Common use of Total Indebtedness Clause in Contracts

Total Indebtedness. Create, incur, assume, or suffer to exist, or permit any Subsidiary of Borrower to create, incur or suffer to exist, any Indebtedness, except: (i) Obligations owing to Lender; (ii) Subordinated Debt existing on the date of this Agreement; (iii) Indebtedness of any Subsidiary of Borrower to Borrower; (iv) accounts payable to trade creditors and current operating expenses (other than for Money Borrowed and current trade creditors in the ordinary course of business) which are not aged more than one hundred twenty (120) days from billing date or more than sixty (60) days from the due date, in each case incurred in the ordinary course of business and paid within such time period, unless the same are being actively contested in good faith and by appropriate and lawful proceedings; and Borrower or such Subsidiary shall have set aside such reserves, if any, with respect thereto as are required by GAAP and deemed adequate by Borrower or such Subsidiary and its independent accountants; (v) [Omitted.]; (vi) Permitted Purchase Money Indebtedness; (vii) contingent liabilities arising out of endorsements of checks and other negotiable instruments for deposit or collection in the ordinary course of business; and (viii) Indebtedness not included in paragraphs (i) through (vii) above which does not exceed at any time, in the aggregate, the sum of $25,000.00.

Total Indebtedness. Create, incur, assume, or suffer to exist, or permit any Subsidiary of Borrower to create, incur or suffer to exist, exist any Indebtedness, except: (i) Obligations owing to Lender;; 47 (ii) Subordinated Debt existing on the date of this AgreementDebt; (iii) Indebtedness of any Subsidiary of Borrower to Borrower; (iv) accounts payable to trade creditors and current operating expenses (other than for Money Borrowed and current trade creditors in the ordinary course of businessBorrowed) which are not aged more than one hundred twenty (120) 90 days from billing date or more than sixty (60) 30 days from the due date, in each case incurred in the ordinary course of business and paid within such time period, unless the same are being actively contested in good faith and by appropriate and lawful proceedings; and Borrower or such Subsidiary shall have set aside such reserves, if any, with respect thereto as are required by GAAP and deemed adequate by Borrower or such Subsidiary and its independent accountants; (viv) [Omitted.]Obligations to pay Rentals permitted by subsection 8.2.13; (viv) Permitted Purchase Money Indebtedness; (viivi) contingent liabilities arising out of endorsements of checks and other negotiable instruments for deposit or collection in the ordinary course of business; (vii) taxes, assessments and governmental charges or levies which are not delinquent or which are being contested in good faith and for which, in accordance with GAAP, adequate reserves have been set aside on the books of Borrower; 48 (viii) billing in excess of costs; and (viiiix) Indebtedness not included in paragraphs (i) through (vii) above which does not exceed at any time, in the aggregate, the sum of $25,000.00200,000.

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: (i) Obligations owing to Lender; (ii) Subordinated Debt existing on the date of this Agreement; (iii) Indebtedness of any Subsidiary of any Borrower to such Borrower; (iv) accounts payable to trade creditors and current operating expenses (other than for Money Borrowed and current trade creditors in the ordinary course of businessBorrowed) which are not aged more than one hundred twenty (120) 60 days from billing date or more than sixty (60) 30 days from the due date, in each case incurred in the ordinary course of business and paid within such time period, unless the same are being actively contested in good faith and by appropriate and lawful proceedings; and Borrower or such Subsidiary shall have set aside such reserves, if any, with respect thereto as are required by GAAP and deemed adequate by Borrower or such Subsidiary and its independent accountants; (v) [Omitted.]Obligations to pay Rentals permitted by subsection 8.2.13; (vi) Permitted Purchase Money Indebtedness; (vii) contingent liabilities arising out of endorsements of checks and other negotiable instruments for deposit or collection in the ordinary course of business; and (viii) Indebtedness not included in paragraphs (i) through (vii) above which does not exceed at any time, in pursuant to the aggregate, the sum of $25,000.00Securitization Documents.

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 Lender; (ii) Subordinated Debt existing on the date of this Agreement; (iii) Indebtedness of any Subsidiary of any Borrower to such Borrower; (iv) accounts payable to trade creditors and current operating expenses (other than for Money Borrowed and current trade creditors in the ordinary course of businessBorrowed) which are not aged more than one hundred twenty (120) 60 days from billing date or more than sixty (60) 30 days from the due date, in each case incurred in the ordinary course of business and paid within such time period, unless the same are being actively contested in good faith and by appropriate and lawful proceedings; and Borrower or such Subsidiary shall have set aside such reserves, if any, with respect thereto as are required by GAAP and deemed adequate by Borrower or such Subsidiary and its independent accountants; (v) [Omitted.]Obligations to pay Rentals permitted by subsection 8.2.13; (vi) Permitted Purchase Money Indebtedness; (vii) contingent liabilities arising out of endorsements of checks and other negotiable instruments for deposit or collection in the ordinary course of business; and (viii) Indebtedness not included in paragraphs (i) through (vii) above which does not exceed at any time, in pursuant to the aggregate, the sum of $25,000.00Securitization Documents.

Total Indebtedness. Create, incur, assume, or suffer to exist, or permit any Subsidiary of Borrower to create, incur or suffer to exist, any Indebtedness, except: (i) Obligations owing to LenderAgent and/or Lenders; (ii) Subordinated Debt existing on the date of this Agreement; (iii) Indebtedness of Borrower to any Subsidiary of Borrower to Borrower; (iv) accounts payable to trade creditors and current operating expenses (other than for Money Borrowed and current trade creditors in the ordinary course of businessBorrowed) which are not aged more than one hundred twenty (120) 90 days from billing date or more than sixty (60) 30 days from the due date, in each case incurred in the ordinary course of business and paid within such time period, unless the same are being actively contested in good faith and by appropriate and lawful proceedings; and Borrower or such Subsidiary shall have set aside such reserves, if any, with respect thereto as are required by GAAP and deemed adequate by Borrower or such Subsidiary and its independent accountants; (v) [Omitted.]Obligations to pay Rentals permitted by subsection 8.2.12; (vi) Permitted Purchase Money IndebtednessIndebtedness in an aggregate amount not to exceed $200,000 (excluding capitalized leases); (vii) contingent liabilities arising out of endorsements of checks and other negotiable instruments for deposit or collection in the ordinary course of business; and (viii) Indebtedness not included in paragraphs (i) through (vii) above which does not exceed at any time, in the aggregate, the sum of $25,000.001,000,000.

Total Indebtedness. Create, incur, assume, or suffer to exist, or permit any Subsidiary of Borrower to create, incur or suffer to exist, any Indebtedness, except: (i) Obligations owing to Lender; (ii) Subordinated Debt existing on the date of this Agreement; (iii) Indebtedness of any Subsidiary of Borrower to Borrower; (iv) accounts payable to trade creditors and current operating expenses (other than for Money Borrowed and current trade creditors in the ordinary course of businessBorrowed) which are not aged more than one hundred twenty (120) days from billing date or more than sixty thirty (6030) days from the due date, in each case incurred in the ordinary course of business and paid within such time period, unless the same are being actively contested in good faith and by appropriate and lawful proceedings; and Borrower or such Subsidiary shall have set aside such reserves, if any, with respect thereto as are required by GAAP and deemed adequate by Borrower or such Subsidiary and its independent accountants; (v) [Omitted.]Obligations to pay Rentals permitted by SUBSECTION 8.2.13; (vi) Permitted Purchase Money Indebtedness; (vii) contingent liabilities arising out of endorsements of checks and other negotiable instruments for deposit or collection in the ordinary course of business; and (viii) Indebtedness not included in paragraphs (iI) through (viiVII) above which does not exceed at any time, in the aggregate, the sum of $25,000.0025,000.

Total Indebtedness. Create, incur, assume, or suffer to exist, or permit any Subsidiary of Borrower to create, incur or suffer to exist, any Indebtedness, except: (i) Obligations owing to Lender; (ii) Subordinated Debt existing on the date of this Agreement; (iii) Indebtedness of any Subsidiary of Borrower to Borrower; (iv) accounts payable to trade creditors and current operating expenses (other than for Money Borrowed and current trade creditors in the ordinary course of businessBorrowed) which are not aged more than one hundred twenty (120) days from billing date or more than sixty thirty (6030) days from the due date, in each case incurred in the ordinary course of business and paid within such time period, unless the same are being actively contested in good faith and by appropriate and lawful proceedings; and Borrower or such Subsidiary shall have set aside such reserves, if any, with respect thereto as are required by GAAP and deemed adequate by Borrower or such Subsidiary and its independent accountants; (v) [Omitted.]Obligations to pay Rentals permitted by Section 8.2.13; (vi) Permitted Purchase Money Indebtedness; (vii) contingent liabilities arising out of endorsements of checks and other negotiable instruments for deposit or collection in the ordinary course of business; and (viii) Indebtedness not included in paragraphs (i) through (vii) above owing to credit card companies which does not exceed at any time, in the aggregate, the sum of $25,000.00750,000.