Restriction of Indebtedness. Create, incur, assume or have outstanding any indebtedness for borrowed money or the deferred purchase price of any asset (including obligations under Capitalized Leases), except:
(a) the Notes issued under this Agreement;
(b) outstanding indebtedness in respect of industrial revenue bond financing shown on the financial statements referred to in section 4.5 above, provided that such indebtedness shall not be renewed, extended or increased;
(c) additional long-term indebtedness incurred pursuant to an offering of long-term notes, bonds or similar obligations of the Company; provided that, simultaneously with the closing of such debt offering, the Aggregate Commitment shall be reduced by an amount equal to the net proceeds to the Company of such long-term indebtedness;
(d) indebtedness described in section lo.l(p)(iv), provided such indebtedness does not exceed an aggregate of $5,000,000 outstanding at any one time;
(e) Commercial Paper in an aggregate face amount of not more than the amount permitted by section 1.9(a);
(f) Nicolet Funding Corp. Loans in aggregate principal amount of not more than the amount permitted by section 1.9(e);
(g) unsecured indebtedness which is subordinated to the prior payment of the Company's obligations under this Agreement in a manner satisfactory to the Banks;
(h) indebtedness in respect of Capitalized Leases, provided that the aggregate lease payments thereunder do not exceed $1,000,000 in any fiscal year of the Company; and
(i) other indebtedness not exceeding $5,000,000 in aggregate principal amount at any time outstanding.
Restriction of Indebtedness. Create, incur or assume any indebtedness for borrowed money or the deferred purchase price of any asset (including obligations under capitalized leases), except indebtedness subordinated to all debts, obligations and liabilities of Lyric to Franchisor and its Affiliates pursuant to a subordination agreement on terms and conditions acceptable to Franchisor.
Restriction of Indebtedness. Create, incur, assume or have outstanding any Indebtedness except:
(a) the Note issued under this Agreement;
(b) Indebtedness of the Company secured by Xxxxx described in clause (4) of the definition of “Permitted Liens”, provided such Indebtedness does not exceed an aggregate of $200,000 at any time outstanding;
(c) Indebtedness existing on the date of this Agreement and described on Schedule 6.01 not exceeding the amounts set forth on such Schedule; and
(d) Indebtedness owed to a member of the Company, provided that (i) such Indebtedness shall be unsecured, (ii) the Company shall not repay any principal of such Indebtedness prior to the payment in full of all Obligations and termination of the Commitment hereunder, (iii) such Indebtedness shall have such interest rate provisions and other payment terms as may be reasonably satisfactory to the Lender, and (iv) such Indebtedness shall not exceed a principal amount of $1,000,000 in the aggregate at any time outstanding.
Restriction of Indebtedness. 119 SECTION 6.02.
Restriction of Indebtedness. The Borrower shall not, nor shall it permit any of its Non-Bank Subsidiaries to directly or indirectly, create, incur, assume or have outstanding any Indebtedness, except:
(a) the Obligations;
(b) Indebtedness incurred by the Borrower under any Permitted Derivative Obligation; and
(c) other Indebtedness outstanding on September 30, 2003, and shown on the financial statements referred to in Section 5.05 above; and
(d) the Contingent Obligations existing on the date hereof as disclosed on Schedule 5.08;
(e) Indebtedness incurred by the Borrower from any of its Subsidiaries; and
(f) secured or unsecured purchase money Indebtedness (including Capitalized Leases) incurred by the Borrower or any of its Subsidiaries after the Closing Date to finance the acquisition of fixed assets, if (1) at the time of such incurrence, no Event of Default or Default has occurred and is continuing or would result from such incurrence, (2) such Indebtedness has a scheduled maturity and is not due on demand, (3) such Indebtedness does not exceed the lower of the fair market value or the cost of the applicable fixed assets on the date acquired, (4) such Indebtedness does not exceed $50,000 in the aggregate outstanding at any time, (5) any lien securing such Indebtedness is a Permitted Lien (such Indebtedness being referred to herein as "Permitted Purchase Money Indebtedness").
Restriction of Indebtedness. Create, incur, assume or have outstanding any indebtedness for borrowed money or the deferred purchase price of any asset (including obligations under Capitalized Leases), except:
(a) the Notes issued under this Agreement;
(b) other indebtedness outstanding on September 30, 1999, and shown on the financial statements referred to in Section 4.5 above, including renewals, extensions and refundings of such indebtedness, provided that the principal amount of such indebtedness shall not be increased;
(c) indebtedness secured by liens described in clause (iv) of the definition of Permitted Liens, provided such indebtedness does not exceed an aggregate of $15,000,000 outstanding at any one time;
(d) unsecured indebtedness which has been subordinated in right of payment to the Company's obligations under this Agreement and the Notes in a manner satisfactory to the Banks; and
(e) Commercial Paper issued within the limitations of Section 1.7.
Restriction of Indebtedness. The Company shall not incur or guaranty any indebtedness that would be senior or pari passu to the Notes, other than up to Five Hundred Thousand Dollars ($500,000) principal amount of indebtedness that would be pari passu with the Notes, including pari passu as to collateral under the Security Agreement.
Restriction of Indebtedness. Not incur, assume or permit to exist any indebtedness or liability for borrowed money in excess of $30,000,000.00 (except obligations under this Agreement) or assume, guarantee, endorse or otherwise become liable for obligations of another unless subordinated to Lender (except endorsements of negotiable instruments for deposit or collection in the ordinary course of business).
Restriction of Indebtedness. Create, incur, assume or have outstanding any indebtedness for borrowed money or the deferred purchase price of any asset (including obligations under Capitalized Leases except as permitted by Section 4.2), except:
(a) the Notes issued under this Agreement;
(b) indebtedness secured by Permitted Liens; and
(c) unsecured loans or advances to the Company by the Company's parent corporation made in the ordinary course of business.
Restriction of Indebtedness. Create, incur, assume or have outstanding any Indebtedness except:
(a) the Note issued under this Agreement;
(b) Indebtedness secured by Liens described in clause (4) of the definition of “Permitted Liens”, provided such Indebtedness does not exceed an aggregate of $2,000,000 at any time outstanding;
(c) Indebtedness existing on the date of this Agreement and described on Schedule 6.01 not exceeding the amounts set forth on such Schedule; and
