Prepayments of Other Indebtedness. Modifications of Organizational Documents; Material Indebtedness and Other Documents, etc.; Limitation on Overadvances 70 SECTION 6.12 Limitation on Certain Restrictions on Subsidiaries 70 SECTION 6.13 Limitation on Issuance of Capital Stock 71 SECTION 6.14 Limitation on Creation of Subsidiaries 71 SECTION 6.15 Business 71 SECTION 6.16 Fiscal Year 72 SECTION 6.17 No Further Negative Pledge 72 SECTION 6.18 Anti-Terrorism Law; Anti-Money Laundering 72 SECTION 6.19 Limitation on Use of Stock Proceeds to Prepay Loans 72 SECTION 6.20 Availability Under First Lien Credit Agreement 72 SECTION 6.21 Swap Agreements 73 SECTION 6.22 LTB as Passive Holding Company 73 ARTICLE VII GUARANTEE SECTION 7.01 The Guarantee 73 SECTION 7.02 Obligations Unconditional 73 SECTION 7.03 Reinstatement 75 SECTION 7.04 Subrogation; Subordination 75 SECTION 7.05 Remedies 75 SECTION 7.06 Instrument for the Payment of Money 75 SECTION 7.07 Continuing Guarantee 75 SECTION 7.08 General Limitation on Guarantee Obligations 75 SECTION 7.09 Release of Subsidiary Guarantors 75 SECTION 7.10 Right of Contribution 76
Prepayments of Other Indebtedness. Modifications of Organizational Documents, Acquisition and Certain Other Documents, etc. 109 Section 6.12 Limitation on Certain Restrictions on Subsidiaries 109 Section 6.13 Limitation on Issuance of Capital Stock 110 Section 6.14 Limitation on Creation of Subsidiaries 111 Section 6.15 Business 111 Section 6.16 Limitation on Accounting Changes 111 Section 6.17 Fiscal Periods 111 Section 6.18 No Further Negative Pledge 111 Section 6.19 Anti-Terrorism Law; Anti-Money Laundering 111 Section 6.20 Embargoed Person 112 Section 6.21 Health Care Matters 112 ARTICLE VII GUARANTEE 112 Section 7.01 The Guarantee 112 Section 7.02 Obligations Unconditional 113 Section 7.03 Reinstatement 114 Section 7.04 Subrogation; Subordination 114 Section 7.05 Remedies 114 Section 7.06 Instrument for the Payment of Money 114 Section 7.07 Continuing Guarantee 114 Section 7.08 General Limitation on Guarantee Obligations 114
Prepayments of Other Indebtedness. (a) Make any distribution, whether in cash, property, securities or a combination thereof, other than regular scheduled payments of principal and interest as and when due (to the extent not prohibited by applicable subordination provisions), in respect of, or pay, or commit to pay, or directly or indirectly (including pursuant to any Synthetic Purchase Agreement) redeem, repurchase, retire or otherwise acquire for consideration, or set apart any sum for the aforesaid purposes, any Indebtedness (other than Indebtedness in respect of the ASC Guarantee) except (i) the payment of the Indebtedness created hereunder or under the ABL Facility, (ii) refinancings of Permitted Indebtedness with Permitted Refinancing Indebtedness, (iii) payments of the SVU 2016 Notes (A) with proceeds of borrowings under the ABL Facility (including any Permitted Refinancing Indebtedness with respect thereto) (provided, that the ABL Facility or such Permitted Refinancing Indebtedness with respect thereto has a final maturity date at least six months after the Latest Maturity Date), (B) so long as no Default or Event of Default shall have occurred and be continuing, with the Net Cash Proceeds of a Xxxxx Sale that are not required to be applied to prepay Loans hereunder pursuant to Section 2.13 or prepay loans or cash collateralize letters of credit under the ABL Facility and (C) so long as no Default or Event of Default shall have occurred and be continuing, with other sources of cash that are not required to be applied to prepay Loans hereunder or prepay loans or cash collateralize letters of credit under the ABL Facility, (iv) the payment of secured Indebtedness that becomes due as a result of the voluntary sale or transfer of the property or assets securing such Indebtedness, (v) [Reserved], (vi) payments in an aggregate amount when combined with all Restricted Payments made pursuant to Section 6.06(iii) not to exceed $175,000,000 and (vii) other payments of Indebtedness in an aggregate amount not to exceed the Cumulative Credit Amount; provided that, in the case of clauses (vi) and (vii), (A) at the time of such payment, both before and after giving effect thereto, no Default or Event of Default shall have occurred and be continuing and (B) the Borrower shall have delivered a certificate of a Responsible Officer, certifying as to the satisfaction of the foregoing clause (A), and containing reasonably detailed calculations certifying as to compliance with the remaining availability ...
Prepayments of Other Indebtedness. Modifications of Organizational Documents and Other Documents, etc. SECTION 6.12 Limitation on Certain Restrictions on Subsidiaries SECTION 6.13 Limitation on Issuance of Capital Stock SECTION 6.14 Limitation on Creation of Subsidiaries SECTION 6.15 Business SECTION 6.16 [Reserved]
Prepayments of Other Indebtedness. Modifications of Organizational Documents and Other Documents, etc........ 90 SECTION 6.12 Limitation on Certain Restrictions on Subsidiaries....... 90 SECTION 6.13 Limitation on Issuance of Capital Stock.................. 91 SECTION 6.14 Limitation on Creation of Subsidiaries................... 91 SECTION 6.15 Business................................................. 92 SECTION 6.16 Limitation on Accounting Changes......................... 92 SECTION 6.17 Fiscal Year.............................................. 92 SECTION 6.18
Prepayments of Other Indebtedness. Modifications of Organizational Documents and Other Documents, etc..........85
Prepayments of Other Indebtedness. The Credit Parties shall not, directly or indirectly, voluntarily purchase, redeem, defease or prepay any principal of, premium, if any, interest or other amount payable in respect of any Subordinated Debt other than intercompany Indebtedness expressly permitted under Section 5.1(c).
Prepayments of Other Indebtedness. Modifications of Organizational Documents and Other Documents, etc. 125 SECTION 6.12 Limitation on Certain Restrictions on Subsidiaries 127 SECTION 6.13 Limitation on Issuance of Capital Stock 128 SECTION 6.14 Limitation on Creation of Subsidiaries 129 SECTION 6.15 Business 129 SECTION 6.16 Limitation on Accounting Changes 129 SECTION 6.17 Fiscal Year 129 SECTION 6.18 Lease Obligations 129 SECTION 6.19 No Further Negative Pledge 129 SECTION 6.20 Anti-Terrorism Law; Anti-Money Laundering 130 SECTION 6.21 Embargoed Persons 130 SECTION 6.22 Tax Shelter Reporting 131 ARTICLE VII. GUARANTEE 131 SECTION 7.01 The Guarantee 131 SECTION 7.02 Obligations Unconditional 132 SECTION 7.03 Reinstatement 133 SECTION 7.04 Subrogation; Subordination 133 SECTION 7.05 Remedies 133 SECTION 7.06 Instrument for the Payment of Money 134 SECTION 7.07 Continuing Guarantee 134 SECTION 7.08 General Limitation on Guarantee Obligations 134 SECTION 7.09 Release of Guarantors 134 SECTION 7.10 Certain Tax Matters 134 SECTION 7.11 German Guarantor 135 SECTION 7.12 Swiss Guarantors 137 SECTION 7.13 Irish Guarantor 138
Prepayments of Other Indebtedness. (a) None of the Credit Parties or their Subsidiaries will amend or modify any of the terms of any Permitted Junior Indebtedness of any Credit Party or any Subsidiary if such amendment or modification would add or change any terms in a manner adverse to any Credit Party or any Subsidiary, or shorten the final maturity or average life to maturity or require any payment to be made sooner than originally scheduled or increase the interest rate applicable thereto.
(b) Except with respect to the initial incurrence of any Refinancing Indebtedness or Permitted Refinancing Indebtedness, none of the Credit Parties or their Subsidiaries will make (or give any notice with respect thereto) any voluntary or optional payment or prepayment or redemption or acquisition for value of (including by way of depositing money or securities with the trustee with respect thereto before due for the purpose of paying when due), refund, refinance or exchange of any Permitted Junior Indebtedness (each, a “Junior Indebtedness Payment”) except for (i) provided no Default or Event of Default then exists or would be caused thereby, Junior Indebtedness Payments in an amount of up to (A) when taken together with all Restricted Payments made under Section 8.6(b) in the same year, $75,000,000 annually, if the Consolidated Total Leverage Ratio for the four (4) quarter period most recently ended is less than 2.75 to 1.0 or (B) when taken together with all Restricted Payments made under Section 8.6(b) in the same year, $50,000,000 annually, if the Consolidated Total Leverage Ratio for the four (4) quarter period most recently ended is greater than or equal to 2.75 to 1.0 and (ii) in the case of the giving of notice with respect to any such voluntary prepayment, redemption, acquisition for value, refund, refinance or exchange, any such notice given in connection with the repayment in full of all Obligations and the termination of the Commitments.
Prepayments of Other Indebtedness. Modifications of Certificate of Incorporation, Other Constitutive Documents or By-Laws and Certain Other Agreements, etc.
(i) Make (or give any notice in respect thereof) any voluntary or optional payment or prepayment on or redemption or acquisition for value of, or any prepayment or redemption as a result of any asset sale, change of control or similar event of, any Subordinated Indebtedness, except as otherwise permitted by this Agreement; (ii) cause or permit any other obligation (other than the Obligations and the Guaranteed Obligations) to constitute Designated Senior Debt (or any similar term), as defined in the documents governing any such Subordinated Indebtedness; (iii) amend or modify, or permit the amendment or modification, assignment or license of any Transaction Document (including, without limitation, all documents relating to the Equity Financing) in each case except for amendments or modifications which are not in any way adverse in any material respect to the interests of the Lenders; or (iv) amend, modify or change the articles of incorporation or other constitutive documents (including by the filing or modification of any certificate of designation) or by-laws of Borrower and the Subsidiaries, or any agreement entered into by them, with respect to their capital stock (including any shareholders’ agreement), or enter into any new agreement with respect to their capital stock, other than any amendments, modifications, agreements or changes pursuant to this clause (iv) which do not in any way materially adversely affect in any material respect the interests of the Lenders.
