Common use of Indebtedness of Restricted Subsidiaries Clause in Contracts

Indebtedness of Restricted Subsidiaries. Permit any Restricted Subsidiary to create, incur, assume or suffer to exist any Indebtedness, except: (a) Indebtedness owed to the Borrower or to another Restricted Subsidiary; (b) obligations under Swap Contracts, provided that such obligations are (or were) entered into by such Restricted Subsidiary in the ordinary course of business for the purpose of directly mitigating risks associated with liabilities, commitments, investments, assets, or property held or reasonably anticipated by such Restricted Subsidiary, or changes in the value of securities issued by such Restricted Subsidiary, and not for purposes of speculation or taking a “market view;” (c) Indebtedness secured by Liens permitted by Section 7.01(r), provided that the aggregate outstanding principal amount of such Indebtedness does not at any time exceed the amount permitted by such Section; (d) Indebtedness existing at the time of acquisition of any new Restricted Subsidiary by the Borrower or by a then-existing Restricted Subsidiary of the Borrower; provided that such Indebtedness was not incurred in contemplation of, and was in existence prior to, such acquisition and that neither the Borrower nor any other Restricted Subsidiary of the Borrower has any liability under such Indebtedness;

Indebtedness of Restricted Subsidiaries. Permit The Borrower shall not permit any Restricted Subsidiary to create, incur, assume or suffer to exist any Indebtedness, except: (a) Indebtedness owed to the Borrower or to another Restricted Subsidiary; (b) obligations under Swap Contracts, provided that such obligations are (or were) entered into by such Restricted Subsidiary in the ordinary course of business for the purpose of directly mitigating risks associated with liabilities, commitments, investments, assets, or property held or reasonably anticipated by such Restricted Subsidiary, or changes in the value of securities issued by such Restricted Subsidiary, and not for purposes of speculation or taking a “market view;” (c) Indebtedness secured by Liens permitted by Section 7.01(r7.01(s), provided that the aggregate outstanding principal amount of such Indebtedness does not at any time exceed the amount permitted by such Section; (d) Indebtedness existing at the time of acquisition of any new Restricted Subsidiary by the Borrower or by a then-existing Restricted Subsidiary of the Borrower; provided that such Indebtedness was not incurred in contemplation of, and was in existence prior to, such acquisition and that neither the Borrower nor any other Restricted Subsidiary of the Borrower has any liability under such Indebtedness;Indebtedness (other than a Subsidiary of any Person so acquired); and (e) Indebtedness of Restricted Subsidiaries of the Borrower (excluding Indebtedness otherwise permitted in clauses (a) through (d) of this Section 7.03) which does not exceed at any time an aggregate principal amount outstanding equal to fifteen percent (15%) of Consolidated Net Tangible Assets.