Specified Debt. The Borrower will not, nor will it permit any of its Subsidiaries to:
(a) make any Specified Debt Payment at any time, provided that the Borrower may make a Specified Debt Payment described in clause (a) of the definition of Specified Debt Payment if (i) such Specified Debt Payment does not exceed the then fair value (which fair value shall include reasonable fees and premiums payable in connection therewith) as reasonably determined by the Borrower of the Specified Debt purchased, redeemed, retired or otherwise acquired thereby, (ii) at the time of and immediately after giving effect to such Specified Debt Payment, no Default shall have occurred and be continuing and (iii) if such Specified Debt Payment were treated as a “Restricted Payment” for the purposes of determining compliance with Section 6.05, such Specified Debt Payment would be permitted to be made under Section 6.05; and
(b) notwithstanding anything to the contrary in Section 6.02, create, incur, assume or permit to exist any Lien securing any Specified Debt at any time.
Specified Debt. Indebtedness in respect of industrial revenue bonds outstanding on the Closing Date and listed on Schedule 7.2(f) hereto;
Specified Debt. Etc. SRMI is the holder of the Specified Debt and the Specified Claims and does not require the consent or authorization of any third party to effectuate the discharge of Specified Debt and Specified Claims.
Specified Debt. The Disclosure Letter contains true, correct and complete copies of the Specified Debt Facilities and sets out the amount of principal and accrued and unpaid interest outstanding under each of the Specified Debt Facilities as of the date of this Agreement and of Xxxxxx’x estimate as of the date of this Agreement of the amount of principal and accrued and unpaid interest expected to be outstanding under each of the Specified Debt Facilities as of August 31, 2007. The aggregate amount of principal and accrued and unpaid interest outstanding under the Specified Debt Facilities at the earlier of the Effective Date and the Outside Date shall not be greater than $25,000,000. Neither Sterlite Gold nor any Subsidiary has any indebtedness for borrowed money to Vedanta or any of its subsidiaries other than the Specified Debt.
Specified Debt. The Lender shall have received evidence that all Specified Debt, other than the Debt under the Windermere Debenture, has been:
(i) converted to Equity Securities;
(ii) is unsecured; or
(iii) has been postponed and subordinated to the Outstanding Obligations on terms satisfactory to the Lender.
Specified Debt. Immediately after the Closing, Purchaser shall cause CVSI to repay all amounts due under the obligations listed on SCHEDULE 3.10 (the "SPECIFIED DEBT"). To facilitate the foregoing, prior to the Closing Date, Acquisition Co. shall provide Purchaser with pay-off letters and wire instructions to be used by CVSI to repay the Specified Debt directly to the lenders thereof. The aggregate of such payments, as specified in such pay-off letters, is referred to herein as the "DEBT PAYMENTS."
Specified Debt the numerator of the Specified Ratio, is proforma Specified Debt in respect of the following in each case of Holdings and its Subsidiaries, determined and consolidated in accordance with GAAP, and is calculated without duplication as follows:
Specified Debt. 5.1 The Sellers agree not to change the agreement and terms of the Specified Debt without the written consent and approval of Purchaser. Seller further agrees not increase the amount of the Specified debt of Wachovia and or CoAmerica loans (such as withdrawing or increasing the loan amount).
5.2 The Purchaser hereby agrees that in the event that it completes an initial public offering of its common stock (“IPO”), it will use the proceeds of such IPO to pay the entire outstanding balance of the Specified Debt (both the Comerica loan and the Wachovia/Xxxxx Fargo line of credit), (i) within 15 days after the receipt of such IPO proceeds with respect to the Wachovia/Xxxxx Fargo line of credit and (ii) in 3 equal monthly installments, commencing on the first calendar month after the completion of such IPO, with respect to the Comerica loan.
Specified Debt. If the payments to or to the order of the lenders under the Specified Debt have been made in accordance with Section 2.2(a)(iii)(2) and such lenders have received such payments, the lenders under the Specified Debt shall waive or take such other action as they may determine, acting reasonably, to effectively relieve the borrowers under the Specified Debt from any further obligations thereunder.
Specified Debt. The Borrower will not, nor will it permit any of its Subsidiaries to:
(a) make any Specified Debt Payment at any time, provided that the Borrower may make a Specified Debt Payment described in clause (a) of the definition of Specified Debt Payment if (i) such Specified Debt Payment does not exceed the then fair value (which fair value shall include reasonable fees and premiums payable in connection therewith) as reasonably determined by the Borrower of the Specified Debt purchased, redeemed, retired or otherwise acquired thereby, (ii) at the time of and immediately after giving effect to such Specified Debt Payment, no Default shall have occurred and be continuing and (iii) if such
