Existing Indebtedness; Future Liens. (a) Schedule 5.14 sets forth a complete and correct list of all outstanding Indebtedness of the Company as of March 31, 2010 (including a description of the obligors and obligees, principal amount outstanding and collateral therefor, if any, and Guaranty thereof, if any). Since March 31, 2010, there has been no material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company. The Company is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any of its Indebtedness and no event or condition exists with respect to any of its Indebtedness that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment. (b) The Company has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.5. (c) The Company is not a party to, nor otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company.
Appears in 3 contracts
Sources: Note Purchase Agreement (InfraREIT, Inc.), Note Purchase Agreement (InfraREIT, Inc.), Note Purchase Agreement (InfraREIT, Inc.)
Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.14 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company Parties as of March 31September 30, 2010 2015 (including a description descriptions of the obligors and obligees, principal amount outstanding amounts outstanding, any collateral therefor and collateral thereforany Guaranties thereof), if any, and Guaranty thereof, if any). Since March 31, 2010, since which date there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Companysuch Indebtedness. The No Company Party is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness the Company Party and no event or condition exists with respect to any Indebtedness of its Indebtedness the Company Parties that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Except as disclosed in Schedule 5.15, none of the Company Parties has not agreed or consented to cause or permit any of its property, whether now owned or hereafter acquired, to be subject to a Lien that secures Indebtedness or to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.5that secures Indebtedness.
(c) The None of the Company Parties is not a party to, nor or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the CompanyCompany Party, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational documentOrganization Document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company, except as disclosed in Schedule 5.15.
Appears in 3 contracts
Sources: Note Purchase Agreement (Pebblebrook Hotel Trust), Note Purchase Agreement (Pebblebrook Hotel Trust), Note Purchase Agreement (Pebblebrook Hotel Trust)
Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.14 8.15 hereto sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of March 31August 24, 2010 2011 (including a description of the obligors and obligees, principal amount outstanding and collateral therefor, if any, and Guaranty guaranty thereof, if any). Since March 31, 2010, since which date there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the CompanyCompany or its Subsidiaries. The Neither the Company nor any Subsidiary is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness the Company or any Subsidiary and no event or condition exists with respect to any Indebtedness of its Indebtedness the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Except as disclosed in Schedule 8.15 hereto, neither the Company nor any Subsidiary has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.510.4 of the Note Purchase Agreement.
(c) The Neither the Company nor any Subsidiary is not a party to, nor or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the CompanyCompany or such Subsidiary, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company, except as specifically indicated in Schedule 8.15 hereto.
Appears in 2 contracts
Sources: Master Note Purchase Agreement, Master Note Purchase Agreement (Perrigo Co)
Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.14 8.15 hereto sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of March 31April 30, 2010 (pro forma to show the consummation of (i) the Acquisition and (ii) the transactions contemplated by this First Supplement) (including a description of the obligors and obligees, principal amount outstanding and collateral therefor, if any, and Guaranty guaranty thereof, if any). Since March 31, 2010, since which date there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the CompanyCompany or its Subsidiaries. The Neither the Company nor any Subsidiary is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness the Company or any Subsidiary and no event or condition exists with respect to any Indebtedness of its Indebtedness the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Except as disclosed in Schedule 8.15 hereto, neither the Company nor any Subsidiary has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.510.4 of the Note Purchase Agreement.
(c) The Neither the Company nor any Subsidiary is not a party to, nor or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the CompanyCompany or such Subsidiary, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company, except as specifically indicated in Schedule 8.15 hereto.
Appears in 2 contracts
Sources: Master Note Purchase Agreement, Master Note Purchase Agreement (Perrigo Co)
Existing Indebtedness; Future Liens. (a) Schedule 5.14 5.16 sets forth a complete and correct list of all outstanding Indebtedness of the Company Company, each Member, New Owner and New Operator as of March 31, 2010 (including a description of the obligors and obligees, principal amount outstanding and collateral therefor, if any, and Guaranty thereof, if any). Since March 31, 2010, there has been no material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company, a Member, New Owner or New Operator. The Company None of the Company, a Member, New Owner or New Operator is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any of its Indebtedness and no event or condition exists with respect to any of its Indebtedness that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Company has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.5.
(c) The Company is not a party to, nor otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company, other than the 2009 Note Agreement and the RBC Agreement.
Appears in 2 contracts
Sources: Note Purchase Agreement (InfraREIT, Inc.), Note Purchase Agreement (InfraREIT, Inc.)
Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.14 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Restricted Subsidiaries in a principal amount of $10,000,000 or greater as of March 31September 30, 2010 2011 (including a description of the obligors and obligees, principal amount outstanding and collateral therefor, if any, and Guaranty Obligations thereof, if any). Since March 31, 2010, since which date there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the CompanyCompany or its Restricted Subsidiaries. The Neither the Company nor any Restricted Subsidiary is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness the Company or such Restricted Subsidiary that is outstanding in an aggregate principal amount of greater than $1,000,000, and no event or condition exists with respect to any such Indebtedness of its Indebtedness the Company or any Restricted Subsidiary, that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Except as disclosed in Schedule 5.15, neither the Company nor any Restricted Subsidiary has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.510.3.
(c) The Neither the Company nor any Subsidiary is not a party to, nor or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the CompanyCompany or such Subsidiary, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company, except as specifically indicated in Schedule 5.15.
Appears in 2 contracts
Sources: Note Purchase Agreement (Intercontinentalexchange Inc), Note Purchase Agreement (Intercontinentalexchange Inc)
Existing Indebtedness; Future Liens. (a) Schedule 5.14 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of March 31June 30, 2010 2013 (including a description of the obligors and obligees, principal amount outstanding and collateral therefor, if any, and Guaranty thereof, if any). Since March 31, 2010, since which date there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the CompanyCompany or its Subsidiaries. The Neither the Company nor any Subsidiary is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of its Indebtedness the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Except as disclosed in Schedule 5.15, neither the Company nor any Subsidiary has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.5Lien.
(c) The Neither the Company nor any Subsidiary is not a party to, nor or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the CompanyCompany or such Subsidiary, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company, except as specifically indicated in Schedule 5.15.
Appears in 2 contracts
Sources: Bond Purchase Agreement (Northwestern Corp), Bond Purchase Agreement (Northwestern Corp)
Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.14 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of March 31, 2010 (including a description of the obligors and obligees2018, principal amount outstanding and collateral therefor, if any, and Guaranty thereof, if any). Since March 31, 2010, since which date there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the CompanyCompany or its Subsidiaries. The Neither the Company nor any Subsidiary is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness the Company or any Subsidiary and no event or condition exists with respect to any Indebtedness of its Indebtedness the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Except as disclosed in Schedule 10.4, neither the Company nor any Subsidiary has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.510.4.
(c) The Neither the Company nor any Subsidiary is not a party to, nor or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the CompanyCompany or such Subsidiary, any agreement relating thereto or any other agreement (including, but not limited to, including its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company, except as specifically indicated in Schedule 5.15.
Appears in 2 contracts
Sources: Master Note Purchase Agreement (Polaris Inc.), Master Note Purchase Agreement (Polaris Industries Inc/Mn)
Existing Indebtedness; Future Liens. (a) Schedule 5.14 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries (other than Indebtedness which does not exceed $5,000,000 in the aggregate and any surety, guaranty or other similar arrangements entered into in the ordinary course of business and not in respect of any borrowed money Indebtedness) as of March 31June 30, 2010 (including a description of the obligors and obligees, principal amount outstanding and collateral therefor, if any, and Guaranty thereof, if any). Since March 31, 2010, ) since which date to the date hereof there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the such Indebtedness of the CompanyCompany or its Subsidiaries. The Neither the Company nor any Subsidiary is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness the Company or such Subsidiary in an unpaid amount in excess of $1,000,000 in each instance or $5,000,000 in the aggregate, and no event or condition exists with respect to any Indebtedness of its Indebtedness the Company or any Subsidiary in an unpaid amount in excess of $1,000,000 in each instance or $5,000,000 in the aggregate, that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Except as disclosed in Schedule 5.15, neither the Company nor any Material Subsidiary has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.5.
(c) The Company is not a party to, nor otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company.
Appears in 2 contracts
Sources: Master Note Purchase Agreement (Arch Chemicals Inc), Master Note Purchase Agreement (Arch Chemicals Inc)
Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.14 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company MLP, the Issuer and its Subsidiaries as of March 31June 30, 2010 (including a description of the obligors and obligees2008, principal amount outstanding and collateral therefor, if any, and Guaranty thereof, if any). Since March 31, 2010, since which date there has been no material Material change in the amountsamounts (other than to the extent of advances under the Credit Agreement), interest rates, sinking funds, installment payments or maturities of the Indebtedness of such Issuer or its Subsidiaries. None of the Company. The Company MLP, the Issuer or any Subsidiary is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness the MLP, the Issuer or any Subsidiary and no event or condition exists with respect to any Indebtedness of its Indebtedness the MLP, the Issuer or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Company Except as disclosed in Schedule 10.1, none of the MLP, the Issuer or any Subsidiary has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.510.1.
(c) The Company Neither the MLP, the Issuer nor any Subsidiary is not a party to, nor or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the CompanyMLP, the Issuer or such Subsidiary, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational documentOrganization Documents) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the CompanyMLP, the Issuer or such Subsidiary, other than the Credit Agreement and the Note Purchase Agreement dated as of the date hereof among the MLP, the Issuer and EPC.
Appears in 2 contracts
Sources: Note Purchase Agreement (El Paso Pipeline Partners, L.P.), Note Purchase Agreement (El Paso Pipeline Partners, L.P.)
Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.14 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company Parent and its Subsidiaries as of March 31November 30, 2010 2018 (including a description descriptions of the obligors and obligees, principal amount outstanding amounts outstanding, any collateral therefor and collateral therefor, if any, and any Guaranty thereof), if any). Since March 31since which date, 2010except as described in Schedule 5.15, there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the CompanyParent or its Subsidiaries except as otherwise noted on the Schedule. The Company No Note Party nor any Subsidiary is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness such Note Party or such Subsidiary with an aggregate principal amount outstanding or available for borrowing in excess of $20,000,000 and no event or condition exists with respect to any such Indebtedness of its Indebtedness any Note Party or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Company Except as permitted under this Agreement, no Note Party nor any Subsidiary has not agreed or consented to cause or permit any of its property, whether now owned or hereafter acquired, to be subject to a Lien that secures Indebtedness or to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.5that secures Indebtedness.
(c) The Company No Note Party nor any Subsidiary is not a party to, nor or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Companysuch Note Party or such Subsidiary, any agreement relating thereto or any other agreement (including, but not limited to, including its charter or any other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Companyany Note Party, except as disclosed in Schedule 5.15.
Appears in 2 contracts
Sources: Note Purchase and Guarantee Agreement (Paychex Inc), Note Purchase and Guarantee Agreement (Paychex Inc)
Existing Indebtedness; Future Liens. (a) Schedule 5.14 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company as of March 31July 10, 2010 2014 (including a description of the obligors and obligees, principal amount outstanding and collateral therefor, if any, and Guaranty guarantee thereof, if any). Since March 31, 2010, since which date there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company. The Company is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness the Company, the outstanding principal amount of which exceeds $1,000,000, and no event or condition exists with respect to any Indebtedness of its Indebtedness the Company, the outstanding principal amount of which exceeds $1,000,000, that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of paymentpayment and that, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.
(b) The Except as disclosed in Schedule 5.15, the Company has not agreed or consented to cause or permit any of its property, whether now owned or hereafter acquired, to be subject to a Lien that secures Indebtedness or to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.510.2.
(c) The Except as disclosed in Schedule 5.15, the Company is not a party to, nor or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company.
Appears in 2 contracts
Existing Indebtedness; Future Liens. (a) Except as described therein and except for intercompany Indebtedness, Schedule 5.14 2 hereto sets forth a complete and correct list of all outstanding material Indebtedness of the Company Parent and its Subsidiaries as of March 31June 1, 2010 (including a description of the obligors and obligees2016, principal amount outstanding and collateral therefor, if any, and Guaranty thereof, if any). Since March 31, 2010, since which date there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the CompanyParent or its Subsidiaries. The Company Neither the Parent nor any Subsidiary is not in default default, and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Parent or its Indebtedness Subsidiaries, and no event or condition exists with respect to any Indebtedness of its Indebtedness that the Parent or any Subsidiary, that, in each case, (i) has existed for such period of time as would permit (or that with notice or after the lapse giving of timeappropriate notice, or both, would permitif required) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of paymentpayment and (ii) would reasonably be expected to have a Material Adverse Effect.
(b) The Company Except as disclosed in Schedule 2, neither the Parent nor any Subsidiary has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.510.2.
(c) The Company Neither the Parent nor any Subsidiary is not a party to, nor or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the CompanyParent or such Subsidiary, any agreement relating thereto or any other agreement (including, but not limited to, its charter or any other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company, except the Bank Credit Agreement and as otherwise specifically indicated in Schedule 2.
Appears in 2 contracts
Sources: Assumption and Exchange Agreement (Waste Connections, Inc.), Assumption and Exchange Agreement (Waste Connections US, Inc.)
Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.14 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company as of March 31December 15, 2010 2011 (including a description of the obligors and obligees, principal amount outstanding and collateral therefor, if any, and Guaranty thereof, if any). Since March 31, 2010, since which date there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company. The Company is not in default default, and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness the Company, and no event or condition exists with respect to any Indebtedness of its Indebtedness the Company that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Except as disclosed in Schedule 5.15, the Company has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.5.
(c) The Company is not a party to, nor or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company, except as specifically indicated in Schedule 5.15.
Appears in 2 contracts
Sources: Note Purchase Agreement (Alabama Gas Corp), Note Purchase Agreement (Alabama Gas Corp)
Existing Indebtedness; Future Liens. (a) Schedule 5.14 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries (other than Indebtedness which does not exceed $5,000,000 in the aggregate and any surety, guaranty or other similar arrangements entered into in the ordinary course of business and not in respect of any borrowed money Indebtedness) as of March 31June 30, 2010 2009 (including a description of the obligors and obligees, principal amount outstanding and collateral therefor, if any, and Guaranty thereof, if any). Since March 31, 2010, ) since which date there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the such Indebtedness of the CompanyCompany or its Subsidiaries. The Neither the Company nor any Subsidiary is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness the Company or such Subsidiary in an unpaid amount in excess of $1,000,000 in each instance or $5,000,000 in the aggregate, and no event or condition exists with respect to any Indebtedness of its Indebtedness the Company or any Subsidiary in an unpaid amount in excess of $1,000,000 in each instance or $5,000,000 in the aggregate, that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Except as disclosed in Schedule 5.15, neither the Company nor any Material Subsidiary has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.5.
(c) The Company is not a party to, nor otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company.
Appears in 2 contracts
Sources: Note Purchase and Private Shelf Agreement (Arch Chemicals Inc), Note Purchase and Private Shelf Agreement (Arch Chemicals Inc)
Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.14 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of March 31, 2010 (including a description of the obligors and obligees, principal amount outstanding and collateral therefor, if any, and Guaranty thereof, if any). Since March 31November 30, 2010, since which date there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the CompanyCompany or its Subsidiaries. The Neither the Company nor any Subsidiary is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness the Company or such Subsidiary, and no event or condition exists with respect to any Indebtedness of its Indebtedness the Company or any Subsidiary, that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Except as disclosed in Schedule 5.15, neither the Company nor any Subsidiary has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.510.4.
(c) The Neither the Company nor any Subsidiary is not a party to, nor or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the CompanyCompany or such Subsidiary, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company, except as specifically indicated in Schedule 5.15.
Appears in 1 contract
Sources: Note Purchase Agreement (International Speedway Corp)
Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.14 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Restricted Subsidiaries as of March December 31, 2010 (including a description of the obligors and obligees2012, principal amount outstanding and collateral therefor, if any, and Guaranty thereof, if any). Since March 31, 2010, since which date there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the CompanyCompany or its Restricted Subsidiaries. The Neither the Company nor any Restricted Subsidiary is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness the Company or any Restricted Subsidiary and no event or condition exists with respect to any Indebtedness of its Indebtedness the Company or any Restricted Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Except as disclosed in Schedule 10.5 or as described in Section 9.7, neither the Company nor any Restricted Subsidiary has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.5.
(c) The Company is not a party to, nor otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company.
Appears in 1 contract
Existing Indebtedness; Future Liens. (a) Schedule 5.14 The Company’s Form 10-K for the fiscal year ended December 31, 2020 sets forth a complete and correct list of all outstanding Indebtedness of the Company as of March December 31, 2010 (including a description of the obligors and obligees2020 prepared in accordance with GAAP, principal amount outstanding and collateral therefor, if any, and Guaranty thereof, if any). Since March 31, 2010, since which date there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the CompanyCompany (excluding commercial paper). The Company is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness the Company and no event or condition exists with respect to any Indebtedness of its Indebtedness the Company that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Company has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.5the Mortgage.
(c) The Except for the Second Amended and Restated Credit Agreement, dated as of August 1, 2011, as amended, among Pepco Holdings LLC, Potomac Electric Power Company, the Company and Atlantic City Electric Company, as Borrowers, the various financial institutions named therein, as Lenders, and ▇▇▇▇▇ Fargo Bank, National Association, as Administrative Agent, the Company is not a party to, nor or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company.
Appears in 1 contract
Sources: Bond Purchase Agreement (Delmarva Power & Light Co /De/)
Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.14 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Significant Subsidiaries as of March December 31, 2010 (including a description of the obligors and obligees, principal amount outstanding and collateral therefor, if any, and Guaranty Guarantee thereof, if any). Since March 31, 2010, since which date there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the CompanyCompany or its Significant Subsidiaries. The Neither the Company nor any Significant Subsidiary is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness the Company or such Significant Subsidiary and no event or condition exists with respect to any Indebtedness of its Indebtedness the Company or any Significant Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Except as disclosed in Schedule 5.15, the Company has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.5Lien, other than a Permitted Lien.
(c) The Neither the Company nor any Subsidiary is not a party to, nor or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the CompanyCompany or such Subsidiary, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company, except as specifically indicated in Schedule 5.15.
Appears in 1 contract
Sources: Master Note Purchase Agreement (Hawaiian Electric Industries Inc)
Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.14 4.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company Guarantor and its Subsidiaries as of March 31June 28, 2010 (including a description of the obligors and obligees2000, principal amount outstanding and collateral therefor, if any, and Guaranty thereof, if any). Since March 31, 2010, since which date there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the CompanyGuarantor or its Subsidiaries. The Company Neither the Guarantor nor any of its Subsidiaries is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Guarantor or any of its Indebtedness Subsidiaries and no event or condition exists with respect to any Indebtedness of the Guarantor or any of its Indebtedness Subsidiaries that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Company Except as disclosed in Schedule 4.15, neither the Guarantor nor any of its Subsidiaries has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.57.3.
(c) The Company is not a party to, nor otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company.
Appears in 1 contract
Sources: Guarantee Agreement (Elan Corp PLC)
Existing Indebtedness; Future Liens. (a) 5.15.1. Except as described therein, Schedule 5.14 5.15 sets forth a complete and correct list of all outstanding Indebtedness that is Material of the Company and its Significant Subsidiaries as of March 31, 2010 (including a description of the obligors and obligees2024, principal amount outstanding and collateral therefor, if any, and Guaranty thereof, if any). Since March 31, 2010, since which date there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the CompanyCompany or its Significant Subsidiaries. The Neither the Company nor any Significant Subsidiary is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any of its such Indebtedness and no event or condition exists with respect to any of its such Indebtedness that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The 5.15.2. Except as disclosed in Schedule 5.15, neither the Company nor any Significant Subsidiary has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.510.4.
(c) The 5.15.3. Neither the Company nor any Subsidiary is not a party to, nor or otherwise subject to any provision contained in, any instrument evidencing Indebtedness that is Material of the CompanyCompany or such Subsidiary, any agreement relating thereto or any other agreement (including, but not limited to, including its charter or any other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company, except as specifically indicated in Schedule 5.15.
Appears in 1 contract
Sources: Note Purchase Agreement (Allete Inc)
Existing Indebtedness; Future Liens. (a) Schedule 5.14 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of March 31May 25, 2010 (including a description of the obligors and obligees2001, principal amount outstanding and collateral therefor, if any, and Guaranty thereof, if any). Since March 31, 2010, since which date there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the CompanyCompany or its Subsidiaries. The Neither the Company nor any Subsidiary is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of its Indebtedness the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Except as disclosed in Schedule 5.15, neither the Company nor any Subsidiary has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.510.6.
(c) The Company No Subsidiary is not a party to, nor otherwise subject to any provision contained in, any instrument evidencing Guaranty of Indebtedness of the Company, any agreement relating thereto or any other agreement than Spider Staging Corporation (including, but not limited to, its charter or other organizational document"Spider") and Rampart Waterblast Corporation ("Rampart") which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness are parties to Guaranties in favor of the Companyholders of the Notes issued under the Private Placement Agreement. On the date of the Closing, neither Spider nor Rampart transacts any business or owns any assets.
Appears in 1 contract
Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.14 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Restricted Subsidiaries as of March August 31, 2010 (including a description of the obligors and obligees2004, principal amount outstanding and collateral therefor, if any, and Guaranty thereof, if any). Since March 31, 2010, since which date there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the CompanyCompany or its Restricted Subsidiaries. The Neither the Company nor any Restricted Subsidiary is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness the Company or any Restricted Subsidiary and no event or condition exists with respect to any Indebtedness of its Indebtedness the Company or any Restricted Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Except as disclosed in Schedule 5.15, neither the Company nor any Restricted Subsidiary has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.5.
(c) The Company is not a party to, nor otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company.
Appears in 1 contract
Sources: Master Note Purchase Agreement (Tetra Technologies Inc)
Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.14 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Restricted Subsidiaries as of March 31, 2010 (including a description of the obligors and obligees2008, principal amount outstanding and collateral therefor, if any, and Guaranty thereof, if any). Since March 31, 2010, since which date there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the CompanyCompany or its Restricted Subsidiaries. The Neither the Company nor any Restricted Subsidiary is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness the Company or any Restricted Subsidiary and no event or condition exists with respect to any Indebtedness of its Indebtedness the Company or any Restricted Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Except as disclosed in Schedule 5.15 or as described in Section 9.7, neither the Company nor any Restricted Subsidiary has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.5.
(c) The Company is not a party to, nor otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company.
Appears in 1 contract
Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.14 6.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company each Credit Party and its Subsidiaries as of March 31January 20, 2010 (including a description of the obligors and obligees1998, principal amount outstanding and collateral therefor, if any, and Guaranty thereof, if any). Since March 31, 2010, since which date there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Companyany Credit Party or any of its Subsidiaries. The Company Neither any Credit Party nor any of its Subsidiaries is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness for borrowed money of its Indebtedness such Credit Party or such Subsidiary and no event or condition exists with respect to any such Indebtedness of its Indebtedness any Credit Party or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Company Except as disclosed in Schedule 6.15, neither any Credit Party nor any of its Subsidiaries has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.512.3.
(c) The Company is not a party to, nor otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company.
Appears in 1 contract
Sources: Note Purchase Agreement (Drew Industries Incorporated)
Existing Indebtedness; Future Liens. (a) Schedule 5.14 The Company’s Form 10-K for the fiscal year ended December 31, 2019 sets forth a complete and correct list of all outstanding Indebtedness of the Company as of March December 31, 2010 (including a description of the obligors and obligees2019 prepared in accordance with GAAP, principal amount outstanding and collateral therefor, if any, and Guaranty thereof, if any). Since March 31, 2010, since which date there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the CompanyCompany (excluding commercial paper). The Company is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness the Company and no event or condition exists with respect to any Indebtedness of its Indebtedness the Company that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Company has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.5the Mortgage.
(c) The Except for the Second Amended and Restated Credit Agreement, dated as of August 1, 2011, as amended, among Pepco Holdings LLC, Potomac Electric Power Company, the Company and Atlantic City Electric Company, as Borrowers, the various financial institutions named therein, as Lenders, and ▇▇▇▇▇ Fargo Bank, National Association, as Administrative Agent, the Company is not a party to, nor or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company.
Appears in 1 contract
Sources: Bond Purchase Agreement (Atlantic City Electric Co)
Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.14 4.13 sets forth a complete and correct list of all outstanding Indebtedness of the Company Borrower as of March December 31, 2010 2024 (including a description descriptions of the obligors and obligees, principal amount outstanding amounts outstanding, any collateral therefor and collateral thereforany guaranty thereof), if any, and Guaranty thereof, if any). Since March 31, 2010, since which date there has been no material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the CompanyBorrower. The Company Borrower is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness the Borrower and no event or condition exists with respect to any Indebtedness of its Indebtedness the Borrower that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Company Except as disclosed in Schedule 4.13, the Borrower has not agreed or consented to cause or permit any of its property, whether now owned or hereafter acquired, to be subject to a Lien that secures Indebtedness or to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.5that secures Indebtedness.
(c) The Company Borrower is not a party to, nor or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the CompanyBorrower, any agreement relating thereto or any other agreement (including, but not limited to, including its charter or any other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the CompanyBorrower, except as disclosed in Schedule 4.13.
Appears in 1 contract
Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.14 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Restricted Subsidiaries as of March 31June 30, 2010 (including a description of the obligors and obligees2015, principal amount outstanding and collateral therefor, if any, and Guaranty thereof, if any). Since March 31, 2010, since which date there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the CompanyCompany or its Restricted Subsidiaries. The Neither the Company nor any Restricted Subsidiary is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness the Company or any Restricted Subsidiary and no event or condition exists with respect to any Indebtedness of its Indebtedness the Company or any Restricted Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Except as disclosed in Schedule 10.5 or as described in Section 9.7, neither the Company nor any Restricted Subsidiary has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.5.
(c) The Company is not a party to, nor otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company.
Appears in 1 contract
Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.14 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company Parent, the Issuer and their Subsidiaries as of March December 31, 2010 2021 (including a description descriptions of the obligors and obligees, principal amount outstanding amounts outstanding, any collateral therefor and collateral thereforany Guaranties thereof), if any, and Guaranty thereof, if any). Since March 31, 2010, since which date there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the CompanyParent, the Issuer or their Subsidiaries. The Company None of the Parent, the Issuer nor any Subsidiary is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness the Parent, the Issuer or such Subsidiary and no event or condition exists with respect to any Indebtedness of its Indebtedness the Parent, the Issuer or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Company Except as disclosed in Schedule 5.15, as of December 31, 2021, none of the Parent, the Issuer nor any Subsidiary of the Parent or the Issuer has not agreed or consented to cause or permit any of its property, whether now owned or hereafter acquired, to be subject to a Lien that secures Indebtedness or to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted that secures Indebtedness, and since such date there have been (i) no Material changes in such Liens or such Indebtedness and (ii) no new Material Liens or Material Indebtedness secured by Section 10.5Liens have been incurred.
(c) The Company None of the Parent, the Issuer nor any Subsidiary of the Parent or the Issuer is not a party to, nor or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the CompanyParent, the Issuer or such Subsidiary, any agreement relating thereto or any other agreement (including, but not limited to, its charter or any other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the CompanyParent, the Issuer or any Subsidiary, except as disclosed in Schedule 5.15.
Appears in 1 contract
Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.14 8.13 sets forth a complete and correct list of all outstanding Indebtedness of the Company Company, ICON and their Subsidiaries as of March 31the date of this Agreement, 2010 (including a description of the obligors and obligees, principal amount outstanding and collateral therefor, if any, and Guaranty thereof, if any). Since March 31, 2010, since which date there has been no material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company, ICON or their Subsidiaries. The Company Neither the Company, ICON nor any of their Subsidiaries is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness the Company, ICON or such Subsidiary and no event or condition exists with respect to any Indebtedness of its Indebtedness the Company, ICON or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Company Except as disclosed in Schedule 8.13, neither the Company, ICON nor any of their respective Subsidiaries has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.5Lien.
(c) The Company is not a party to, nor otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company.
Appears in 1 contract
Sources: Note Purchase Agreement (Credit Suisse First Boston Inc)
Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.14 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company Consolidated Group as of March 31, 2010 2016 (including a description descriptions of the obligors and obligees, principal amount outstanding amounts outstanding, any collateral therefor and collateral thereforany Guarantee thereof), if any, and Guaranty thereof, if any). Since March 31, 2010, since which date there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the CompanyConsolidated Group. The Company No member of the Consolidated Group is not in default default, and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness the Consolidated Group and no event or condition exists with respect to any Indebtedness of its Indebtedness the Consolidated Group that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Company Except as disclosed in Schedule 5.15, none of the Parent, the Company, Care GP or any Subsidiary has not agreed or consented to cause or permit any of its property, whether now owned or hereafter acquired, to be subject to a Lien that secures Indebtedness or to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.510.1.
(c) The Company None of the Parent, the Company, Care GP or any Subsidiary is not a party to, nor or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Parent, the Company, Care GP or such Subsidiary, any agreement relating thereto or any other agreement (including, but not limited to, including its charter or any other organizational documentOrganizational Document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Companyany Transaction Party, except as disclosed in Schedule 5.15.
Appears in 1 contract
Sources: Note Purchase Agreement (Care Capital Properties, Inc.)
Existing Indebtedness; Future Liens. (a) Schedule 5.14 5.15 sets forth a complete and correct list of all outstanding Indebtedness in excess of $1,000,000 (excluding ordinary course trade or other payables) of the Trust, the Company and their respective Subsidiaries as of March 31, 2010 the date of the Closing (including a description of the obligors and obligees, principal amount outstanding and collateral therefor, if any, and Guaranty thereof, if any). Since March 31Neither the Trust, 2010, there has been no material change in the amounts, interest rates, sinking funds, installment payments or maturities Company nor any of the Indebtedness of the Company. The Company their respective Subsidiaries is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness the Trust, the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of its Indebtedness the Trust, the Company or any of their respective Subsidiaries that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Except as disclosed in Schedule 5.15, neither the Trust, the Company nor any of their respective Subsidiaries has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.5which, individually or in the aggregate, is Material.
(c) The Neither the Trust, the Company nor any of their respective Subsidiaries is not a party to, nor or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the CompanyTrust, the Company or such Subsidiary, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the CompanyTrust, the Company or any of their respective Subsidiaries, except as specifically indicated in Schedule 5.15.
Appears in 1 contract
Sources: Note Purchase Agreement (First Potomac Realty Trust)
Existing Indebtedness; Future Liens. (a) Schedule 5.14 The Company’s Form 10-K for the fiscal year ended December 31, 2019 sets forth a complete and correct list of all outstanding Indebtedness of the Company as of March December 31, 2010 (including a description of the obligors and obligees2019 prepared in accordance with GAAP, principal amount outstanding and collateral therefor, if any, and Guaranty thereof, if any). Since March 31, 2010, since which date there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the CompanyCompany (excluding commercial paper). The Company is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness the Company and no event or condition exists with respect to any Indebtedness of its Indebtedness the Company that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Company has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.5the Mortgage.
(c) The Except for that certain Second Amended and Restated Credit Agreement, dated as of August 1, 2011, as amended, among Pepco Holdings, Inc., Potomac Electric Power Company, Delmarva Power & Light Company and the Company, as Borrowers, the various financial institutions named therein, as Lenders, and ▇▇▇▇▇ Fargo Bank, National Association, as Administrative Agent, the Company is not a party to, nor or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company.
Appears in 1 contract
Sources: Bond Purchase Agreement (Atlantic City Electric Co)
Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.14 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of March 31the date hereof, 2010 (including a description of the obligors and obligees, principal amount outstanding and collateral therefor, if any, and Guaranty thereof, if any). Since March 31, 2010, since which date there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the CompanyCompany or its Subsidiaries. The Neither the Company nor any Subsidiary is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or any of its Indebtedness Subsidiaries and no event or condition exists with respect to any Indebtedness of the Company or any of its Indebtedness Subsidiaries that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Neither the Company nor any of its Subsidiaries has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien that secures Indebtedness not otherwise permitted by Section 10.510.3.
(c) The Company is not a party to, nor otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company.
Appears in 1 contract
Sources: Note Purchase Agreement (Hastings Entertainment Inc)
Existing Indebtedness; Future Liens. (a) Schedule 5.14 sets forth a complete and correct list of all outstanding Indebtedness of the Company as of March 31, 2010 the date of this Agreement (including a description of the obligors and obligees, principal amount outstanding and collateral therefor, if any, and Guaranty Guarantee thereof, if any). Since March 31, 2010, since which date there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company. The Company is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness the Company and no event or condition exists with respect to any Indebtedness of its Indebtedness the Company that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Company has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its propertyProperty, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.510.4.
(c) The Company is not a party to, nor or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational documentOrganizational Documents) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company, or the granting of Liens on any Property of the Company, except as specifically indicated in Schedule 5.14.
Appears in 1 contract
Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.14 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company MLP, the Issuer and its Subsidiaries as of March [December 31, 2010 (including a description of the obligors and obligees, principal amount outstanding and collateral therefor, if any, and Guaranty thereof, if any). Since March 31], 2010, since which date there has been no material Material change in the amountsamounts (other than to the extent of advances under the Credit Agreement), interest rates, sinking funds, installment payments or maturities of the Indebtedness of the CompanyIssuer or its Subsidiaries. The Company None of the MLP, the Issuer or any Subsidiary is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness the MLP, the Issuer or any Subsidiary and no event or condition exists with respect to any Indebtedness of its Indebtedness the MLP, the Issuer or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Company Except as disclosed in Schedule 10.1, none of the MLP, the Issuer or any Subsidiary has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.510.1.
(c) The Company Neither the MLP, the Issuer nor any Subsidiary is not a party to, nor or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the CompanyMLP, the Issuer or such Subsidiary, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational documentOrganization Documents) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the CompanyMLP, the Issuer or such Subsidiary, other than the debt agreements described in Schedule 5.15.
Appears in 1 contract
Sources: Contribution Agreement (El Paso Pipeline Partners, L.P.)
Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.14 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries in an aggregate principal amount exceeding $10,000,000 as of March 31February 25, 2010 2021 (including a description descriptions of the obligors and obligees, principal amount outstanding amounts outstanding, any collateral therefor and collateral therefor, if any, and any Guaranty thereof), if any). Since March 31, 2010, since which date there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the such Indebtedness of the Company. The Company is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on the Specified Credit Facility or any other Material Indebtedness and, to the knowledge of its Indebtedness and the Company, no event or condition exists with respect to the Specified Credit Facility or any of its other Material Indebtedness that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause the Specified Credit Facility or such Indebtedness other Material Indebtedness, as applicable, to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Company has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.5[Reserved].
(c) The Neither the Company nor any Subsidiary is not a party to, nor or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the CompanyCompany or such Subsidiary, any agreement relating thereto or any other agreement (including, but not limited to, including its charter or any other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company, except as disclosed in Schedule 5.15.
Appears in 1 contract
Existing Indebtedness; Future Liens. (a) Except as described therein, Part A of Schedule 5.14 3.16(a) sets forth a complete and correct list of all outstanding Indebtedness of the Company such Loan Party and its Subsidiaries as of March December 31, 2010 (including a description of 2003, since which date, to the obligors and obligees, principal amount outstanding and collateral therefor, if any, and Guaranty thereof, if any). Since March 31, 2010extent Material, there has been no material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Companysuch Loan Party or its Subsidiaries. The Company Except as described in Part B of such Schedule, neither such Loan Party nor any of its Subsidiaries is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness such Loan Party or Subsidiary and no event or condition exists with respect to any Indebtedness of any Loan Party or any of its Indebtedness Subsidiaries that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Company Neither such Loan Party nor any of its Subsidiaries has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.5other than a Permitted Lien.
(c) The Company is not a party to, nor otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company.
Appears in 1 contract
Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.14 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Issuer and the Company as of March 31, 2010 2018 (including a description of the obligors and obligees, principal amount outstanding and collateral therefor, if any, and Guaranty guaranty thereof, if any). Since March 31, 2010, since which date there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Issuer or the Company. The Neither the Issuer nor the Company is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness the Issuer or the Company and no event or condition exists with respect to any Indebtedness of its Indebtedness the Issuer or the Company that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Except as disclosed in Schedule 5.15, neither the Issuer nor the Company has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien (other than a Mortgage Indenture) not otherwise permitted by Section 10.510.2.
(c) The Neither the Issuer nor the Company is not a party to, nor or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, including its charter or any other organizational document) which that limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Issuer or the Company, except as specifically indicated in Schedule 5.15.
Appears in 1 contract
Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.14 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of March 31September 30, 2010 (including a description of the obligors and obligees2007, principal amount outstanding and collateral therefor, if any, and Guaranty thereof, if any). Since March 31, 2010, since which date there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the CompanyCompany or its Subsidiaries. The Neither the Company nor any Subsidiary is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness the Company or such Subsidiary, and no event or condition exists with respect to any Indebtedness of its Indebtedness the Company or any Subsidiary, that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Except as disclosed in Schedule 5.15, neither the Company nor any Subsidiary has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.5.
(c) The Neither the Company nor any Subsidiary is not a party to, nor or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the CompanyCompany or such Subsidiary, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company, except as specifically indicated in Schedule 5.15.
Appears in 1 contract
Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.14 5.15 (as may be updated by the Company for each Closing) sets forth a complete and correct list as of February 2, 2023 of all outstanding Material Indebtedness for borrowed money of the Company and its Subsidiaries (provided that the aggregate amount of all Indebtedness for borrowed money not listed on Schedule 5.15 does not exceed $100,000,000) as of March 31February 2, 2010 (including a description of the obligors and obligees, principal amount outstanding and collateral therefor, if any, and Guaranty thereof, if any). Since March 31, 2010, 2023 since which date there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Material Indebtedness of the CompanyCompany or its Subsidiaries. The As of February 2, 2023 neither the Company nor any Subsidiary (other than Immaterial Subsidiaries) is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness and the Company or such Subsidiary and, to the knowledge of the Company, no event or condition exists with respect to any Material Indebtedness of its Indebtedness the Company or any Subsidiary (other than Immaterial Subsidiaries) that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Company has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.5.
(c) The Company is not a party to, nor otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company.
Appears in 1 contract
Sources: First Supplement to Master Note Purchase Agreement (Main Street Capital CORP)
Existing Indebtedness; Future Liens. (a) Schedule 5.14 sets forth a complete and correct list of all outstanding Indebtedness of Neither the Company nor any of its Subsidiaries has outstanding any Indebtedness except as of March 31, 2010 (including a description of permitted by Section 10.1. Neither the obligors and obligees, principal amount outstanding and collateral therefor, if any, and Guaranty thereof, if any). Since March 31, 2010, there has been no material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company. The Company nor any Subsidiary is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of its Indebtedness the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Except as disclosed in Schedule 5.15(b), neither the Company nor any of the other Note Parties has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.510.2.
(c) The Neither the Company nor any other Note Party is not a party to, nor or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the CompanyCompany or such Note Party, any agreement relating thereto or any other agreement (including, but not limited to, its charter or any other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of any of the CompanyCompany and the other Note Parties, except as specifically indicated in Schedule 5.15(c).
Appears in 1 contract
Sources: Note Purchase and Private Shelf Agreement (Primoris Services Corp)
Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.14 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company as of March 31, 2010 2018 (including a description of the obligors and obligees, principal amount outstanding and collateral therefor, if any, and Guaranty guaranty thereof, if any). Since March 31, 2010, since which date there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company. The Company is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness the Company and no event or condition exists with respect to any Indebtedness of its Indebtedness the Company that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Except as disclosed in Schedule 5.15, the Company has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien (other than a Mortgage Indenture) not otherwise permitted by Section 10.510.2.
(c) The Company is not a party to, nor or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, including its charter or any other organizational document) which that limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company, except as specifically indicated in Schedule 5.15.
Appears in 1 contract
Existing Indebtedness; Future Liens. (a) Schedule 5.14 The Company’s Form 10-K for the fiscal year ended December 31, 2022 sets forth a complete and correct list of all outstanding Indebtedness of the Company as of March December 31, 2010 (including a description of the obligors and obligees2022 prepared in accordance with GAAP, principal amount outstanding and collateral therefor, if any, and Guaranty thereof, if any). Since March 31, 2010, since which date there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the CompanyCompany (excluding commercial paper). The Company is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness the Company and no event or condition exists with respect to any Indebtedness of its Indebtedness the Company that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Company has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.5the Mortgage.
(c) The Except for that certain Credit Agreement, dated as of February 1, 2022, among Potomac Electric Power Company, Delmarva Power & Light Company and the Company, as Borrowers, the various financial institutions named therein, as Lenders, and JPMorgan Chase Bank, N.A., as Administrative Agent, the Company is not a party to, nor or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company.
Appears in 1 contract
Sources: Bond Purchase Agreement (Delmarva Power & Light Co /De/)
Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.14 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company as of March January 31, 2010 (including a description of the obligors and obligees, principal amount outstanding and collateral therefor, if any, and Guaranty thereof, if any). Since March 31, 2010, since which date there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company. The Company is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness the Company and no event or condition exists with respect to any Indebtedness of its Indebtedness the Company that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Except as disclosed in Schedule 5.15, the Company has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.510.6.
(c) The Company is not a party to, nor or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company, except as specifically indicated in Schedule 5.15.
Appears in 1 contract
Sources: Note Purchase Agreement
Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.14 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company as of March 31September 30, 2010 2016 (including a description descriptions of the obligors and obligees, principal amount outstanding amounts outstanding, any collateral therefor and collateral therefor, if any, and any Guaranty thereof), if any). Since March 31, 2010, since which date there has been no material Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company. The Company is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of its Indebtedness the Company and no event or condition exists with respect to any Indebtedness of its Indebtedness the Company that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.
(b) The Except as disclosed in Schedule 5.15, the Company has not agreed or consented to cause or permit any of its property, whether now owned or hereafter acquired, to be subject to a Lien that secures Indebtedness or to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien not otherwise permitted by Section 10.5that secures Indebtedness.
(c) The Company is not a party to, nor or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, including its charter or any other organizational document) which limits the amount of, or otherwise imposes restrictions on the incurring of, Indebtedness of the Company, except as disclosed in Schedule 5.15.
Appears in 1 contract
Sources: Note Purchase Agreement (Cheniere Energy Partners, L.P.)