Limitation on Contingent Obligations. Create, incur, assume or suffer to exist any Contingent Obligation except:
(a) guarantees by New Holdings or any Restricted Subsidiaries of obligations to third parties made in the ordinary course of business in connection with relocation of employees of New Holdings or any of its Restricted Subsidiaries;
(b) guarantees by the Group Members incurred in the ordinary course of business for an aggregate amount not to exceed $30,000,000 at any one time;
(c) existing Contingent Obligations described in Schedule 8.4 including any extensions or renewals thereof;
(d) Contingent Obligations of New Holdings or any of its Restricted Subsidiaries in respect of any foreign currency exchange contracts, interest rate swap arrangements or other derivative contracts or transactions, other than any such contracts, arrangements or transactions entered into by New Holdings or any of its Restricted Subsidiaries for speculative purposes;
(e) Contingent Obligations of any Subsidiary Guarantor pursuant to the Guarantee and Collateral Agreement;
(f) guarantees by the Group Members of (i) Indebtedness of the Group Members permitted under Section 8.2 (other than clause (f) thereof) and (ii) obligations (other than Indebtedness) of the Group Members not prohibited hereunder; provided that (i) any guarantee by New Holdings or a Restricted Subsidiary of Indebtedness of a Restricted Subsidiary that is not a Borrower or Subsidiary Guarantor shall only be permitted to the extent permitted by Section 8.7(b) and (ii) with respect to any guarantee by a Borrower or a Subsidiary Guarantor, if the Indebtedness so guaranteed is subordinated in right of payment to the Obligations, such guarantee shall be subordinated in right of payment to the guarantee of the Obligations on terms at least as favorable on the whole to the Lenders as those contained in the documentation governing the Indebtedness being guaranteed;
(g) guarantees by New Holdings or any Restricted Subsidiary of Indebtedness of joint ventures of New Holdings or any of its Restricted Subsidiaries in an aggregate amount, when taken together with any loans, advances, acquisitions and Investments made pursuant to Section 8.7(m), not to exceed $25,000,000; and
(h) guarantees by New Holdings or any Restricted Subsidiary of Indebtedness permitted under Section 8.2(f), so long as such guarantee is Indebtedness that is permitted by the terms of such Section.
Limitation on Contingent Obligations. 63 7.3 Limitation on Fundamental Changes.............................. 63 7.4 Limitation on Capital Expenditures............................. 64 7.5 Limitation on Acquisitions, Investments, Loans and Advances....
Limitation on Contingent Obligations. Create, incur, assume or suffer ------------------------------------ to exist any Contingent Obligation except guarantees made in the ordinary course of its business by the Borrower of obligations of any of its Subsidiaries or Affiliates, provided those obligations are otherwise permitted under this Agreement.
Limitation on Contingent Obligations. Create, incur, assume or suffer to exist any Contingent Obligation except:
(a) guarantees of obligations to third parties made in the ordinary course of business in connection with relocation of employees of the Company or any of its Subsidiaries;
(b) guarantees by the Company and its Subsidiaries incurred in the ordinary course of business for an aggregate amount not to exceed $75,000,000 at any one time; provided, however, that any such guarantee granted by a Subsidiary shall only be given in accordance with Section 9.15 hereof;
(c) Contingent Obligations existing on the Existing Credit Agreement Effective Date and described in Schedule 9.4 including any extensions or renewals thereof;
(d) Contingent Obligations in respect of derivative contracts;
(e) Contingent Obligations pursuant to the Credit Documents;
(f) guarantees by the Company of (i) Indebtedness of its Subsidiaries permitted under Section 9.2(g) and (ii) other obligations of Subsidiaries not prohibited hereunder; and
(g) guarantees by any Subsidiary of Indebtedness and other obligations of the Company or any Subsidiary; provided that the Indebtedness or obligations so guaranteed is either permitted pursuant to Section 9.2 or not prohibited hereunder; and provided further that any such guarantees shall only be given in accordance with Section 9.15 hereof.
Limitation on Contingent Obligations. The Borrower shall not create, incur, assume or suffer to exist any Guarantee.
Limitation on Contingent Obligations. Agree to, or assume, guarantee, endorse or otherwise in any way be or become responsible or liable for, directly or indirectly, any Contingent Obligation except for (i) those created or contemplated by the Loan Documents, and (ii) Contingent Obligations in respect of any Affiliate of the Borrower.
Limitation on Contingent Obligations. Create, incur, assume or suffer to exist any Contingent Obligation except:
(a) the Guarantees;
(b) other guarantees by the Company incurred in the ordinary course of business for an aggregate amount not to exceed $20,000,000 at any one time;
(c) guarantees by the Company of obligations of its Subsidiaries;
(d) Contingent Obligations existing on the Closing Date and described in Schedule 8.3(d); 73 68
(e) guarantees of obligations to third parties in connection with relocation of employees of the Company or any of its Subsidiaries, in an amount which, together with all loans and advances made pursuant to subsection 8.6(f), shall not exceed $4,000,000 at any time outstanding;
(f) Contingent Obligations in connection with workers' compensation obligations and general liability exposure of the Company and its Subsidiaries; and
(g) subordinated guarantees of the Permanent Subordinated Debt issued by Subsidiaries of the Company which have also issued Guarantees, provided such subordinated guarantees are subordinated to the Guarantees on the same basis as the Permanent Subordinated Debt is subordinated to the Loans;
(h) guarantees by the Company of loans to employees of the Company and its Subsidiaries, the proceeds of which are used to purchase stock of Holdings, in an aggregate amount not to exceed, when added to the amount of loans made by the Company to employees pursuant to subsection 8.6(g), at any one time outstanding $8,000,000; and
(i) guarantees by the Company of loans to employees of the Company and its Subsidiaries, the proceeds of which are used for travel and other ordinary expenses for which advances to employees are generally made, in an aggregate amount not to exceed, when added to the amount of loans made by the Company to employees pursuant to subsection 8.6(i), at any one time outstanding $1,000,000.
Limitation on Contingent Obligations. Assume, guarantee, indorse or otherwise in any way be or become responsible or liable for the obligations of any Person (all such transactions being herein called "guarantees"), whether by agreement to purchase or repurchase obligations, or by agreement to supply funds for the purpose of paying, or enabling such entity to pay, any obligations (whether through purchasing stock, making a loan, advance or capital contributions or by means or agreeing to maintain or cause such Person to maintain, a minimum working capital or net worth of any such Person, or otherwise) in an aggregate amount exceeding $1,000,000, provided, however, that the aggregate amount permitted under this Section 8.3 and Section 8.5(h) and (k) of this Agreement shall not exceed $2,000,000 with respect to any one Person and $2,500,000 in the aggregate at any time, except (a) guarantees by endorsement of instruments for deposit or collection in the ordinary course of business, and (b) guarantees in respect of indebtedness of Subsidiaries, provided that the indebtedness in respect of which such guarantees are given is permitted by subsection 8.1 hereof; and guarantees in favor of the Banks.
Limitation on Contingent Obligations. The Company will not, nor ------------------------------------ will it permit any Subsidiary to, create, incur, assume, guarantee, endorse or otherwise in any way be or become responsible or liable for, directly or indirectly, or suffer to exist Contingent Obligations in an aggregate amount for the Company and its Subsidiaries in excess of $200,000,000; provided, that such amount shall not include the F&H Guaranty or the reimbursement obligation of the Company in respect of a standby letter of credit issued by Chase for the benefit of General Electric Capital Corporation in an aggregate maximum face amount of up to $100,000,000; and provided, further, that as of any time of determination under this Subsection 8.7, if the aggregate amount of any then outstanding Contingent Obligations of the Company and/or any Subsidiary would be permitted under Subsection 8.3 hereof had the amount of such Contingent Obligations been incurred as Funded Debt, then for the purposes of this Subsection 8.7, only 50% of the amount of such Contingent Obligations shall be counted towards the $200,000,000 limitation.
Limitation on Contingent Obligations. Create, incur, assume or suffer to exist any Contingent Obligation except:
(a) guarantees of obligations to third parties made in the ordinary course of business in connection with relocation of employees of the Company or any of its Subsidiaries;
(b) guarantees by the Company and its Subsidiaries incurred in the ordinary course of business for an aggregate amount not to exceed $50,000,000 at any one time;
(c) existing Contingent Obligations and described in Schedule 13.4 including any extensions or renewals thereof;
(d) Contingent Obligations in respect of derivatives contracts permitted by subsection 13.11;
(e) Contingent Obligations pursuant to the Subsidiary Guarantees; and
(f) guarantees by the Company of (i) Indebtedness of its Subsidiaries permitted under subsection 13.2(h) and (ii) other obligations of Subsidiaries not prohibited hereunder.
