Common use of Indebtedness of any Person that becomes a Subsidiary Clause in Contracts

Indebtedness of any Person that becomes a Subsidiary. of the Borrower after the date hereof in accordance with the terms of Section 7.03(h), which Indebtedness is existing at the time such Person becomes a Subsidiary of the Borrower (provided, that such Indebtedness is not incurred in contemplation of such Person’s becoming a Subsidiary of the Borrower); provided, that (i) the scheduled maturity date of such Indebtedness is at least 91 days after the Maturity Date hereunder and (ii) at the time of any such incurrence of Indebtedness and after giving effect thereto on a pro forma basis, the aggregate principal amount of Indebtedness that is outstanding in reliance on this clause (g) shall not exceed $35,000,000;

Appears in 2 contracts

Sources: Amendment and Restatement Agreement (Spansion Inc.), Revolving Credit Agreement (Spansion Inc.)