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. 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 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. 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. The Lender shall have received evidence that all the Debt under the Windermere Debenture has been converted to Equity Securities.
Specified Debt. Notwithstanding any provision to the contrary contained in the Certificate of Incorporation or this Certificate of Designations, the Corporation shall not pay any cash dividends on, or make any other cash distributions with respect to or redeem, repurchase or otherwise acquire for cash, any shares of Series D Preferred Stock until the all unpaid principal and interest under the Specified Debt has been paid in full and all obligations to lend thereunder have terminated.
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 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. 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.
