Common use of Borrowings and Guaranties Clause in Contracts

Borrowings and Guaranties. Borrower shall not, nor shall it permit any Subsidiary (other than any Affiliated Entity or Project Specific JV constituting, in either case, an Excluded Subsidiary) to, issue, incur, assume, create or have outstanding any Indebtedness for Borrowed Money, incur, create or have outstanding other contingent obligations (including earn- outs) or incur liabilities for interest rate, currency, or commodity cap, collar, swap, or similar hedging arrangements, or be or become liable as endorser, guarantor, surety or otherwise for any debt, obligation or undertaking of any other Person, or otherwise agree to provide funds for payment of the obligations of another, or supply funds thereto or invest therein or otherwise assure a creditor of another against loss, or apply for or become liable to the issuer of a letter of credit which supports an obligation of another, or subordinate any claim or demand it may have to the claim or demand of any other Person; provided, that the foregoing shall not restrict nor operate to prevent: (a) the Obligations, Hedging Liability, and Funds Transfer and Deposit Account Liability of Borrower and its Subsidiaries owing to Administrative Agent and the Lenders (and their Affiliates), including any extensions, refinancings, modifications, amendments and restatements thereof; (b) purchase money indebtedness and Capitalized Lease Obligations of Borrower and its Subsidiaries in an amount not to exceed $60,000,000 in the aggregate at any one time outstanding; (

Borrowings and Guaranties. Borrower shall notNone of the Borrowers shall, nor shall it they permit any Subsidiary (other than any Affiliated Entity or Project Specific JV constituting, in either case, an Excluded Subsidiary) of their respective Subsidiaries to, issue, incur, assume, create or have outstanding any Indebtedness for Borrowed Money, incur, create or have outstanding other contingent obligations (including earn- outs) or incur liabilities for interest rate, currency, or commodity cap, collar, swap, or similar hedging arrangementsIndebtedness, or be or become liable as endorser, guarantor, surety or otherwise for any debt, obligation or undertaking of any other Person, or otherwise agree to provide funds for payment of the obligations of another, or supply funds thereto or invest therein or otherwise assure a creditor of another against loss, or apply for or become liable to the issuer of a letter of credit which supports an obligation of another, or subordinate any claim or demand it may have to the claim or demand of any other Person; provided, however, that the foregoing shall not restrict nor operate to prevent: (a) the Obligations, Hedging Liability, and Funds Transfer and Deposit Account Liability of Borrower and its Subsidiaries owing to Administrative Agent and the Lenders (and their Affiliates), including any extensions, refinancings, modifications, amendments and restatements thereof; (b) purchase money indebtedness and indebtedness, Capitalized Lease Obligations or other indebtedness of Borrower LoJack and its Subsidiaries in an amount not to exceed the Dollar Equivalent of $60,000,000 2,000,000 in the aggregate at any one time outstanding; (c) obligations arising out of non-speculative interest rate, foreign currency, and commodity hedging agreements entered into with financial institutions in the ordinary course of business; (d) endorsement of items for deposit or collection of commercial paper received in the ordinary course of business; (e) intercompany advances from time to time owing by any Guarantor to LoJack or another Guarantor or Borrower, or owing by LoJack or any Guarantor to any Borrower;

Borrowings and Guaranties. Borrower shall not, nor shall it permit any Subsidiary (other than any Affiliated Entity or Project Specific JV constituting, in either case, an Excluded Subsidiary) to, not issue, incur, assume, create or have outstanding any Indebtedness indebtedness for Borrowed Money, incur, create or have outstanding other contingent obligations (including earn- outs) or incur liabilities for interest rate, currency, or commodity cap, collar, swap, or similar hedging arrangementsborrowed money, or be or become liable as endorser, guarantor, surety or otherwise for any debt, obligation or undertaking of any other Person, or otherwise agree to provide funds for payment of the obligations of another, or supply funds thereto or invest therein or otherwise assure a creditor of another against loss, or apply for or become liable to the issuer of a letter of credit which supports an obligation of another, or subordinate (other than in the ordinary course of business) any claim or demand it may have to the claim or demand of any other Person; provided, however, that the foregoing shall not restrict nor operate to prevent: : (a) the Obligations, Obligations and any Hedging Liability, and Funds Transfer and Deposit Account Liability Arrangements of Borrower and its Subsidiaries owing to Administrative Agent and the Lenders (and their Affiliates), including any extensions, refinancings, modifications, amendments and restatements thereof; Lender; (b) purchase money endorsement of items for deposit or collection of commercial paper received in the ordinary course of business; (c) obligations arising in connection with Permitted Liens; or (d) unsecured indebtedness up to One Hundred Thousand and Capitalized Lease Obligations of Borrower and its Subsidiaries in an amount not to exceed 00/100 Dollars ($60,000,000 100,000.00) in the aggregate outstanding at any one time outstanding; (time.

Borrowings and Guaranties. Borrower shall not, nor shall it permit any Subsidiary (other than any Affiliated Entity or Project Specific JV constituting, in either case, an Excluded Subsidiary) to, issue, incur, assume, create or have outstanding any Indebtedness for Borrowed Money, incur, create or have outstanding other contingent obligations (including earn- outs) or incur liabilities for interest rate, currency, or commodity cap, collar, swap, or similar hedging arrangements, or be or become liable as endorser, guarantor, surety or otherwise for any debt, obligation or undertaking of any other Person, or otherwise agree to provide funds for payment of the obligations of another, or supply funds thereto or invest therein or otherwise assure a creditor of another against loss, or apply for or become liable to the issuer of a letter of credit which supports an obligation of another, or subordinate any claim or demand it may have to the claim or demand of any other Person; provided, that the foregoing shall not restrict nor operate to prevent: (a) the Obligations, Hedging Liability, and Funds Transfer and Deposit Account Liability of Borrower and its Subsidiaries owing to Administrative Agent and the Lenders (and their Affiliates), including any extensions, refinancings, modifications, amendments and restatements thereof; (b) purchase money indebtedness and Capitalized Lease Obligations of Borrower and its Subsidiaries in an amount not to exceed $60,000,000 in the aggregate at any one time outstanding; (;

Borrowings and Guaranties. The Borrower shall not, nor shall it permit any Subsidiary (other than any Affiliated Entity or Project Specific JV constituting, in either case, an Excluded Subsidiary) to, not issue, incur, assume, create or have outstanding any Indebtedness for Borrowed Money, incur, create or have outstanding other contingent obligations (including earn- outs) or incur liabilities for interest rate, currency, or commodity cap, collar, swap, or similar hedging arrangementsIndebtedness, or be or become liable as endorser, guarantor, surety or otherwise for any debt, obligation Indebtedness or undertaking of any other Person, or otherwise agree to provide funds for payment of the obligations of another, or supply funds thereto or invest therein or otherwise assure a creditor of another against loss, or apply for or become liable to the issuer of a letter of credit which supports an obligation of another, or subordinate any claim or demand it may have to the claim or demand of any other Person; provided, however, that the foregoing shall not restrict nor operate to prevent: : (a) the Obligations, Hedging Liability, Secured Obligations (and Funds Transfer and Deposit Account Liability any guarantees of such obligations) of the Borrower owing to the Bank (and its Subsidiaries owing to Administrative Agent and the Lenders (and their Affiliates), including any extensions, refinancings, modifications, amendments and restatements thereof; ; (b) purchase money indebtedness and Capitalized Lease Obligations intercompany advances from time to time owing between the Loan Parties, in each case, in the ordinary course of business; (c) any guarantee or financial assistance by the Borrower and to any of its Subsidiaries in shareholders, officers, employees, related companies, commercial entities or any other Person but only up to an aggregate amount not to exceed $60,000,000 in the aggregate exceeding CDN$5,000,000 at any one time outstandingtime; and (d) Indebtedness secured by Permitted Liens.

Borrowings and Guaranties. The Borrower shall not, nor shall it permit any Subsidiary (other than any Affiliated Entity or Project Specific JV constituting, in either case, an Excluded Subsidiary) to, issue, incur, assume, create create, or have outstanding any Indebtedness for Borrowed Money, incur, create or have outstanding other contingent obligations (including earn- outs) or incur liabilities for interest rate, currency, or commodity cap, collar, swap, or similar hedging arrangements, or be or become liable as endorser, guarantor, surety surety, or otherwise for any debt, obligation obligation, or undertaking of any other Person, or otherwise agree to provide funds for payment of the obligations of another, or supply funds thereto or invest therein or otherwise assure a creditor of another against loss, or apply for or become liable to the issuer of a letter of credit which supports an obligation of another, or subordinate any claim or demand it may have to the claim or demand of any other Person; provided, however, that the foregoing shall not restrict nor operate to prevent: : (a) the Obligations, Hedging Liability, and Funds Transfer and Deposit Account Liability Obligations of the Borrower and its Subsidiaries owing to Administrative Agent the Bank under the Loan Documents and other indebtedness and obligations of such Persons owing to the Lenders (and their Affiliates), including any extensions, refinancings, modifications, amendments and restatements thereof; Bank; (b) purchase money indebtedness and Capitalized Lease Obligations of the Borrower and its Subsidiaries in an amount not to exceed $60,000,000 $ in the aggregate at any one time outstanding; ; (c) endorsement of items for deposit or collection of commercial paper received in the ordinary course of business; (d) Non-Recourse Debt consented to in writing by the Bank (not to be unreasonably withheld);

Borrowings and Guaranties. The Borrower shall not, nor shall it permit any Subsidiary (other than any Affiliated Entity or Project Specific JV constituting, in either case, an Excluded Subsidiary) to, not issue, incur, assume, create create, or have outstanding any Indebtedness for Borrowed Money, incur, create or have outstanding other contingent obligations (including earn- outs) or incur liabilities for interest rate, currency, or commodity cap, collar, swap, or similar hedging arrangements, or be or become liable as endorser, guarantor, surety surety, or otherwise for any debt, obligation obligation, or undertaking of any other Person, or otherwise agree to provide funds for payment of the obligations of another, or supply funds thereto or invest therein or otherwise assure a creditor of another Person against loss, or apply for or become liable to the issuer of a letter of credit which supports an obligation of Person another, or subordinate any claim or demand it may have to the claim or demand of any other Person; provided, however, that the foregoing shall not restrict nor operate to prevent: : (a) the Obligations, Hedging Liability, and Funds Transfer and Deposit Account Liability Obligations of the Borrower and its Subsidiaries owing to Administrative Agent the Bank under the Loan Documents and other indebtedness and obligations of the Lenders (and their Affiliates), including any extensions, refinancings, modifications, amendments and restatements thereof; Borrower owing to the Bank; (b) purchase money endorsement of items for deposit or collection of commercial paper received in the ordinary course of business; (c) indebtedness and Capitalized Lease Obligations of Borrower and its Subsidiaries to the Surety Policy Provider in an connection with the Insurance Agreement; and (d) Debt not otherwise permitted hereby, provided that the aggregate principal amount thereof shall not to exceed $60,000,000 in the aggregate at any one time outstanding; (200,000.