Common use of Limitation on Additional Indebtedness Clause in Contracts

Limitation on Additional Indebtedness. Neither Borrower nor any of its Subsidiaries shall, directly or indirectly, incur or suffer to exist any Indebtedness; provided that Borrower and it Subsidiaries may incur: (a) Indebtedness under this Agreement; (b) Indebtedness secured by Liens permitted under Section 10.03 other than Section 10.03(b) (but, in the case of Liens permitted under Section 10.03(a), only to the extent of the Indebtedness related thereto); (c) any other Indebtedness of Borrower, which by its terms (or by the terms of any agreement governing such Indebtedness) is fully subordinated in right of payment to the Loans; (d) capital leases and leasehold improvements consistent with past practices; or (e) other unsecured Indebtedness of Borrower not to exceed [*****].

Appears in 2 contracts

Sources: Loan Agreement (Dyax Corp), Loan Agreement (Dyax Corp)

Limitation on Additional Indebtedness. Neither Borrower nor any of its Subsidiaries shall, directly or indirectly, incur or suffer to exist any Indebtedness; provided that Borrower and it Subsidiaries may incur: (a) Indebtedness under this Amended Agreement; (b) Indebtedness secured by Liens permitted under Section 10.03 other than Section 10.03(b) (but, in the case of Liens permitted under Section 10.03(a), only to the extent of the Indebtedness related thereto); (c) any other Indebtedness of Borrower, which by its terms (or by the terms of any agreement governing such Indebtedness) is fully subordinated in right of payment to the Loans; (d) capital leases and leasehold improvements consistent with past practices; or (e) other unsecured Indebtedness of Borrower not to exceed [*****].

Appears in 2 contracts

Sources: Loan Agreement (Dyax Corp), Loan Agreement (Dyax Corp)