Common use of Restriction on Debt of Subsidiaries Clause in Contracts

Restriction on Debt of Subsidiaries. The Borrower will not permit any Subsidiary to create, issue, incur, assume, or in any other way become liable for any unsecured Debt unless immediately prior thereto the Borrower would be entitled under Section 5.10(e) to create Secured Debt not specifically permitted under Section 5.10 but for subsection (e) thereof in an amount equal to such Debt; provided that the foregoing restriction shall not prevent (i) any Subsidiary from becoming liable to the Borrower or to a Wholly-Owned Consolidated Subsidiary for Debt or (ii) the extension, renewal or refunding of any Debt of any Subsidiary so long as Consolidated Debt is not thereby increased.

Appears in 3 contracts

Samples: Term Loan Agreement (Rite Aid Corp), Term Loan Agreement (Rite Aid Corp), Credit Agreement (Rite Aid Corp)

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Restriction on Debt of Subsidiaries. The Borrower Guarantor will not permit any Subsidiary to create, issue, incur, assume, or in any other way become liable for any unsecured Debt unless immediately prior thereto the Borrower Guarantor would be entitled under Section 5.10(e1.10(e) to create Secured Debt not specifically permitted under Section 5.10 1.10 but for subsection (e) thereof in an amount equal to such Debt; provided that the foregoing restriction shall not prevent (i) any Subsidiary from becoming liable to the Borrower Guarantor or to a Wholly-Owned Consolidated Subsidiary for Debt or (ii) the extension, renewal or refunding of any Debt of any Subsidiary so long as Consolidated Debt is not thereby increased.

Appears in 2 contracts

Samples: Guaranty (Rite Aid Corp), Guaranty (Rite Aid Corp)

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Restriction on Debt of Subsidiaries. The Borrower Guarantor will not permit any Subsidiary to create, issue, incur, assume, or in any other way become liable for any unsecured Debt unless immediately prior thereto the Borrower Guarantor would be entitled under subsection (d) of Section 5.10(e) 5.9 to create Secured Debt not specifically permitted under Section 5.10 5.9 but for subsection (ed) thereof in an amount equal to such Debt; provided that the foregoing restriction shall not prevent prevent (ia) any Subsidiary from becoming liable to the Borrower Guarantor or to a Wholly-Owned Consolidated Subsidiary for Debt or or (iib) the extension, renewal or refunding of any Debt of any Subsidiary so long as Consolidated Debt is not thereby increased.

Appears in 1 contract

Samples: Guaranty Agreement (Rite Aid Corp)

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