Common use of Indebtedness of a Person Clause in Contracts

Indebtedness of a Person. (other than the Borrower or a Subsidiary) existing at the time such Person is merged with or into a Borrower or a Subsidiary or becomes a Subsidiary, provided that (i) such Indebtedness was not, in any case, incurred by such other Person in connection with, or in contemplation of, such merger or acquisition, (ii) such merger or acquisition constitutes a Permitted Acquisition, (iii) with respect to any such Person who becomes a Subsidiary, (A) such Subsidiary is the only obligor in respect of such Indebtedness, and (B) to the extent such Indebtedness is permitted to be secured hereunder, only the assets of such Subsidiary secure such Indebtedness, and (iv) the aggregate principal amount of such Indebtedness shall not exceed $5,000,000 at any time outstanding; (k) Indebtedness incurred as a result of endorsing negotiable instruments received in the ordinary course of business; and (l) Indebtedness consisting of the financing of insurance premiums.; and (m) Permitted Convertible Indebtedness in an aggregate principal amount not to exceed $350,000,000 at any time outstanding, and any Permitted Equity Derivative Transaction entered into in connection therewith (or any amendment, restatement, supplement or other modification thereof from time to time contemplated by the definition of “Permitted Equity Derivative Transaction”).

Indebtedness of a Person. (other than the Borrower or a Subsidiary) existing at the time such Person is merged with or into a Borrower or a Subsidiary or becomes a Subsidiary, provided that (i) such Indebtedness was not, in any case, incurred by such other Person in connection with, or in contemplation of, such merger or acquisition, (ii) such merger or acquisition constitutes a Permitted Acquisition, (iii) with respect to any such Person who becomes a Subsidiary, (A) such Subsidiary is the only obligor in respect of such Indebtedness, and (B) to the extent such Indebtedness is permitted to be secured hereunder, only the assets of such Subsidiary secure such Indebtedness, and (iv) the aggregate principal amount of such Indebtedness shall not exceed $5,000,000 1,000,0005,000,000 at any time outstanding; (k) Indebtedness incurred as a result of endorsing negotiable instruments received in the ordinary course of business; and (l) Indebtedness consisting of the financing of insurance premiums.; and (m) Permitted Convertible Indebtedness in an aggregate principal amount not to exceed $350,000,000 at any time outstanding, and any Permitted Equity Derivative Transaction entered into in connection therewith (or any amendment, restatement, supplement or other modification thereof from time to time contemplated by the definition of “Permitted Equity Derivative Transaction”).

Indebtedness of a Person. (other than the Borrower or a Subsidiary) existing at the time such Person is merged with or into a the Borrower or a Subsidiary or becomes a Subsidiary, provided that (i) such Indebtedness was not, in any case, incurred by such other Person in connection with, or in contemplation of, such merger or acquisition, (ii) such merger or acquisition constitutes a Permitted AcquisitionAcquisition or other permitted Investment, (iii) with respect to any such Person who becomes a Subsidiary, (A) such Subsidiary is and its Subsidiaries are the only obligor obligors in respect of such Indebtedness, and (B) to the extent such Indebtedness is permitted to be secured hereunder, only the assets of such Subsidiary and its Subsidiaries secure such Indebtedness, and (iv) the aggregate principal amount of such Indebtedness shall not exceed the greater of (i) $5,000,000 [****] and (ii) [****]% of Consolidated EBITDA for the trailing twelve month period ended as of the last day of the most recent fiscal quarter for which financial statements have been delivered hereunder at any time outstanding; (k) Indebtedness incurred as a result of endorsing negotiable instruments received in the ordinary course form of businesspurchase price adjustments, earn outs, deferred compensation, deferred purchase price, seller notes, or other arrangements representing acquisition consideration or deferred payments of a similar nature incurred in connection with Investments permitted by Section 7.8; and (l) Indebtedness consisting provided that the amount of such obligation shall be deemed part of the financing cost of insurance premiums.; and (m) Permitted Convertible Indebtedness in an aggregate principal amount not to exceed $350,000,000 at any time outstanding, and any Permitted Equity Derivative Transaction entered into in connection therewith (or any amendment, restatement, supplement or other modification thereof from time to time contemplated by the definition of “Permitted Equity Derivative Transaction”).such

Indebtedness of a Person. (other than the Borrower or a Subsidiary) existing at the time such Person is merged with or into a Borrower or a Subsidiary or becomes a Subsidiary, provided that (i) such Indebtedness was not, in any case, incurred by such other Person in connection with, or in contemplation of, such merger or acquisition, (ii) such merger or acquisition constitutes a Permitted Acquisition, (iii) with respect to any such Person who becomes a Subsidiary, (A) such Subsidiary is the only obligor in respect of such Indebtedness, and (B) to the extent such Indebtedness is permitted to be secured hereunder, only the assets of such Subsidiary secure such Indebtedness, and (iv) the aggregate principal amount of such Indebtedness shall not exceed $5,000,000 1,000,0005,000,000 at any time outstanding; (k) Indebtedness incurred as a result of endorsing negotiable instruments received in the ordinary course form of business; and (l) Indebtedness consisting purchase price adjustments, earn outs, deferred compensation, or other arrangements representing acquisition consideration or deferred payments of the financing of insurance premiums.; and (m) Permitted Convertible Indebtedness in an aggregate principal amount not to exceed $350,000,000 at any time outstanding, and any Permitted Equity Derivative Transaction entered into a similar nature incurred in connection therewith (or any amendment, restatement, supplement or other modification thereof from time to time contemplated with Investments permitted by the definition of “Permitted Equity Derivative Transaction”).Section 7.8; provided that the