Certain Other Indebtedness Clause Samples

Certain Other Indebtedness. The Borrower will not, nor will it permit any of its Subsidiaries to, purchase, redeem, retire or otherwise acquire for value, or set apart any money for a sinking, defeasance or other analogous fund for, the purchase, redemption, retirement or other acquisition of, or make any voluntary payment or prepayment of the principal of or interest on, or any other amount owing in respect of, any Other Debt (or make any offer in respect of any of the foregoing), except: (a) for regularly scheduled payments of principal and interest in respect thereof required pursuant to the instruments evidencing such Other Debt, subject to, in the case of any Subordinated Debt, the subordination provisions applicable thereto; and (b) to the extent permitted under any of Sections 7.07(k), (l), (m), (n) and (o); provided that no Default shall have occurred and be continuing at the time of such purchase, redemption, retirement or other acquisition or defeasance or would result therefrom.
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Certain Other Indebtedness. (a) Permit any waiver, supplement, modification, amendment, termination or release of any indenture, instrument or agreement pursuant to which any Senior Notes, any other Permitted Senior Indebtedness or any Permitted Subordinated Indebtedness is outstanding if the effect of such waiver, supplement, modification, amendment, termination or release would materially impair the value of the interest or rights of any Loan Party thereunder or would materially impair the rights or interests of the Agent or any Lender, other than any termination thereof in connection with the payment in full of all obligations thereunder in accordance with the terms of this Agreement (including, without limitation, Section 6.09(b) hereof). (b) Prepay, redeem, purchase, defease or otherwise satisfy prior to the scheduled maturity thereof in any manner (it being understood that payments of regularly scheduled interest shall be permitted) any Senior Notes, any other Permitted Senior Indebtedness or any Permitted Subordinated Indebtedness or make any payment in violation of any subordination terms of any Permitted Subordinated Indebtedness (collectively, “Restricted Prepayments”), except: (i) the refinancing thereof with net cash proceeds of (A) in the case of Permitted Subordinated Indebtedness, any issuance of Qualified Capital Stock or other Permitted Subordinated Indebtedness, and (B) in the case of the Senior Notes or any other Permitted Senior Indebtedness, any issuance of Qualified Capital Stock, Permitted Subordinated Indebtedness or other Permitted Senior Indebtedness; (ii) the conversion of any Permitted Subordinated Indebtedness, any Senior Notes or any other Permitted Senior Indebtedness to Qualified Capital Stock; (iii) so long as (A) no Default or Event of Default shall have occurred and be continuing or would result therefrom and (B) no Revolving Loans are outstanding at such time, Restricted Prepayments in an amount, in the case of each such Restricted Prepayment, up to the portion, if any, of the Available Retained Basket Amount on the date of such Restricted Prepayment that the Borrower elects to apply to this Section 6.09(b)(iii), such election to be specified in a written notice of a Financial Officer of the Borrower calculating in reasonable detail the amount of the Available Retained Basket Amount immediately prior to such election and the amount thereof elected to be so applied (which amount shall, upon such application, increase the Available Retained Basket Us...
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Certain Other Indebtedness. Not less than two business days prior to the Closing Date, Holdings shall deliver to Buyer payoff letters from third-party lenders or trustees, as applicable, in form and substance reasonably satisfactory to Buyer, with respect to all Indebtedness of the Company required to be identified on Schedule 3.10(c) or entered into after the date hereof. Such payoff letters shall correctly specify the amount, including any applicable premiums or fees and expenses, necessary to repay such Indebtedness and completely discharge the obligations of the Group with respect thereto. At Closing, Buyer shall provide to the Company or cause the Company to obtain (whether through the Financing or use of cash on hand) the aggregate amount necessary to make such repayment and discharge, and shall cause the Company or another Group Member to discharge such Indebtedness in accordance with the delivery instructions provided in such payoff letters. The amount of such Indebtedness to be repaid at Closing is referred to as the “Closing Debt Amount” and, together with the Tender Amount, the “Debt Payment Amount”.
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Certain Other Indebtedness. The Borrower will not (i) enter into any new Bank Loan Facility with an aggregate principal amount in excess of $100,000,000 having a maturity date prior to the Maturity Date or (ii) modify, amend or refinance any Bank Loan Facility with an aggregate principal amount in excess of $100,000,000 existing on the Closing Date, the effect of which is to shorten the maturity date of such Debt to a date prior to the Maturity Date.
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Certain Other Indebtedness. The Borrower will not, nor will it permit any of its Subsidiaries to, purchase, redeem, retire or otherwise acquire for value, or set apart any money for a sinking, defeasance or other analogous fund for, the purchase, redemption, retirement or other acquisition of, or make any voluntary payment or prepayment of the principal of or interest on, or any other amount owing in respect of, any Subordinated Indebtedness or any Senior Notes, except for: (a) regularly scheduled payments of principal and interest in respect thereof required pursuant to the instruments evidencing such Indebtedness; and (b) the purchase, redemption, retirement or other acquisition or defeasance of any Subordinated Indebtedness or Senior Notes (together with any premium and accrued interest payable therein), provided that no Default shall have occurred and be continuing at the time of such purchase, redemption, retirement or other acquisition or defeasance or would result therefrom.
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Certain Other Indebtedness. Section 7.12(c) of the Existing Credit Agreement shall be amended in its entirety to read as follows:
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Certain Other Indebtedness. Bond Issue
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Certain Other Indebtedness. The Borrower has revised its estimate of the aggregate amount of payments required to be made by Coram and its Subsidiaries on a consolidated basis in respect of Earn-out Obligations and notes representing the deferred purchase price of prior acquisitions (collectively, the "SPECIFIED OTHER INDEBTEDNESS") from the estimate included in the Fourth Amendment Projections (as defined in the Amended Agreement) such that the amount the Borrower now estimates to be paid in connection with such Specified Other Indebtedness, measured on a cumulative basis from the Fourth Amendment Effective Date to the Revolving Maturity Date, is $3,700,000 and hereby covenants and agrees that the aggregate amount of cash payments (whether for principal, interest or otherwise) in respect of all such Specified
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Related to Certain Other Indebtedness

  • Default on Other Indebtedness A default shall occur (i) in the payment when due (subject to any applicable grace period), whether by acceleration or otherwise, of any Indebtedness, other than Indebtedness described in Section 8.1.1, of the Borrower or any of its Subsidiaries or any other Obligor having a principal amount, individually or in the aggregate, in excess of $3,000,000, or (ii) a default shall occur in the performance or observance of any obligation or condition with respect to such Indebtedness if the effect of such default is to accelerate the maturity of any such Indebtedness or such default shall continue unremedied for any applicable period of time sufficient to permit the holder or holders of such Indebtedness, or any trustee or agent for such holders, to cause such Indebtedness to become due and payable prior to its expressed maturity.

  • Prepayments of Other Indebtedness Modifications of Organizational Documents and Other Documents, etc. 95 SECTION 6.12 Limitation on Certain Restrictions on Subsidiaries 96 SECTION 6.13 Business 96 SECTION 6.14 Fiscal Year 96 SECTION 6.15 No Further Negative Pledge 96 SECTION 6.16 Anti-Terrorism Law; Anti-Money Laundering 97 SECTION 6.17 Embargoed Person 97 SECTION 7.01 The Guarantee 98 SECTION 7.02 Obligations Unconditional 98 SECTION 7.03 Reinstatement 99 SECTION 7.04 Subrogation; Subordination 99 SECTION 7.05 Remedies 99 SECTION 7.06 Instrument for the Payment of Money 99 SECTION 7.07 Continuing Guarantee 100 SECTION 7.08 General Limitation on Guarantee Obligations 100 SECTION 7.09 Release of Guarantors 100 SECTION 8.01 Events of Default 100 SECTION 9.01 Application of Proceeds 103 SECTION 10.01 Appointment 103 SECTION 10.02 Agent in Its Individual Capacity 104 SECTION 10.03 Exculpatory Provisions 104 SECTION 10.04 Reliance by Agent 104 SECTION 10.05 Delegation of Duties 104 SECTION 10.06 Successor Agent 105 SECTION 10.07 Non-Reliance on Agent and Other Lenders 105 SECTION 10.08 Name Agents 105 SECTION 10.09 Indemnification 105 SECTION 11.01 Notices 106 SECTION 11.02 Waivers; Amendment 107 SECTION 11.03 Expenses; Indemnity 110 SECTION 11.04 Successors and Assigns 112 SECTION 11.05 Survival of Agreement 114 SECTION 11.06 Counterparts; Integration; Effectiveness 114 SECTION 11.07 Severability 114 SECTION 11.08 Right of Setoff 115 SECTION 11.09 Governing Law; Jurisdiction; Consent to Service of Process 115 SECTION 11.10 Waiver of Jury Trial 115 SECTION 11.11 Headings 116 SECTION 11.12 Confidentiality 116 SECTION 11.13 Interest Rate Limitation 116 SECTION 11.14 Lender Addendum 117 Annex I Amortization Table Schedule 1.01(a) Mortgaged Property Schedule 1.01(b) Refinancing Indebtedness to Be Repaid Schedule 1.01(c) Subsidiary Guarantors Schedule 1.01(d) Selected Quarterly Adjusted EBITDA Schedule 3.03 Governmental Approvals; Compliance with Laws Schedule 3.05(a) Properties Schedule 3.05(b) Real Property Schedule 3.06(a) Intellectual Property Schedule 3.06(c) Intellectual Property: Violations or Proceedings Schedule 3.07(a) Subsidiaries Schedule 3.07(c) Corporate Organizational Chart Schedule 3.08 Litigation; compliance with Laws Schedule 3.18 Environmental Matters Schedule 3.19 Insurance Schedule 3.24 Location of Material Inventory Schedule 4.01(g) Local Counsel Schedule 4.01(n)(vi) Landlord Access Agreements Schedule 4.01(o)(iii) Title Insurance Amounts Schedule 6.01(b) Existing Indebtedness Schedule 6.02(c) Existing Liens Schedule 6.04(b) Existing Investments Exhibit A Form of Administrative Questionnaire Exhibit B Form of Assignment and Assumption Exhibit C Form of Borrowing Request Exhibit D Form of Compliance Certificate Exhibit E Form of Interest Election Request Exhibit F Form of Joinder Agreement Exhibit G Form of Landlord Access Agreement Exhibit H Form of LC Request Exhibit I Form of Lender Addendum Exhibit J-1 Form of Mortgage Exhibit J-2 Form of Leasehold Mortgage Exhibit K-1 Form of Term Note Exhibit K-2 Form of Revolving Note Exhibit K-3 Form of Swingline Note Exhibit L Form of Perfection Certificate Exhibit M Form of Security Agreement Exhibit N-1 Form of Opinion of Company Counsel Exhibit N-2 Form of Opinion of Local Counsel Exhibit O Form of Solvency Certificate Exhibit P Form of Intercompany Note Exhibit Q Form of Non-Bank Certificate This CREDIT AGREEMENT (this “Agreement”) dated as of May 27, 2004, among LEINER MERGER CORPORATION, a Delaware corporation (“Mergeco” or, prior to the Merger (as defined below), the “Borrower”), L▇▇▇▇▇ HEALTH PRODUCTS INC., a Delaware corporation (“LHPI” or, following the Merger, the “Borrower”), the Guarantor, the Subsidiary Guarantors (such term and each other capitalized term used but not defined herein having the meaning given to it in Article I), the Lenders, UBS SECURITIES LLC and M▇▇▇▇▇ S▇▇▇▇▇▇ SENIOR FUNDING, INC., as joint lead arrangers and joint book-runners (in such capacity, each an “Arranger”) M▇▇▇▇▇ S▇▇▇▇▇▇ SENIOR FUNDING, INC., as syndication agent (in such capacity, “Syndication Agent”), CREDIT SUISSE FIRST BOSTON, as documentation agent (in such capacity, “Documentation Agent”), UBS LOAN FINANCE LLC, as swingline lender (in such capacity, “Swingline Lender”), and UBS AG, STAMFORD BRANCH, as issuing bank (in such capacity, “Issuing Bank”), as administrative agent (in such capacity, “Administrative Agent”) for the Lenders and as collateral agent (in such capacity, “Collateral Agent”) for the Secured Parties and the Issuing Bank.

  • No Other Indebtedness On the Closing Date and after giving effect to the transactions contemplated hereby, none of the Loan Parties nor any of their Subsidiaries have any Indebtedness other than Indebtedness permitted under Section 8.1.

  • Prepayment of Other Indebtedness, Etc The Credit Parties will not permit any Consolidated Party to (a) if any Default or Event of Default has occurred and is continuing or would be directly or indirectly caused as a result thereof, (i) amend or modify any of the terms of any Indebtedness of such Consolidated Party if such amendment or modification would add or change any terms in a manner adverse to such Consolidated Party, 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, or (ii) except for the exchange of the Subordinated Notes for (A) the Subordinated Remarketed Notes or (B) notes with identical terms as the Subordinated Remarketed Notes registered pursuant to the registration rights agreement attached as an exhibit to the Subordinated Note Purchase Agreement, make (or give any notice with respect thereto) any voluntary or optional payment or prepayment or redemption or acquisition for value of (including without limitation, 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 other Indebtedness of such Consolidated Party, (b) amend or modify any of the terms of any Subordinated Indebtedness if such amendment or modification would add or change any terms in a manner adverse to the Consolidated Parties, or shorten the final maturity or average life to maturity thereof or require any payment to be made sooner than originally scheduled or increase the interest rate applicable thereto or change any subordination provision thereof, (c) make interest payments (including payment of accrued interest and premium, if any, payable in connection with a redemption of any Subordinated Indebtedness permitted under this Section 8.8) or any other payments in respect of any Subordinated Indebtedness in violation of the subordination provisions of the documents evidencing or governing such Subordinated Indebtedness or (d) except for the exchange of the Subordinated Notes for (A) the Subordinated Remarketed Notes or (B) notes with identical terms as the Subordinated Remarketed Notes registered pursuant to the registration rights agreement attached as an exhibit to the Subordinated Note Purchase Agreement, make (or give any notice with respect thereto) any voluntary or optional payment or prepayment, redemption, acquisition for value or defeasance of (including without limitation, 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 Subordinated Indebtedness.

  • Defaults in Other Agreements or Indebtedness A default or event of default shall occur at any time under the terms of any other agreement involving borrowed money or the extension of credit or any other Indebtedness under which any Loan Party or Subsidiary of any Loan Party may be obligated as a borrower or guarantor in excess of $1,000,000 in the aggregate, and such breach, default or event of default consists of the failure to pay (beyond any period of grace permitted with respect thereto, whether waived or not) any indebtedness when due (whether at stated maturity, by acceleration or otherwise) or if such breach or default permits or causes the acceleration of any indebtedness (whether or not such right shall have been waived) or the termination of any commitment to lend;