Common use of Indebtedness and Liabilities Clause in Contracts

Indebtedness and Liabilities. Directly or indirectly create, incur, ---------------------------- assume, guaranty, or otherwise become or remain directly or indirectly liable, on a fixed or contingent basis, with respect to any Indebtedness except: (a) the Obligations; (b) Indebtedness (excluding Capital Leases) not to exceed $5,000,000 in the aggregate at any time outstanding secured by purchase money Liens; (c) Indebtedness under Capital Leases not to exceed $10,000,000 outstanding at any time in the aggregate; and (d) Indebtedness existing on the Closing Date and identified on Schedule 1.1(C). Except for Indebtedness --------------- described permitted in the preceding sentence, Borrower will not, and will not permit any of its Subsidiaries to, incur any Liabilities except for trade payables and normal accruals in the ordinary course of business not yet due and payable or with respect to which Borrower or any of its Subsidiaries is contesting in good faith the amount or validity thereof by appropriate proceedings and then only to the extent that Borrower or any of its Subsidiaries has established adequate reserves therefor, if appropriate under GAAP.

Indebtedness and Liabilities. Directly or indirectly create, ---------------------------- incur, ---------------------------- assume, guaranty, or otherwise become or remain directly or indirectly liable, on a fixed or contingent basis, with respect to any Indebtedness except: (a) the Obligations; (b) Indebtedness (excluding Capital Leases) not to exceed $5,000,000 250,000 in the aggregate at any time outstanding secured by purchase money Liens; (c) Indebtedness under Capital Leases not to exceed $ $10,000,000 250,000 outstanding at any time in the aggregate; and (d) Indebtedness existing on the Closing Date and identified on Schedule 1.1(C)4.5. Except for Indebtedness --------------- described ------------ permitted in the preceding sentence, Borrower Loan Parties will not, and will not permit any of its their Subsidiaries to, incur any Liabilities except (x) for trade payables and normal accruals in the ordinary course of business not yet due and payable or with respect to which Borrower any Loan Party or any of its their Subsidiaries is contesting in good faith the amount or validity thereof by appropriate proceedings and then only to the extent that Borrower such Loan Party or any of its Subsidiaries has established adequate reserves therefor, if appropriate under GAAPGAAP and (y) for the refinancing of existing Indebtedness, provided such refinancing is on terms and conditions acceptable to Agent and Lenders.

Indebtedness and Liabilities. Directly or indirectly create, incur, ---------------------------- assume, guaranty, or otherwise become or remain directly or indirectly liable, on a fixed or contingent basis, with respect to any Indebtedness except: (a) the Obligations; (b) Indebtedness (excluding Capital Leasescapital leases) not to exceed $5,000,000 250,000 in the aggregate at any time outstanding secured by purchase money Liens; (c) Indebtedness under Capital Leases not to exceed $10,000,000 200,000 outstanding at any time in the aggregate; (d) operating Leases; (e) the Subordinated Debt; and (df) Indebtedness existing on the Closing Date and identified on Schedule 1.1(C)7.1. Except ------------ for Indebtedness --------------- described permitted in the preceding sentence, Borrower will not, and will not permit any of its Subsidiaries to, incur any Liabilities except for trade payables and normal accruals in the ordinary course of business not yet due and payable or with respect to which Borrower or any of its Subsidiaries is contesting in good faith the amount or validity thereof by appropriate proceedings and then only to the extent that Borrower or any of its Subsidiaries has established adequate reserves therefor, if appropriate under GAAP.