Common use of Restrictions on Indebtedness Clause in Contracts

Restrictions on Indebtedness. Borrower will not, and will not permit Owner to, create, incur, assume, guarantee or be or remain liable, contingently or otherwise, with respect to any Indebtedness other than: (a) Indebtedness of Borrower to Lender arising under any of the Loan Documents and Indebtedness of Owner to the Mortgage Lender arising under any of the Mortgage Loan Documents; (b) current liabilities of Owner incurred in the ordinary course of business but not incurred through (i) the borrowing of money, or (ii) the obtaining of credit except for credit on an open account basis customarily extended and in fact extended in connection with normal purchases of goods and services; (c) Indebtedness of Borrower and Owner in respect of taxes, assessments, governmental charges or levies and claims against Owner 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 §7.8; (d) Indebtedness in respect of judgments or awards that would not constitute an Event of Default; and (e) endorsements for collection, deposit or negotiation and warranties of products or services, in each case incurred in the ordinary course of business.

Restrictions on Indebtedness. Borrower will not, and will not permit Owner to, create, incur, assume, guarantee or be or remain liable, contingently or otherwise, with respect to any Indebtedness other than: (ai) Indebtedness of Borrower to Lender arising under any of the Loan Documents and Indebtedness of Owner to the Mortgage Lender arising under any of the Mortgage Loan DocumentsObligations; (b) current liabilities of Owner incurred in the ordinary course of business but not incurred through (i) the borrowing of money, or (ii) to the obtaining of credit except for credit on an open account basis customarily extended and in fact extended in connection with normal purchases of goods and services; (c) Indebtedness of Borrower and Owner extent constituting Indebtedness, liabilities in respect of taxes, assessments, governmental charges or levies and claims against Owner 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 §7.8; (diii) Indebtedness in respect of judgments or awards that would not constitute an Event of Default; and; (eiv) endorsements obligations under any Hedge Agreement incurred in the ordinary course of business for collectionbona fide hedging purposes; (v) Indebtedness arising from the honoring by a bank or other financial institution of a check, draft or similar instrument inadvertently drawn against insufficient funds in the ordinary course of business, or pursuant to netting services or otherwise in connection with deposit accounts; or (vi) Indebtedness in connection with surety (or negotiation similar) bonds, letters of credit and warranties performance bonds obtained in the ordinary course of products or services, business in each case incurred connection with workers’ compensation obligations of Borrower and in connection with other surety and performance bonds in the ordinary course of business.

Restrictions on Indebtedness. The Borrower will not, and will not permit Owner any of its Subsidiaries to, create, incur, assume, guarantee or be or remain liable, contingently or otherwise, liable with respect to any Indebtedness other than: (a) Indebtedness of Borrower to Lender the Lenders arising under any of the Loan Documents and Indebtedness of Owner to the Mortgage Lender arising under any of the Mortgage Loan DocumentsNotes; (b) Prior to the making of the Loans, Indebtedness under the Existing Subordinated Note not exceeding $50,000,000.00 in aggregate principal balance; (c) current liabilities (due and payable within twelve months or less) of Owner the Borrower or its Subsidiaries incurred in the ordinary course of business but not incurred through (i) the borrowing of money, or (ii) the obtaining of credit except for credit on an open account basis customarily extended and in fact extended in connection with normal purchases of goods and services; (cd) Indebtedness of Borrower and Owner in respect of taxes, assessments, governmental charges or levies and claims against Owner 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 §7.8Section 6.8; (d) Indebtedness in respect of judgments or awards that would not constitute an Event of Default; and (e) endorsements for collection, deposit or negotiation and warranties of products or services, in each case incurred in the ordinary course of business.;

Restrictions on Indebtedness. Borrower will not, and will not permit Owner to, create, incur, assume, guarantee or be or remain liable, contingently or otherwise, with respect to any Indebtedness other than: (a) Indebtedness of Borrower to Lender arising under any of the Loan Documents and Indebtedness of Owner to the Mortgage Lender arising under any of the Mortgage Loan DocumentsDocuments (it being acknowledged that the Mortgage Loan Documents shall be subject to Lender’s prior written approval and any refinancing of the such Mortgage Loan shall not constitute Permitted Indebtedness); (b) current liabilities of Owner incurred in the ordinary course of business but not incurred through (i) the borrowing of money, or (ii) the obtaining of credit except for credit on an open account basis customarily extended and in fact extended in connection with normal purchases of goods and services; (c) Indebtedness of Borrower and Owner in respect of taxes, assessments, governmental charges or levies and claims against Owner 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 §7.8; (d) Indebtedness in respect of judgments or awards that would not constitute an Event of Default; and (e) endorsements for collection, deposit or negotiation and warranties of products or services, in each case incurred in the ordinary course of business.

Restrictions on Indebtedness. Borrower will not, and will not permit Owner to, create, incur, assume, guarantee or be or remain liable, contingently or otherwise, with respect to any Indebtedness other than: (a) Indebtedness of Borrower to Lender the Lenders arising under any of the Loan Documents and Indebtedness of Owner to the Mortgage Lender arising under any of the Mortgage Loan Documents; (b) subject to §7.21, current liabilities of Owner Borrower incurred in the ordinary course of business but not incurred through (i) the borrowing of money, or (ii) the obtaining of credit except for credit on an open account basis customarily extended and in fact extended in connection with normal purchases of goods and services; (c) Indebtedness of Borrower and Owner in respect of taxes, assessments, governmental charges or levies and claims against Owner 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 §7.8; (d) Indebtedness in respect of judgments or awards that would only to the extent, for the period and for an amount not constitute an Event of resulting in a Default; and; (e) endorsements for collection, deposit or negotiation and warranties of products or services, in each case incurred in the ordinary course of business.; and

Restrictions on Indebtedness. The Borrower will not, and will not permit Owner any Guarantor or their respective Subsidiaries to, create, incur, assume, guarantee or be or remain liable, contingently or otherwise, with respect to any Indebtedness other than: (a) Indebtedness of Borrower to Lender the Lenders arising under any of the Loan Documents and Indebtedness of Owner to the Mortgage Lender arising under any of the Mortgage Loan Documents; (b) Indebtedness to the Lender Hedge Providers in respect of any Hedge Obligations; (c) current liabilities of Owner the Borrower, the Guarantors or their respective Subsidiaries incurred in the ordinary course of business but not incurred through (i) the borrowing of money, or (ii) the obtaining of credit except for credit on an open account basis customarily extended and in fact extended in connection with normal purchases of goods and services; (cd) Indebtedness of Borrower and Owner in respect of taxes, assessments, governmental charges or levies and claims against Owner 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 §7.8; (de) Indebtedness in respect of judgments or awards that would only to the extent, for the period and for an amount not constitute an Event of resulting in a Default; and; (ef) endorsements for collection, deposit or negotiation and warranties of products or services, in each case incurred in the ordinary course of business.; and (g) subject to compliance with the financial covenants set forth in §9 of this Agreement and the terms, conditions, and provisions of this §8.1,

Restrictions on Indebtedness. The Borrower will not, and will not permit Owner any Guarantor or their respective Subsidiaries to, create, incur, assume, guarantee or be or remain liable, contingently or otherwise, with respect to any Indebtedness other than: (a) Indebtedness of Borrower to Lender the Lenders arising under any of the Loan Documents and Indebtedness of Owner to the Mortgage Lender arising under any of the Mortgage Loan Documents; (b) Indebtedness to the Lender Hedge Providers in respect of any Hedge Obligations; (c) current liabilities of Owner the Borrower, the Guarantors or their respective Subsidiaries incurred in the ordinary course of business but not incurred through (i) the borrowing of money, or (ii) the obtaining of credit except for credit on an open account basis customarily extended and in fact extended in connection with normal purchases of goods and services; (cd) Indebtedness of Borrower and Owner in respect of taxes, assessments, governmental charges or levies and claims against Owner 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 §7.8; (de) Indebtedness in respect of judgments or awards that would only to the extent, for the period and for an amount not constitute resulting in an Event of Default; and (e) endorsements for collection, deposit or negotiation and warranties of products or services, in each case incurred in the ordinary course of business.;

Restrictions on Indebtedness. The Borrower will not, and will not permit Owner any Guarantor or their respective Subsidiaries to, create, incur, assume, guarantee or be or remain liable, contingently or otherwise, with respect to any Indebtedness other than: (a) Indebtedness of Borrower to Lender the Lenders arising under any of the Loan Documents and Indebtedness of Owner to the Mortgage Lender arising under any of the Mortgage Loan Documents; (b) Indebtedness to the Lender Hedge Providers in respect of any Hedge Obligations; (c) current liabilities of Owner the Borrower, the Guarantors or their respective Subsidiaries incurred in the ordinary course of business but not incurred through (i) the borrowing of money, or (ii) the obtaining of credit except for credit on an open account basis customarily extended and in fact extended in connection with normal purchases of goods and services; (cd) Indebtedness of Borrower and Owner in respect of taxes, assessments, governmental charges or levies and claims against Owner 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 §7.8; (de) Indebtedness in respect of judgments or awards that would only to the extent, for the period and for an amount not constitute an Event of resulting in a Default; and; (ef) endorsements for collection, deposit or negotiation and warranties of products or services, in each case incurred in the ordinary course of business.; (g) Intentionally Omitted; and (h) subject to the provisions of §9,

Restrictions on Indebtedness. The Borrower will not, and will not permit Owner any of its Subsidiaries to, create, incur, assume, guarantee or be or remain liable, contingently or otherwise, liable with respect to any Indebtedness other than: (a) Indebtedness of Borrower to Lender the Lenders arising under any of the Loan Documents and Indebtedness of Owner to the Mortgage Lender arising under any of the Mortgage Loan DocumentsNotes; (b) Prior to the making of the Loans, Indebtedness under the Existing Subordinated Note; (c) current liabilities (due and payable within twelve months or less) of Owner the Borrower or its Subsidiaries incurred in the ordinary course of business but not incurred through (i) the borrowing of money, or (ii) the obtaining of credit except for credit on an open account basis customarily extended and in fact extended in connection with normal purchases of goods and services; (cd) Indebtedness of Borrower and Owner in respect of taxes, assessments, governmental charges or levies and claims against Owner 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 §7.8Section 6.8; (d) Indebtedness in respect of judgments or awards that would not constitute an Event of Default; and (e) endorsements for collection, deposit or negotiation and warranties of products or services, in each case incurred in the ordinary course of business.;

Restrictions on Indebtedness. The Borrower will not, and will not permit Owner any Guarantor or their respective Subsidiaries to, create, incur, assume, guarantee or be or remain liable, contingently or otherwise, with respect to any Indebtedness other than: (a) Indebtedness of Borrower to Lender the Lenders arising under any of the Loan Documents and Indebtedness of Owner to the Mortgage Lender arising under any of the Mortgage Loan Documents; (b) Indebtedness to the Lender Hedge Providers in respect of any Hedge Obligations; (c) current liabilities of Owner the Borrower, the Guarantors or their respective Subsidiaries incurred in the ordinary course of business but not incurred through (i) the borrowing of money, or (ii) the obtaining of credit except for credit on an open account basis customarily extended and in fact extended in connection with normal purchases of goods and services; (cd) Indebtedness of Borrower and Owner in respect of taxes, assessments, governmental charges or levies and claims against Owner 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 §7.8; (de) Indebtedness in respect of judgments or awards that would only to the extent, for the period and for an amount not constitute an Event of resulting in a Default; and; (ef) endorsements for collection, deposit or negotiation and warranties of products or services, in each case incurred in the ordinary course of business.;