Total Indebtedness. Create, incur, assume, or suffer to exist, or permit any of its Subsidiaries to create, incur or suffer to exist, any Indebtedness, except:
(i) Obligations owing to Agent or any Lender under this Agreement or any of the other Loan Documents;
(ii) Indebtedness evidenced by the Subordinated Bonds and the other Subordinated Bond Documents (each as in effect as of the date hereof or as modified in compliance with subsection 8.2.6, subject to clause (xiii) below), so long as such Indebtedness remains subordinated to the Obligations pursuant to the subordination provisions provided for in the Subordinated Bonds;
(iii) Indebtedness evidenced by the Secured Bonds and the other Secured Bond Documents, each as in effect as of the date hereof or as modified in compliance with subsection 8.2.6 (subject to clause (xiii) below);
(iv) Indebtedness, including without limitation Subordinated Debt and intercompany indebtedness, existing as of the date of this Agreement and listed on Exhibit 8.2.3;
(v) Capitalized Lease Obligations and Permitted Purchase Money Indebtedness not to exceed in the aggregate at any time outstanding the greater of (x) $10,000,000 or (y) the amount that is equal to 3% of Tangible Assets (measured at the time of the incurrence of any such Capitalized Lease Obligations or Permitted Purchase Money Indebtedness), in each case less the amount of any refinancing Capitalized Lease Obligations and Permitted Purchase Money Indebtedness outstanding pursuant to clause (xiii) below; provided, that no Indebtedness may be incurred pursuant to this clause (v) in order to finance any part of the purchase price or cost of construction or improvement of the New Mold Line;
(vi) contingent liabilities arising out of endorsements of checks and other negotiable instruments for deposit or collection in the ordinary course of business;
(vii) guaranties of any Indebtedness permitted under this subsection 8.2.3;
(viii) Indebtedness in respect of Intercompany Loans;
(ix) unsecured Derivative Obligations incurred in the ordinary course of business in respect of the Loans hereunder;
(x) [intentionally omitted];
(xi) Indebtedness incurred in the ordinary course of business with respect to surety and appeal bonds, performance bonds and other similar obligations not to exceed $2,000,000 in the aggregate at any time outstanding;
(xii) Indebtedness not included in paragraphs (i) through (xi) above which does not exceed at any time, in the aggregate, $15,000,000;
(xiii) subject to t...
Total Indebtedness. Create, incur, assume, or suffer to exist, or permit any Subsidiary of any Borrower to create, incur or suffer to exist, any Indebtedness, except:
(i) Obligations owing to Agent and Lenders;
(ii) Indebtedness, including, without limitation, BET Subordinated, Debt existing on the date of this Agreement and listed on Exhibit 8.2.3;
(iii) Permitted Purchase Money Indebtedness;
(iv) contingent liabilities arising out of endorsements of checks and other negotiable instruments for deposit or collection in the ordinary course of business;
(v) guaranties of any Indebtedness permitted hereunder;
(vi) Indebtedness in respect of Intercompany loans permitted under subsection 8.2.2(v);
(vii) obligations to pay Rentals permitted by subsection 8.2.18;
(viii) to the extent not included above, trade payables, accruals and accounts payable in the ordinary course of business (in each case to the extent not overdue) not for Money Borrowed;
(ix) Replacement Subordinated Debt; and
(x) Indebtedness not included in paragraphs (i) through (ix) above which does not exceed at any time, in the aggregate, the sum of Five Hundred Thousand Dollars ($500,000).
Total Indebtedness. Create, incur, assume, or suffer to exist, or permit any Subsidiary of any Borrower to create, incur or suffer to exist, any Indebtedness, except:
Total Indebtedness. Subsection 8.2.3 of the Loan Agreement is hereby deleted and the following is inserted in its stead:
Total Indebtedness. Borrower shall not create, incur, assume, or suffer to exist, or permit any Subsidiary to create, incur or suffer to exist, any Indebtedness, except:
(a) the Obligations; (b) Subordinated Debt; (
Total Indebtedness. Create, incur, assume, or suffer to exist, ------------------ or permit any Subsidiary of any Borrower to create, incur or suffer to exist, any Indebtedness, except:
(i) Obligations owing to Agent and Lenders;
(ii) Indebtedness, including, without limitation, Bayview Subordinated Debt, existing on the date of this Agreement and listed on Exhibit 8.2.3;
(iii) Permitted Purchase Money Indebtedness;
(iv) contingent liabilities arising out of endorsements of checks and other negotiable instruments for deposit or collection in the ordinary course of business;
(v) guaranties of any Indebtedness permitted hereunder;
(vi) Indebtedness in respect of Intercompany loans permitted under subsection 8.2.2(v);
(vii) obligations to pay Rentals permitted by subsection 8.2.18;
(viii) to the extent not included above, trade payables, accruals and accounts payable in the ordinary course of business (in each case to the extent not overdue) not for Money Borrowed;
(ix) Replacement Subordinated Debt; and
(x) Indebtedness not included in paragraphs (i) through (ix) above which does not exceed at any time, in the aggregate, the sum of Five Hundred Thousand Dollars ($500,000).
Total Indebtedness. 25 8.2.4 Affiliate Transactions............................................................. 26 8.2.5 Limitation on Liens................................................................ 26 8.2.6 [Intentionally omitted]............................................................ 27 8.2.7 Distributions...................................................................... 27
Total Indebtedness. At no time shall the principal amount of the indebtedness secured by this Mortgage, excluding sums advanced to protect the security of this Mortgage, exceed the original amount of the Note.
Total Indebtedness. (1) The aggregate principal amount of the following Indebtedness of the Borrower and the Restricted Subsidiaries outstanding as of such date:(4)
(a) all obligations for borrowed money or with respect to deposits or advances of any kind $
(b) all obligations evidenced by bonds, debentures, notes or similar instruments $
(c) all obligations in respect of the deferred purchase price of property or services (excluding trade accounts payable and other accrued obligations, in each case incurred in the ordinary course of business) $
(d) all Capital Lease Obligations $ plus to the extent the underlying obligation is of a type describe in subclause (a) through (d) hereof:
(e) 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 the Borrower or the Restricted Subsidiaries $
(f) all Guarantees by the Borrower or the Restricted Subsidiaries of Indebtedness of others $
(2) Unrestricted Cash as of such date not to exceed $75,000,000 $
Total Indebtedness. Permit the aggregate amount of Indebtedness of the Obligors to exceed $67,000,000 outstanding at any time (excluding PIK Notes issued after the Closing in respect of the Notes and notes issued in lieu of payment of cash interest with respect to the Existing Senior Secured Notes and the Subordinated Notes).
