Target Indebtedness. An officer's certificate from a Responsible Officer of the Target certifying that the Indebtedness outstanding at the Target does not exceed $15,000,000.
Target Indebtedness. Section 2.27 of the Target Disclosure Schedule contains a true, complete and correct list of (a) all obligations of Target for borrowed money or with respect to deposits or advances of any kind, (b) all obligations of Target evidenced by bonds, debentures, notes or similar instruments, (c) all obligations of Target upon which interest charges are customarily paid, (d) all obligations of Target under conditional sale or other title retention agreements relating to property or assets purchased by Target, (e) all obligations of Target issued or assumed as the deferred purchase price of property or services, (f) all indebtedness of others secured by (or for which the holder of such indebtedness has an existing right, contingent or otherwise, to be secured by) any Lien on property owned or acquired by Target, whether or not the obligations secured thereby have been assumed, (g) all Guarantees (as hereinafter defined) by Target, (h) all capital lease obligations of Target, (i) all obligations of Target in respect of interest rate protection agreements, foreign currency exchange agreements or other interest or exchange rate hedging arrangements and (j) all obligations of Target as an account party in respect of letters of credit and bankers’ acceptances to the extent of any drawdowns thereon (collectively, “Target Indebtedness”). For purposes hereof, “Guarantee” means any obligations, contingent or otherwise, of Target guaranteeing any indebtedness of any other person (the “primary obligor”) in any manner, whether directly or indirectly, and including any obligation of such person, direct or indirect, (x) to purchase or pay (or advance or supply funds for the purchase or payment of) such indebtedness or to purchase (or to advance or supply funds for the purpose of) any security for the payment of such indebtedness, (y) to purchase property, securities or services for the purpose of assuring the owner of such indebtedness of the payment of such indebtedness or (z) to maintain working capital, equity capital or other financial statement condition or liquidity of the primary obligor so as to enable the primary obligor to pay such indebtedness.
Target Indebtedness. (b) The Company shall not, nor shall it permit any of the Restricted Subsidiaries to amend, modify or change in any manner materially adverse to the interests of the Lenders any term or condition of any Junior Financing Documentation in respect of any Junior Financing having an aggregate outstanding principal amount in excess of the Threshold Amount without the consent of the Administrative Agent (which consent shall not be unreasonably withheld, conditioned or delayed). For purposes of determining compliance with this Section 7.13, in the event that a payment meets the criteria of more than one of the categories of payments described above, the Company may, in its sole discretion, classify or later divide, classify or reclassify all or a portion of such payment or any portion thereof in a manner that complies with this Section 7.13 and will only be required to include the amount and type of such payment in one or more of the above clauses.
Target Indebtedness. Exhibits and Schedules AGREEMENT AND PLAN OF MERGER ---------------------------- This AGREEMENT AND PLAN OF MERGER (this "Agreement") is dated as of March 14, 2006, by and among Crimson Exploration, Inc., a corporation organized under the laws of Delaware ("Crimson"), Crimson Exploration Operating, Inc., a corporation organized under the laws of Delaware ("Crimson Sub"), Core Natural Resources, Inc., a corporation organized under the laws of Texas ("Target"), and all of Target's stockholders as set forth on the signature page to this Agreement ("Stockholders" or "stockholders of Target" or words of similar import).
Target Indebtedness. Section 2.32 of the Target Disclosure Schedule contains a true, complete and correct list of (a) all obligations of Target for borrowed money or with respect to deposits or advances of any kind, (b) all obligations of Target evidenced by bonds, debentures, notes or similar instruments, (c) all obligations of Target upon which interest charges are customarily paid, (d) all obligations of Target under conditional sale or other title retention agreements relating to property or assets purchased by Target, (e) all obligations of Target issued or assumed as the deferred purchase price of property or services, (f) all indebtedness of others secured by (or for which the holder of such indebtedness has an existing right, contingent or otherwise, to be secured by) any pledge, claim, lien, charge, use restriction, encumbrance or security interest of any kind or nature whatsoever (a “Lien”) on property owned or acquired by Target, whether or not the obligations secured thereby have been assumed, (g) all Guarantees (as hereinafter
Target Indebtedness. Section 3.27 of the Target Disclosure Schedule contains a true, complete and correct list of all of Debt as well as all amounts outstanding under the Letters of Credit. Other than obligations of Target under Debt and Letters of Credit, Target has no (a) obligations for borrowed money or with respect to deposits or advances of any kind, (b) obligations evidenced by bonds,
Target Indebtedness. The long-term obligations (including current ------------------- portion) of Target of the type recorded on the Most Recent Balance Sheet under the caption "Long-term obligations" shall not be more than $20 million.
Target Indebtedness. The outstanding indebtedness of ------------------- Target to Xxxxx Fargo Bank N.A. shall be assumed by Acquiror which will cause the personal guarantees to be released or shall be paid in full by Acquiror on the Closing Date.
Target Indebtedness. The outstanding indebtedness of Target to ------------------- Bank of Boston and the outstanding indebtedness of Target to Elbit Limited ("ELBIT") shall be paid off by FLIR at Closing.
