Limitation on Restrictive Agreements. Except those written agreements entered into in connection with the 1997 Senior Notes and the 1998 Senior Notes and in effect on the Effective Date, the Borrower shall not, and shall not permit the Parent or any Subsidiary of the Borrower to, enter into any indenture, agreement, instrument, financing document or other arrangement which, directly or indirectly, prohibits or restrains, or has the effect of prohibiting or restraining, or imposes materially adverse conditions upon: (a) the incurrence of indebtedness, (b) the granting of Liens, (c) the making or granting of Guarantees, (d) the payment of dividends or Distributions, (e) the purchase, redemption or retirement of any Capital Stock, (f) the making of loans or advances, (g) transfers or sales of property or assets (including Capital Stock) by the Parent, the Borrower or any of its Subsidiaries, (h) the making of Investments, or (h) any change of control or management.
Appears in 1 contract
Sources: Credit Agreement (Itc Deltacom Inc)
Limitation on Restrictive Agreements. Except those written agreements entered into in connection with the 1997 Senior Notes and the 1998 Senior Notes and in effect on the Effective Date, the The Borrower shall not, and shall not permit the Parent or any Restricted Subsidiary of to, other than in connection with the Borrower toSubordinated Notes and the FaciliCom Notes, or the World Access Charitable Trust Transaction, enter into any indenture, agreement, instrument, financing document or other arrangement which, directly or indirectly, prohibits or restrains, or has the effect of prohibiting or restraining, or imposes materially adverse conditions upon: (a) the incurrence of indebtednessDebt, (b) the granting of Liens, (c) the making or granting of Guarantees, (d) the payment of dividends or Distributions, (e) the purchase, redemption or retirement of any Capital Stock, (f) the making of loans or advances, (g) transfers or sales of property or assets (including Capital Stock) by the Parent, the Borrower or any of its the Restricted Subsidiaries, or (h) the making of Investments, Investments or (h) any change of control or managementacquisitions.
Appears in 1 contract
Limitation on Restrictive Agreements. Except those written agreements entered into in connection with the 1997 Senior Notes and the 1998 Senior Notes and in effect on the Effective Closing Date, the Borrower shall not, and shall not permit the Parent or any Subsidiary of the Borrower to, enter into any indenture, agreement, instrument, financing document or other arrangement which, directly or indirectly, prohibits or restrains, or has the effect of prohibiting or restraining, or imposes materially adverse conditions upon: (a) the incurrence of indebtedness, (b) the granting of Liens, (c) the making or granting of Guarantees, (d) the payment of dividends or Distributions, (e) the purchase, redemption or retirement of any Capital Stock, (f) the making of loans or advances, (g) transfers or sales of property or assets (including Capital Stock) by the Parent, the Borrower or any of its Subsidiaries, (h) the making of Investments, or (h) any change of control or management.
Appears in 1 contract
Sources: Credit Agreement (Itc Deltacom Inc)
Limitation on Restrictive Agreements. Except those written agreements entered into in connection with the 1997 Senior Notes and the 1998 Senior Notes and in effect on the Effective Date, the The Borrower shall not, and shall not permit the Parent Parents or any Restricted Subsidiary of to, other than in connection with the Borrower toSenior Notes and the Revolver/Term Credit Agreement or the AUSP Financing Agreements or the Project Agreements, enter into any indenture, agreement, instrument, financing document or other arrangement which, directly or indirectly, prohibits or restrains, or has the effect of prohibiting or restraining, or imposes materially adverse conditions upon: (a) the incurrence of indebtednessDebt, (b) the granting of LiensLiens (except for provisions contained in Capital Leases of property that are permitted hereunder that limit Liens only on the specific property subject to the Capital Lease, except for Liens in favor of the Administrative Agent and the Lenders), (c) the making or granting of Guarantees, (d) the payment of dividends or Distributions, (e) the purchase, redemption or retirement of any Capital Stock, (f) the making of loans or advances, (g) transfers or sales of property or assets (including Capital Stock) by the ParentParents, the Borrower or any of its the Restricted Subsidiaries, (h) the making of InvestmentsInvestments or acquisitions, or (hi) any change of control or management.
Appears in 1 contract
Sources: Credit Agreement (Gci Inc)