Indebtedness of the Borrower and its Subsidiaries Clause Samples
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Indebtedness of the Borrower and its Subsidiaries. The Borrower shall not, and shall not permit any of its Subsidiaries to, create, assume, incur or otherwise become or remain obligated in respect of, or permit to be outstanding, any Indebtedness except:
(a) the Obligations;
(b) accounts payable, accrued expenses (including taxes) and customer advance payments incurred in the ordinary course of business;
(c) Indebtedness secured by Permitted Liens;
(d) obligations under Interest Hedge Agreements with respect to the Loans;
(e) Indebtedness of the Borrower or any of its Restricted Subsidiaries to the Borrower or any other Restricted Subsidiary so long as the corresponding debt instruments are pledged to the Administrative Agent as security for the Obligations and such Indebtedness is expressly permitted pursuant to Section 7.5 hereof;
(f) Indebtedness incurred by any Unrestricted Subsidiary; provided that such Indebtedness is non-recourse to the Borrower or any of its Restricted Subsidiaries and no Lien is placed on the Borrower's or any of its Restricted Subsidiaries' equity interests in such Unrestricted Subsidiary;
(g) Capitalized Lease Obligations not to exceed in the aggregate at any one time outstanding $1,000,000; and
(h) Indebtedness of the Borrower or any of its Restricted Subsidiaries incurred in connection with an Acquisition; provided that (i) such Indebtedness (A) is owed to the seller thereof, (B) is unsecured, (C) has no scheduled payment of principal prior to the full payment of the Obligations, (D) is subject to terms and conditions and subordination provisions which are acceptable to the Majority Banks on the date of incurrence, (E) when added to all other Indebtedness outstanding under this Section 7.1(h) does not exceed $5,000,000 and (ii) the Borrower is, at the time of incurrence of such Indebtedness (and after giving effect thereto) in pro forma compliance with all of the covenants contained in this Agreement.
Indebtedness of the Borrower and its Subsidiaries existing as of the Closing Date (and set forth in Schedule 6.1(b) hereto) and renewals, refinancings and extensions thereof in a principal amount not in excess of that outstanding as of the date of such renewal, refinancing or extension;
Indebtedness of the Borrower and its Subsidiaries under performance bonds, surety bonds, release, appeal and similar bonds, statutory obligations or with respect to workers’ compensation claims, or arising from Guarantees to suppliers, lessors, licensees, contractors, franchises or customers of obligations (other than Indebtedness), in each case, incurred in the ordinary course of business, and reimbursement obligations in respect of any of the foregoing;
Indebtedness of the Borrower and its Subsidiaries. The Borrower shall not, and shall not permit any of its Subsidiaries to, create, assume, incur or otherwise become or remain obligated in respect of, or permit to be outstanding, any Indebtedness, except:
(a) the Obligations;
Indebtedness of the Borrower and its Subsidiaries. The Borrower shall not, and shall cause each of its Subsidiaries not to, create, assume, incur or otherwise become or remain obligated in respect of, or permit to be outstanding, any Indebtedness except:
(a) The Obligations;
(b) Current accounts payable, accrued expenses, customer advance payments and other current liabilities (other than for money borrowed) incurred in the ordinary course of business;
(c) CellNet Subordinated Debt;
(d) An amount not to exceed $500,000 in the aggregate at any time outstanding consisting of (i) Capitalized Lease Obligations, and (ii) Indebtedness secured by purchase money security interests described in subparagraph (g)(ii) of the definition of Permitted Liens set forth in Article 1 hereof;
(e) Other unsecured Indebtedness, including without duplication any Guaranties of the Borrower or any Subsidiary not otherwise permitted pursuant to clauses (a) through (d) of Section 7.5, in an amount not to exceed $2,000,000 in the aggregate at any time outstanding; and
(f) Indebtedness under Interest Hedge Agreements entered into in satisfaction of the Borrower's obligations under Section 5.12 hereof.
Indebtedness of the Borrower and its Subsidiaries. Set ------------------------------------------------- forth on Schedule 7.2 hereto is a complete and accurate list of all Indebtedness ------------ of the Borrower and each of its Subsidiaries existing as of the Closing Date, showing the principal amount outstanding thereunder as of the Closing Date.
Indebtedness of the Borrower and its Subsidiaries existing as of the date hereof and disclosed to the Administrative Agent in writing prior to the date hereof, and renewals, refinancings or extensions of any of the above in a principal amount not in excess of that outstanding as of the date of such renewal, refinancing or extension;
Indebtedness of the Borrower and its Subsidiaries. The Borrower shall not, and shall not permit any of its Subsidiaries to, create, assume, incur or otherwise become or remain obligated in respect of, or permit to be outstanding, any Indebtedness except:
(a) the Obligations;
(b) Indebtedness secured by Permitted Liens;
(c) obligations under Interest Hedge Agreements with respect to the Loans; and
(d) Indebtedness of the Borrower or any of its Subsidiaries to any such Subsidiary or to the Borrower or any other Subsidiary of the Borrower, respectively, so long as the corresponding debt instruments, if any, are pledged to the Administrative Agent as security for the Obligations.
Indebtedness of the Borrower and its Subsidiaries. Each Credit Party shall not, and shall not permit any of its Subsidiaries to, create, assume, incur or otherwise become or remain obligated in respect of, or permit to be outstanding, any Indebtedness except the Credit Parties may incur the following Indebtedness:
(a) the Obligations;
(b) Indebtedness secured by Permitted Liens;
(c) obligations under any Secured Hedge Agreement;
(d) Indebtedness of a Credit Party owing to or from any other Credit Party, so long as the corresponding debt instruments, if any, are pledged to the Administrative Agent as security for the Obligations;
(e) Capitalized Lease Obligations, Indebtedness secured by purchase money liens or unsecured, subordinated Indebtedness for Money Borrowed not to exceed in the aggregate $2,500,000;
(f) Guaranties of other Indebtedness permitted pursuant to this Agreement;
(g) Indebtedness with respect to reimbursement obligations under surety, appeal and performance bonds;
(h) until the Term Loan Commitment Termination Date, the Bonds; and
(i) any refinancing, extension, substitution or replacement of Indebtedness permitted pursuant to Section 7.1(b), (c), (e), (f) (g) or (i) hereof so long as there is no increase in the principal amount of the Indebtedness refinanced, substituted or replaced thereby.
Indebtedness of the Borrower and its Subsidiaries. Set forth on Schedule 5.28 hereto is a complete and accurate list of all Indebtedness of the Borrower and each of its Subsidiaries existing as of the Second A&R Closing Date (other than Surviving Debt), showing the principal amount outstanding thereunder as of the Second A&R Closing Date. As of the Second A&R Closing Date, the Borrower and its Subsidiaries have redeemed or repur- 66 72 chased Convertible Subordinated Notes for an aggregate purchase price of $31,179,980, and the par value of all Convertible Subordinated Notes so redeemed or repurchased is $38,000,000 as of the Second A&R Closing Date.