Common use of Restrictions on Debt Clause in Contracts

Restrictions on Debt. The Borrower and each Guarantor will not directly or indirectly, create, incur, assume, guarantee, endorse or be or remain liable, contingently or otherwise, with respect to any Debt other than the following (“Permitted Debt”): (a) Debt to the Lenders arising under any of the Loan Documents; (b) Debt outstanding on the Closing Date set forth on Schedule 8.2(b); (c) Debt following the Closing Date specifically described on Schedule 8.2(c);1 (d) current unsecured liabilities of the Borrower or a Guarantor (other than Debt for borrowed money) incurred in the ordinary course of business, including as incurred through obtaining of credit and for credit on an open account basis customarily extended and in fact extended in connection with normal purchases of goods and services as well as any extensions, renewals, refinancings and replacements of any such liabilities or indebtedness; (e) Debt in respect of taxes, assessments, governmental charges or levies and claims for labor, materials and supplies to the extent that payment therefor shall not at the time be required to be made in accordance with the provisions of Section 7.4; (f) Debt in respect of judgments or awards that have been in force for less than the applicable period for taking an appeal so long as execution is not levied thereunder or in respect of which the Borrower or a Guarantor shall at the time in good faith be prosecuting an appeal or proceedings for review and in respect of which a stay of execution shall have been obtained pending such appeal or review; and (g) endorsements for collection, deposit or negotiation and warranties of products or services, in each case incurred in the ordinary course of business.

Appears in 2 contracts

Samples: Loan and Security Agreement (Healthy Choice Wellness Corp.), Loan and Security Agreement (Healthier Choices Management Corp.)

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Restrictions on Debt. The Borrower and each Guarantor will not directly permit Bairnco or indirectly, any Bairnco Subsidiary to create, incur, assume, guarantee, endorse guarantee or be or remain liable, contingently or otherwise, with respect to any Debt other than the following (“Permitted Debt”):than: (a) Senior Debt; (b) Debt to the Lenders Lender arising under any of the Loan Documents; (b) Debt outstanding on the Closing Date set forth on Schedule 8.2(b); (c) Debt following the Closing Date specifically described on Schedule 8.2(c);1in respect of Plan Waiver Obligations; (d) current unsecured liabilities of the Borrower Bairnco or a Guarantor (other than Debt for borrowed money) any Bairnco Subsidiary incurred in the ordinary course of business, including as business not incurred through (i) the borrowing of money, or (ii) the obtaining of credit and except for credit on an open account basis customarily extended and in fact extended in connection with normal purchases of goods and services as well as any extensions, renewals, refinancings and replacements of any such liabilities or indebtednessservices; (e) Debt incurred in the ordinary course of business in respect of taxes, assessments, governmental charges or levies and claims for labor, materials and supplies to the extent that payment therefor shall not at the time be required to be made in accordance with the provisions of Section 7.4; (f) Debt in respect of judgments or awards that have been in force for less than the applicable period for taking an appeal so long as execution is not levied thereunder or in respect of which the Borrower Bairnco or a Guarantor its Subsidiary shall at the time in good faith be prosecuting an appeal or proceedings for review and in respect of which a stay of execution shall have been obtained pending such appeal or review; and; (g) endorsements for collection, deposit or negotiation and warranties of products or services, in each case incurred in the ordinary course of business; and (h) Debt owed by any of Bairnco or any Bairnco Subsidiary to trade vendors, in the amount of the cost to the Loan Party of inventory held on consignment from such trade vendors, including, without limitation, in connection with and pursuant to agreements with such trade vendors.

Appears in 2 contracts

Samples: Subordinated Loan and Security Agreement (Steel Partners Ii Lp), Subordinated Loan and Security Agreement (WHX Corp)

Restrictions on Debt. The Borrower and each Guarantor will not directly or indirectly, create, incur, assume, guarantee, endorse or be or remain liable, contingently or otherwise, with respect to any Debt other than the following (“Permitted Debt”): (a) Debt to the Lenders arising under any of the Loan Documents; (b) Debt outstanding on the Closing Date set forth on Schedule 8.2(b)8.2; (c) Debt following the Closing Date specifically described on Schedule 8.2(c);1 (d) current unsecured liabilities of the Borrower or a Guarantor (other than Debt for borrowed money) incurred in the ordinary course of business, including as incurred through obtaining of credit and for credit on an open account basis customarily extended and in fact extended in connection with normal purchases of goods and services as well as any extensions, renewals, refinancings and replacements of any such liabilities or indebtedness; (ed) Debt in respect of taxes, assessments, governmental charges or levies and claims for labor, materials and supplies to the extent that payment therefor shall not at the time be required to be made in accordance with the provisions of Section 7.4; (fe) Debt in respect of judgments or awards that have been in force for less than the applicable period for taking an appeal so long as execution is not levied thereunder or in respect of which the Borrower or a Guarantor shall at the time in good faith be prosecuting an appeal or proceedings for review and in respect of which a stay of execution shall have been obtained pending such appeal or review; and (gf) endorsements for collection, deposit or negotiation and warranties of products or services, in each case incurred in the ordinary course of business.

Appears in 1 contract

Samples: Loan and Security Agreement (Vivakor, Inc.)

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Restrictions on Debt. The Borrower and each Guarantor will not directly or indirectly, create, incur, assume, guarantee, endorse or be or remain liable, contingently or otherwise, with respect to any Debt other than the following (“Permitted Debt”): (a) Debt to the Lenders arising under any of the Loan Documents; (b) Debt outstanding on the Closing Date set forth on Schedule 8.2(b)8.2; (c) Debt following the Closing Date specifically described on Schedule 8.2(c);1 (d) current unsecured liabilities of the Borrower or a Guarantor (other than Debt for borrowed money) incurred in the ordinary course of business, including as incurred through obtaining of credit and for credit on an open account basis customarily extended and in fact extended in connection with normal purchases of goods and services as well as any extensions, renewals, refinancings and replacements of any such liabilities or indebtedness; (ed) Debt in respect of taxes, assessments, governmental charges or levies and claims for labor, materials and supplies to the extent that payment therefor shall not at the time be required to be made in accordance with the provisions of Section 7.4; (fe) Debt in respect of judgments or awards that have been in force for less than the applicable period for taking an appeal so long as execution is not levied thereunder or in respect of which the Borrower or a Guarantor shall at the time in good faith be prosecuting an appeal or proceedings for review and in respect of which a stay of execution shall have been obtained pending such appeal or review; and; (gf) endorsements for collection, deposit or negotiation and warranties of products or services, in each case incurred in the ordinary course of business; and (g) Debt that has as its primary purpose the repayment of existing debt of the Borrower and/or the Guarantors.

Appears in 1 contract

Samples: Loan and Security Agreement (Vivakor, Inc.)

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