the Companies, repay in full or in part any Subordinated Debt except as expressly permitted in any related Intercreditor Agreement unless the Termination Date has occurred;
Repayment of Subordinated Debt. The Borrower's and its Subsidiaries' amounts of Subordinated Debt which become due and remain unpaid plus the amount of the Borrower's and its Subsidiaries' actual payment of Subordinated Debt, shall not exceed interest only on such Subordinated Debt in amounts not exceeding the amounts permitted by the applicable subordination agreements with respect to such Subordinated Debt.
Repayment of Subordinated Debt. Repay, prepay, redeem or otherwise satisfy in any manner any Subordinated Debt, except in accordance with the terms of any subordination agreement among Borrower, Lender and the holder(s) of such Subordinated Debt. Notwithstanding the foregoing, Lender agrees that (i) the conversion or exchange into Borrower’s equity securities of any Subordinated Debt, (ii) the payment of cash in lieu of fractional shares and (iii) payments in kind with respect to the Indebtedness pursuant to Section 6.1(e) shall not be prohibited by this Section 6.13.
Repayment of Subordinated Debt. Until all Obligations have been irrevocably paid in full, the US-Borrower and its Subsidiaries shall not make any payment upon any principal of any Subordinated Debt, including by means of repurchasing Debentures; provided that the US-Borrower shall be permitted to (a) make the required sinking fund payment of $3,850,000 on or before December 15, 2004 with regard to the Identified Debentures, (b) make the required sinking fund payment of $6,225,000 on or before December 15, 2005 with regard to the Identified Debentures, and (c) repay or repurchase and retire, in each case at a price that is at or below the par value for such Identified Debenture (plus an amount equal to the accrued and unpaid interest to date of repayment, repurchase or retirement), an aggregate amount of the Identified Debentures of up to the Repurchase Amount prior to February 28, 2006 pursuant to open-market transactions, in privately-negotiated transactions, by repayment or otherwise. Notwithstanding anything to the contrary in this Agreement, no payment upon any principal of any Subordinated Debt, no sinking fund payment and no repurchase or retirement of Subordinated Debt may be made at any time when there exists any Default or Unmatured Default or when such payment, repurchase or retirement would result in any Default or Unmatured Default (including pursuant to Section 6.24 or 6.25). The US-Lender shall ensure that at all times there remains availability under the Borrowing Base in an amount of at least the Availability Hold Amount.
Repayment of Subordinated Debt. On or prior to the Closing Date, Sellers shall repay to Stockholder all principal and accrued but unpaid interest on the subordinated loans from Stockholder to Sellers in excess of the amounts assumed by Purchaser pursuant to Section 3.4(viii).
(c) Section 11.8 is added to provide as follows:
Repayment of Subordinated Debt. The Borrower's and its Subsidiaries' principal amounts of Subordinated Debt which become due and remain unpaid plus the amount of the Borrower's and its Subsidiaries' actual principal payment of Subordinated Debt, shall not exceed $2.5 million in the aggregate for any immediately preceding four fiscal quarter trailing period of the Borrower. After the occurrence and during the continuance of a Default, until all Obligations have been irrevocably paid in full, Borrower and its Subsidiaries shall not make payment upon Subordinated Debt.
Repayment of Subordinated Debt. For so long as the Debenture remains outstanding, the Company will not directly or indirectly redeem, retire or purchase any indebtedness subordinate to the Debenture, although the Company will be entitled to pay such indebtedness in accordance with its terms (provided that such payment does not violate Purchaser rights in the event of a default under the Debenture).
Repayment of Subordinated Debt. Within ninety (90) days of the date hereof, the Borrower shall raise One Million Dollars ($1,000,000.00) (either in equity or fully subordinated debt) and shall apply such funds to repay the Subordinated Debt and to reduce the principal amount of the Term Loan by Five Hundred Thousand Dollars ($500,000.00).
Repayment of Subordinated Debt. Borrowers have informed Bank that Borrowers desire to use Advances under Term Loan B along with certain other funds to repay certain obligations of Infologix to Xxxxx XxXxxxxx, Xxxxx Xxxxxxxx, Xxxxxxx Xxxxx, Xxxxx Xxxxxx, and/or Xxxxxx Xxxxxx, Xx. in the aggregate principal amount of One Million Two Hundred Eleven Thousand Eight Hundred Forty-Six Dollars ($1,211,846.00). (the “Subordinated Debt Repayment”). After the Subordinated Debt Repayment, Infologix will not have outstanding to Xxxxx XxXxxxxx, Xxxxx Xxxxxxxx, Xxxxxxx Xxxxx, Xxxxx Xxxxxx and/or Xxxxxx Xxxxxx, Xx. any Indebtedness for borrowed money.
