Indebtedness of any Subsidiary Sample Clauses

Indebtedness of any Subsidiary owing to the Borrower or a Subsidiary and Indebtedness of the Borrower owing to a Subsidiary;
View SourceView Similar (5)
Indebtedness of any Subsidiary of the Borrower owed to and held by the Borrower or any Guarantor, other Indebtedness of the Borrower owed to and held by any Guarantor which is unsecured and subordinated in right of payment to the payment and performance of the Borrower's obligations under any Senior Indebtedness and the Senior Subordinated Notes and Indebtedness of a Foreign Restricted Subsidiary that is not a Guarantor owed to and held by any other Restricted Subsidiary that is not a Guarantor; provided, however, that an Incurrence of Indebtedness that is not permitted by this clause (C) shall be deemed to have occurred upon (i) any sale or other disposition of any Indebtedness of the Borrower or any Restricted Subsidiary referred to in this clause (C) to a Person (other than the Borrower or a Guarantor), (ii) any sale or other disposition of Equity Interests of any Guarantor which holds Indebtedness of the Borrower or another Subsidiary of the Borrower such that such Guarantor ceases to be a Guarantor, and (iii) the designation of a Restricted Subsidiary that is a Guarantor and which holds Indebtedness of the Borrower or any other Restricted Subsidiary as an Unrestricted Subsidiary; (D) the Guarantees and guarantees by any Guarantor of Indebtedness of the Borrower permitted under this Section 6.01(c); provided, however, that if such guarantee is of Subordinated Indebtedness, then the Guarantee of such Guarantor shall be senior to such Guarantor's guarantee of Subordinated Indebtedness;
View SourceView Similar (5)
Indebtedness of any Subsidiary of Borrower to Borrower or to any other Subsidiary of Borrower for so long as (i) such Indebtedness is held by Borrower or a Subsidiary of Borrower, (ii) any such Indebtedness from any Subsidiary of Borrower to Borrower in excess of $500,000 in aggregate principal amount shall be evidenced by a written promissory note or other instrument in form and substance reasonably satisfactory to Foothill, and (iii) any such Indebtedness shall not be secured by a Lien on any asset of any Subsidiary of Borrower held by a Person other than Borrower or a Subsidiary of Borrower; provided, however, that, as of any date that (1) any Person other than Borrower or a Subsidiary of Borrower owns or holds such Indebtedness or (2) any such Indebtedness is secured by a Lien on any asset of Borrower or its Subsidiaries held by any Person other than Borrower or a Subsidiary of Borrower, any such date shall be deemed the date of incurrence of Indebtedness not constituting Permitted Indebtedness;
View SourceView Similar (2)
Indebtedness of any Subsidiary of Holdings that is not a Credit Party owing to any Credit Party or any other Subsidiary; provided that if such Indebtedness is owing in favor of a Credit Party, (i) such Indebtedness shall be evidenced by an intercompany note which is pledged to the Administrative Agent, (ii) the intercompany note shall provide that the Indebtedness evidenced thereby shall automatically, without any notice or other action by any Person, become immediately due and payable by the maker upon any acceleration of the Obligations and (iii) the aggregate amount of all such Indebtedness shall not exceed $400,000,000 at any time; and
View Source
Indebtedness of any Subsidiary. (a) that is incurred by a non-operating special purpose Subsidiary, (b) the payment of which is guaranteed, directly or indirectly by the Borrower, and (c) the proceeds of which are loaned by such Subsidiary to the Borrower (i) on terms of subordination no less favorable to the Banks than the subordination provisions set forth in Exhibit B to the Agency Agreement (to the extent that such provisions are in favor of holders of Senior Indebtedness as defined in the Agency Agreement) as in effect on September 20, 1993 and without giving effect to any amendments thereto which may detract or derogate from the rights of the holders of Senior Indebtedness, or (ii) on other terms of subordination satisfactory to the Banks in form and substance, and which is immediately repaid upon the repayment of such loan by the Borrower;
View Source
Indebtedness of any Subsidiary owing to the Borrower or any other Subsidiary; provided, that any such Indebtedness that is owed to a Subsidiary that is not a Subsidiary Loan Party shall be subject to Section 7.4;
View Source
Indebtedness of any Subsidiary of a Borrower to a Borrower incurred in the ordinary course of business; and
View Source

Related to Indebtedness of any Subsidiary

  • Indebtedness of Subsidiaries The Company will not at any time permit any Subsidiary, directly or indirectly, to create, incur, assume, guarantee, have outstanding, or otherwise become or remain directly or indirectly liable for, any Indebtedness other than: (a) Indebtedness of a Subsidiary outstanding on the Closing Date and listed on Schedule 5.15 and any extension, renewal or refunding thereof, provided that the principal amount outstanding at the time of such extension, renewal or refunding is not increased; (b) Indebtedness of (a) any Subsidiary to any Wholly-Owned Subsidiary, (b) the Company or any Co-Obligor to any Wholly-Owned Subsidiary, (c) L▇▇▇▇▇▇ Finance Company B.V. to any Subsidiary (other than any Subsidiary Guarantor) in an aggregate outstanding principal amount not to exceed $50,000,000 at any time and (d) any one or more Co-Obligors to H▇▇▇▇▇ CBI, Limited in the aggregate outstanding principal amount not to exceed $100,000,000; provided, that if either the Company or any Co-Obligor is the obligor on such Indebtedness, such Indebtedness may only be due either the Company or a Co-Obligor and shall be expressly subordinate to the payment in full in cash of the Credit Obligations on terms reasonably satisfactory to the Administrative Agent; (c) guaranties by a Subsidiary Guarantor of Indebtedness of the Company; (d) Indebtedness under the Credit Agreement outstanding from time to time; (e) Indebtedness under the Existing Note Purchase Agreement outstanding from time to time; (f) Indebtedness with respect to the Hedging Arrangements pursuant to which the Company or any Subsidiary has hedged its reasonably estimated interest rate, foreign currency or commodity exposure, and which are non-speculative in nature; (g) Indebtedness under the LOC Agreements and guaranties thereof by the Subsidiary Guarantors; (i) recourse obligations resulting from endorsement of negotiable instruments for collection in the ordinary course of business; (ii) Contingent Obligations of the Company and its Subsidiaries identified as such on Schedule 7.11(h) to this Agreement; (iii) Contingent Obligations (x) incurred by any Subsidiary of the Company to support the performance of bids, tenders, sales, contracts (other than for the repayment of borrowed money) of any other Subsidiary of the Company in the ordinary course of business, (y) incurred by any Subsidiary of the Company under the Credit Agreement, or (z) with respect to surety, appeal and performance bonds and Performance Letters of Credit obtained by the Company or any Subsidiary in the ordinary course of business; and (iv) Contingent Obligations of the Subsidiary Guarantors under the Subsidiary Guaranty; and (i) Indebtedness of a Subsidiary not otherwise permitted by the preceding clauses (a) through (g), provided that immediately before and after giving effect to the incurrence thereof and to the application of the proceeds thereof, (i) no Default or Event of Default exists, and (ii) the aggregate amount of all Indebtedness incurred pursuant to this Section 7.11(h) does not exceed 20% of Consolidated Net Worth.

  • Indebtedness Create, incur, assume, or be liable for any Indebtedness, or permit any Subsidiary to do so, other than Permitted Indebtedness.

  • Defaults in Other Agreements or Indebtedness A default or event of default shall occur at any time under the terms of any other agreement involving borrowed money or the extension of credit or any other Indebtedness under which any Loan Party or Subsidiary of any Loan Party may be obligated as a borrower or guarantor in excess of $1,000,000 in the aggregate, and such breach, default or event of default consists of the failure to pay (beyond any period of grace permitted with respect thereto, whether waived or not) any indebtedness when due (whether at stated maturity, by acceleration or otherwise) or if such breach or default permits or causes the acceleration of any indebtedness (whether or not such right shall have been waived) or the termination of any commitment to lend;

  • Intercompany Indebtedness The Company shall not create, incur, assume or otherwise become or remain directly or indirectly liable with respect to any Indebtedness arising from loans from any Subsidiary to the Company unless (a) such Indebtedness is unsecured and (b) such Indebtedness shall be expressly subordinate to the payment in full in cash of the Obligations on terms satisfactory to the Administrative Agent.

  • Other Debt There is no indebtedness with respect to the Property or any excess cash flow or any residual interest therein, whether secured or unsecured, other than Permitted Encumbrances and Permitted Indebtedness.