Xxxxx Indebtedness definition

Xxxxx Indebtedness means the Indebtedness of Borrower owed to Xxxxx in accordance with the Xxxxx Lot Sale Contract, the Builders’ Deed of Trust, and the Subordination Agreement.
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Xxxxx Indebtedness means all outstanding indebtedness owed by Borrower under the Xxxxx Loan Documents.
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Xxxxx Indebtedness has the meaning set forth in the Asset Purchase Agreement.
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Examples of Xxxxx Indebtedness in a sentence

  • Notwithstanding anything herein to the contrary, each Investor acknowledges that the Company may, out of other funds received by the Company after the date hereof from the exercise of outstanding warrants, repay the Xxxxx Indebtedness in excess of the Xxxxx Repayment Amount provided that in no event, during the period that at least, in the aggregate, $500,000, of Notes are outstanding shall the Company repay Xxxxxx X.

  • The Company shall not (a) incur any indebtedness that is subordinate or junior in right of payment to the Xxxxx Indebtedness and senior in any respect (including by virtue of being secured in any manner) in right of payment to this Note or (b) issue any class of capital stock that is mandatorily redeemable prior to the final maturity date of this Note.

  • Borrower will not permit any “default” or “event of default” to occur under (i) the Xxxxxx Indebtedness, the M/I Homes Indebtedness, the Highland Indebtedness, the Xxxxx Indebtedness, or the Xxxxxx Xxxxx Indebtedness, or (ii) any other documents evidencing any Indebtedness if the same may have a material adverse effect on Borrower, the Mortgaged Property, or Borrower’s ability to repay the Loan.

  • Xxxxx Indebtedness or the Yorkville Indebtedness (each as defined in the Note).

  • Such Tangible Net Worth requirements set forth above shall be increased by fifty percent (50%) of the net proceeds from issuances of equity securities of the Borrower and/or Subordinated Debt (other than the Xxxxx Indebtedness) issued or incurred after the Effective Date.

  • Debtor and Junior Lender agree that the Subordinated Debt is and shall be subordinate, to the extent and in the manner hereinafter set forth, to the prior payment in full of all Xxxxx Indebtedness.

  • Subject to the conditions set forth in Section 5, the Bank hereby waives the Event of Default under Section IV(c)(i) of the Credit Agreement due to the incurrence by the Parent of the Xxxxx Indebtedness pursuant to terms and conditions of the Settlement Agreement.

  • Buyer shall cause the Company to pay the Xxxxx Indebtedness in accordance with the terms of the Xxxxx Agreement until December 31, 2006 and on January 1, 2007, Buyer shall cause the Company to pay the remaining balance due under such Agreement to Xx. Xxxxx.

  • As of the Closing, (i) the aggregate principal amount of Senior Foris Indebtedness is not more than $41,400,000, (ii) the aggregate principal amount of Indebtedness under Naxyris LSA is not more than $21,000,000, (iii) the aggregate principal amount of Xxxxxx Xxxxx Indebtedness is not more than $60,000,000; and (iv) the aggregate amount of Indebtedness to Lavvan, Inc.

  • Furthermore, the undersigned hereby waive Borrower's compliance with any provision of the Loan Agreement or any other Loan Document, which, if enforced, would prohibit the incurrence of the Xxxxxxx Xxxxx Indebtedness and the creation of the Xxxxxxx Xxxxx Xxxx or constitute a Default or an Event of Default under the Loan Agreement or any other Loan Document solely as a result of the incurrence of the Xxxxxxx Xxxxx Indebtedness and the creation of the Xxxxxxx Xxxxx Xxxx.


More Definitions of Xxxxx Indebtedness

Xxxxx Indebtedness means Old Xxxxx Indebtedness and New Xxxxx Indebtedness.
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Xxxxx Indebtedness means all obligations of Debtor now or hereafter existing under the Xxxxx Note whether for principal, interest (including, without limitation, interest, as provided in the Xxxxx Note, accruing after the filing of a petition initiating any proceeding referred to in Section 2.2(a), whether or not such interest accrues after the filing of such petition for purposes of the Bankruptcy Code or is an allowed claim in such proceeding), fees, expenses or otherwise.
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Xxxxx Indebtedness means the Indebtedness of the Xxxxx Subsidiaries set forth on Schedule 1.01(b).
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Xxxxx Indebtedness means all Indebtedness of the Xxxxx Companies.
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Related to Xxxxx Indebtedness

  • Refinance Indebtedness has the meaning assigned to such term in Section 6.01(f).

  • Indebtedness means, as to any Person at a particular time, without duplication, all of the following, whether or not included as indebtedness or liabilities in accordance with GAAP:

  • Unsecured Indebtedness means Indebtedness which is not Secured Indebtedness.

  • Company Indebtedness means (a) indebtedness for borrowed money of the Company and its Subsidiaries, (b) obligations of the Company and its Subsidiaries evidenced by notes, bonds, debentures or other similar instruments or by letters of credit agreements, including purchase money obligations or other obligations relating to the deferred purchase price of property and (c) direct or indirect guarantees by the Company or any of its Subsidiaries of indebtedness for borrowed money of any Person.

  • Consolidated First Lien Indebtedness means Consolidated Indebtedness that is secured by a first priority Lien (other than Permitted Liens) on assets of any Borrower or Restricted Subsidiary.

  • Permitted Indebtedness means, without duplication, each of the following:

  • Subordinated Indebtedness means any Indebtedness of the Borrower or any Restricted Subsidiary the payment of which is subordinated to payment of the obligations under the Loan Documents.

  • Permitted Convertible Indebtedness means unsecured Indebtedness of any Loan Party that is convertible into common shares of the Company (or other reference property in accordance with the terms of such Indebtedness) (and cash in lieu of fractional shares) and/or cash (in an amount determined by reference to the price of such common shares or such other reference property) which may be incurred once during the term of this Agreement; provided, that such Permitted Convertible Indebtedness (a) does not mature earlier than the date that is 181 days after the 2022 Revolving Termination Date and 2022 Term A Maturity Date, (b) does not provide for any scheduled amortization payments, mandatory prepayment, mandatory redemption or mandatory repurchase (other than upon a change of control, fundamental change, customary asset sale or event of loss mandatory offers to purchase and customary acceleration rights after an event of default and, for the avoidance of doubt, rights to convert or exchange) prior to the maturity date of such Indebtedness, (c) contains covenants, events of default, guarantees and other terms (other than interest rates, rate floors, fees and optional prepayment or optional redemption terms), when taken as a whole, not more favorable to the lenders or investors providing such Permitted Convertible Indebtedness, as the case may be, than those set forth in the Loan Documents are with respect to the Lenders and (d) the Net Cash Proceeds of which are substantially concurrently used to repay outstanding Term A Loans, Term A-1 Loans and Revolving Credit Loans with an equivalent permanent reduction in the Revolving Credit Commitments (on a pro rata basis based on the outstanding amount of Term A Loans, Term A-1 Loans and Revolving Credit Commitments) or are segregated or otherwise subject to an escrow arrangement, in each case, for a period not to exceed 11 months and in a manner reasonably satisfactory to the Administrative Agent for such purpose described in this clause (d).