Additional Incurrence Capacity Clause Samples

Additional Incurrence Capacity. Notwithstanding anything to the contrary in this Article VII, upon the receipt of a Nexstar Designation Letter, the Borrower may incur Lien, Indebtedness or Investment, as applicable, in an amount up to the amount of Lien, Indebtedness or Investment, as applicable, set forth in such Nexstar Designation Letter; provided (a) that the Borrower shall otherwise comply with the restrictions set forth in the applicable provision in the Nexstar Credit Agreement and (b) (x) such Liens or Indebtedness incurred pursuant to this Section 7.17, in each case do not exceed the amount otherwise permitted to be incurred under Section 7.01(y) and Section 7.02(w) of the Nexstar Credit Agreement, as applicable, and (y) such Investments incurred pursuant to this Section 7.17 do not exceed $100,000,000 of the amount permitted to be incurred under Section 7.03(w) of the Nexstar Credit Agreement. To the extent applicable, the incurrence of any Lien, Indebtedness or Investment pursuant to this Section 7.17 shall be otherwise deemed to be permitted under the other Sections of this Article VII.
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Additional Incurrence Capacity. Notwithstanding anything to the contrary in this Article VII, upon the receipt of a Nexstar Designation Letter, the Borrower may incur Lien, Indebtedness or Investment, as applicable, in an amount up to the amount of Lien, Indebtedness or Investment, as applicable, set forth in such Nexstar Designation Letter; provided (a) that the Borrower shall otherwise comply with the restrictions set forth in the applicable provision in the Nexstar Credit Agreement and (b) such Liens or Indebtedness incurred pursuant to this Section 7.17, in each case do not exceed the amount otherwise permitted to be incurred under Section 7.01(y) and Section 7.02(w) of the Nexstar Credit Agreement, as applicable. To the extent applicable, the incurrence of any Lien, Indebtedness or Investment pursuant to this Section 7.17 shall be otherwise deemed to be permitted under the other Sections of this Article VII.
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Related to Additional Incurrence Capacity

  • Stockholder Capacity No Person executing this Agreement who is or becomes during the term hereof a director or officer of the Company shall be deemed to make any agreement or understanding herein in his or her capacity as such director or officer. Stockholder signs solely in his, her or its capacity as the beneficial owner of the Subject Shares and nothing herein shall limit or prohibit Stockholder or any of its Representatives, in his or her capacity as an officer or director of the Company, from taking any action or failing to take any action in such capacity.

  • INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party.