Indebtedness and Other Liabilities Sample Clauses

Indebtedness and Other Liabilities. The Borrower will not, and will not permit any of its Subsidiaries to, create, incur, assume, or suffer to exist or otherwise become or be liable in respect of any Indebtedness, or in any other liabilities, other than: (i) Indebtedness of the Borrower in respect of the Loans and the other Obligation and Indebtedness existing on the date of this Agreement and set forth on Schedule 5.4 hereto; and (ii) Indebtedness or other liabilities of the Borrower arising in the ordinary course of business and not to exceed $10,000 in any one instance or to any single creditor or supplier; provided that no Indebtedness or other liability otherwise permitted to be incurred shall be permitted to be incurred if, after giving effect to the incurrence thereof, any Default shall have occurred and be continuing.

Indebtedness and Other Liabilities. Neither the Grantor nor SAI has any Indebtedness (as defined below) except as disclosed in the Plan or Schedule 5(i) hereto. Each of the Grantor and SAI has no other liabilities or obligations (including, without limitation, claims existing under environmental or similar laws) that are not disclosed in the Plan or on Schedule 5(i) hereto other than those liabilities incurred in the ordinary course of such Sunshine Company's respective businesses since December 31, 1999, which liabilities, individually or in the aggregate, do not or would not have a Material Adverse Effect (as defined in the Transaction Documents) on such Sunshine Company. There are no liens, security interests or other encumbrances on, or with respect to, any asset of SAI other than a mortgage on the Pirquitas Mine to secure financing made to SAI by Highwood Partners, L.P. and Stonehill Capital Management, LLC..

Indebtedness and Other Liabilities. As of the date hereof, the Company has no indebtedness for borrowed money other than the Company Funded Indebtedness set forth in Schedule 2.07. As of the date hereof, the Company has no unpaid employee compensation earned and owing, “change in control” or other payments that will become due to employees and other service providers to the Company at Closing or other Company Transaction Expenses or trade payables (excluding indebtedness set forth on Schedule 2.07) other than the Compensation Obligations and Other Company Obligations set forth in Schedule 2.08.

Indebtedness and Other Liabilities. (a) Except as set forth on the attached Schedule 3.25(a), the Company and its Subsidiaries do not have any Indebtedness. (b) Except as set forth on Schedule 3.25(b) or on the Interim Balance Sheet, the Company and its Subsidiaries do not have any (i) indebtedness for the deferred purchase price of property or services with respect to which the Company or is Subsidiaries is liable, contingently or otherwise, as obligor or otherwise, (ii) amounts owed under any noncompetition, consulting or deferred compensation arrangements, (iii) retention, severance, change-of-control or similar payments or obligations (other than pursuant to the Retention Agreements) or (iv) liabilities classified as non-current liabilities in accordance with GAAP.

Indebtedness and Other Liabilities. The Companies shall have (i) no outstanding indebtedness other than accounts payable and accrued expenses incurred in the ordinary course of their respective businesses and capital leases entered into prior to Closing and disclosed on Part 1.4(b) of the Disclosure Schedule or entered into after the date of this Agreement in compliance with this Agreement; (ii) no accounts payable related to dividends (including dividends for unvested stock); (iii) no Liabilities for accrued commissions; and (iv) no accounts payable or revenue sharing amounts owing to the Purchaser.

Indebtedness and Other Liabilities. The Sellers shall provide evidence of terminations, release and discharge all Indebtedness owing from the applicable Target Entity (or Payoff Letters evidencing the same will be accomplished at Closing) in a form that is acceptable to Buyer.

Indebtedness and Other Liabilities. 16 SECTION 3.26 Absence of Undisclosed Liabilities........................ 17 SECTION 3.27 No Known Claims........................................... 17 SECTION 3.28 No Other Representations or Warranties; Scope of Representations........................................... 17

Indebtedness and Other Liabilities. Borrower shall not create, incur, assume, guarantee or become or remain liable for any obligation or indebtedness, including any financing arrangements or guarantee obligations (whether non-recourse, secured or unsecured, and whether owed to a third party or to an affiliate) other than (a) the obligations described herein and other obligations owed to Lender, (b) operating expenses reasonably incurred by Borrower to unrelated third parties in connection with the operation of their businesses, and (c) liabilities incurred in the ordinary course of business.

Indebtedness and Other Liabilities. The Investor will not create, incur, assume or permit to exist any Indebtedness or other liability of it, except liabilities under this Agreement.