Common use of Restriction of Indebtedness Clause in Contracts

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, 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 Term Loan shall be reduced prepaid by an amount equal to the net proceeds to the Company of such long-term indebtedness; ; (d) indebtedness described in clause (v) of the definition of Permitted Liens in section lo.l(p)(iv)9.1, 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 and the Notes in a manner satisfactory to the Banks; ; (hf) 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 and (ig) other indebtedness not exceeding $5,000,000 in aggregate principal amount at any time outstanding.

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)Indebtedness, except: (a) the Notes issued Obligations under this AgreementAgreement and the other Loan Documents; (b) outstanding indebtedness in respect other Indebtedness listed on Schedule 6.01 to the Disclosure Letter, and any extensions, refinancings, renewals and replacements of industrial revenue bond financing shown on the financial statements referred to in section 4.5 abovesuch Indebtedness, provided that the principal amount of such indebtedness 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 Indebtedness secured by Liens described in clause (4) of the Company; provided that, simultaneously with the closing definition 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)“Permitted Liens”, provided such indebtedness Indebtedness does not exceed an aggregate of $5,000,000 2,000,000 outstanding at any one time; (d) Intercompany debt arising from notes, loans or advances permitted pursuant to Section 6.05(c) and Section 6.05(h) of this Agreement; (e) Commercial Paper in an aggregate face amount Guaranties by any Subsidiary of not more Indebtedness of Borrower, guaranties of any Subsidiary (other than the amount permitted Guarantor) of Indebtedness of any other Subsidiary, and guaranties by section 1.9(a)any Loan Party of Indebtedness of any other Loan Party; (f) Nicolet Funding Corp. Loans Indebtedness of any Person that becomes a Subsidiary after the date hereof pursuant to an Acquisition, to the extent permitted pursuant to Section 6.05(n); provided that such Indebtedness exists at the time such Person becomes a Subsidiary, is not created in aggregate principal amount contemplation of not more than the amount permitted by section 1.9(e)or in connection with such Person becoming a Subsidiary; (g) Other unsecured indebtedness which is subordinated Indebtedness with an aggregate outstanding principal amount not to the prior payment of the Company's obligations under this Agreement in a manner satisfactory to the Banksexceed $1,000,000 at any time; (h) indebtedness Indebtedness arising from the honoring of a check, draft or similar instrument against insufficient funds or from the endorsement of instruments for collection in respect the ordinary course of Capitalized Leases, provided that the aggregate lease payments thereunder do not exceed $1,000,000 in any fiscal year of the Company; andbusiness; (i) other indebtedness not exceeding $5,000,000 Indebtedness arising in aggregate principal amount at any time outstanding.connection with customary cash management services and from the honoring by a bank or financial institution of a check, draft or similar instrument drawn against insufficient funds, in each case in the ordinary course of business; provided that such Indebtedness is extinguished within five (5) Business Days after its incurrence; (j) customer deposits and advance payments received in the ordinary course of business from customers for goods or services purchased in the ordinary course of business; (k) Indebtedness consisting of Permitted Derivative Obligations; (l) Customary indemnification obligations pursuant to factoring or similar arrangements pursuant to a Permitted Factoring Agreement; and

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 Term Loan shall be reduced prepaid by an amount equal to the net proceeds to the Company of such long-term indebtedness; (d) indebtedness described in clause (v) of the definition of Permitted Liens in section lo.l(p)(iv)9.1, 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 and the Notes in a manner satisfactory to the Banks; (hf) 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 (ig) other indebtedness not exceeding $5,000,000 in aggregate principal amount at any time outstanding.

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)(iv10.1(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.