Limitations on Debt Sample Clauses
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Limitations on Debt. Create, incur, assume or suffer to exist any Debt, except:
(a) Indebtedness of any Loan Party to Bank under this Agreement and/or the other Loan Documents;
(b) any Debt existing on the Effective Date and set forth in Schedule 8.1 attached hereto;
(c) Debt created, incurred or assumed after the date hereof if the Fixed Charge Coverage Ratio (as defined in the Current Indenture) for the Borrower’s most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Debt is incurred would have been at least 1.75 to 1.0, determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Debt has been incurred at the beginning of such four-quarter period;
(d) any Debt of Borrower or any Subsidiary incurred to finance the acquisition of fixed or capital assets, whether pursuant to a loan or a Capitalized Lease, provided that both at the time of and immediately after giving effect to the incurrence thereof (i) no Default or Event of Default shall have occurred and be continuing, and (ii) the aggregate amount of all such Debt at any one time outstanding (including, without limitation, any Debt of the type described in this clause (d) which is set forth on Schedule 8.1 hereof) shall not exceed $20,000,000;
(e) Subordinated Debt in an aggregate principal amount at any time outstanding not to exceed $20,000,000;
(f) Debt under any Hedging Transactions, provided that such transaction is entered into for risk management purposes and not for speculative purposes;
(g) Debt owing to a Person that is a Loan Party, to the extent permitted under Section 8.7 hereof;
(h) Parity Lien Debt, as such term is defined in the Current Indenture;
(i) the guaranty by the Borrower or any Guarantor of Debt of Borrower or any Guarantor to the extent that the guaranteed Debt was permitted to be incurred by this Section 8.1; provided, however, that if the Debt being guaranteed is subordinated to or pari passu with the Indebtedness, then such guaranty must be subordinated or pari passu, as applicable, to the same extent as the Debt guaranteed;
(j) Debt of Borrower or a Subsidiary to current or former officers, directors and employees thereof, their respective estates, spouses or former spouses, in each case to finance the purchase or redemption of Capital Stock of Borrower; and
(k) the incurrence by Borrower or any Subsidiary of any Permitted Refinancing ...
Limitations on Debt. 39 SECTION 9.2 Limitations on Contingent Obligations.....................................................40 SECTION 9.3 Negative Pledge; Limitation on Lien.......................................................40 SECTION 9.4 Limitations on Loans, Advances, Investments and Acquisitions..............................40 SECTION 9.5 Limitations on Mergers and Liquidation....................................................42 SECTION 9.6 Limitations on Sale of Assets.............................................................42 SECTION 9.7 Limitations on Distributions..............................................................42 SECTION 9.8 Transactions with Affiliates..............................................................43 SECTION 9.9
Limitations on Debt. 59 11.8 Liens.............................................................................................60 11.9
Limitations on Debt. Not, and not permit any Subsidiary to, create, incur, assume or suffer to exist any Debt, except:
(a) obligations under this Agreement and the other Loan Documents;
(b) unsecured seller Debt which represents all or part of the purchase price payable in connection with a transaction permitted by Section 10.10(c); provided that (i) the aggregate outstanding principal amount of all such Debt shall not at any time exceed $15,000,000 and (ii) all such Debt shall have terms that are reasonably acceptable to the Administrative Agent;
(c) Debt secured by Liens permitted by Section 10.8(d); provided that the aggregate amount of all such Debt at any time outstanding shall not exceed $2,000,000;
(d) Debt of Subsidiaries owed to the Parent or any other Subsidiary;
(e) Hedging Obligations of the Company or any Subsidiary incurred in the ordinary course of business for bona fide hedging purposes and not for speculation;
(f) unsecured Debt of the Company to Subsidiaries;
(g) Subordinated Debt;
(h) Debt existing on the date hereof and listed on Schedule 10.7(h), and refinancings, amendments, restatements, supplements, refundings, renewals or extensions of any such Debt so long as the principal amount of such Debt (as so refinanced or otherwise modified) is not increased and the terms applicable to such Debt (as so refinanced or otherwise modified) are no less favorable to the Company or the applicable Subsidiary in any material respect than the terms in effect immediately prior to such refinancing or other modification (except that interest and fees payable with respect to such Debt (as so refinanced or modified) may be at the then-prevailing market rates);
(i) Debt from the Parent owing to the Company solely to the extent that the proceeds of such Debt are used by the Parent to pay its taxes and reasonable accounting, legal and corporate overhead expenses, in each case as they become due;
(j) subject to the limitations set forth in Section 10.8(k), Debt arising under Capital Leases;
(k) Suretyship Liabilities permitted by Section 10.19; and
(l) other Debt in an aggregate principal amount not to exceed $25,000,000 at any time.
Limitations on Debt. Create, incur, assume or suffer to exist any Debt except:
(a) the Obligations (excluding any Hedging Obligations);
Limitations on Debt. 75 SECTION 11.2 Limitations on Liens.......................................................... 76 SECTION 11.3 Limitations on Loans, Advances, Investments and Acquisitions.................. 77 SECTION 11.4 Limitations on Mergers and Liquidation........................................ 79 SECTION 11.5 Limitations on Sale of Assets................................................. 80 SECTION 11.6 Limitations on Dividends and Distributions.................................... 81 SECTION 11.7 Limitations on Exchange and Issuance of Capital Stock......................... 81 SECTION 11.8 Transactions with Affiliates.................................................. 81 SECTION 11.9 Certain Accounting Changes; Organizational Documents.......................... 81 SECTION 11.10 Amendments; Payments and Prepayments of Subordinated Debt..................... 81 SECTION 11.11 Amendments, Consents and Waivers under Asset Purchase Agreement............... 82 SECTION 11.12
Limitations on Debt. Create, incur, assume or suffer to exist any Debt except:
(a) the Obligations;
(b) Debt incurred in connection with a Hedging Agreement entered into in the ordinary course of business for protective and not speculative purposes;
(c) Subordinated Debt to Insignia not to exceed $100,000,000 at any one time outstanding;
(d) existing Debt set forth on Schedule 5.1(q) and the renewal and refinancing (but not the increase) thereof;
(e) Debt consisting of Contingent Obligations permitted by Section 9.2;
(f) Debt incurred by a Special Purpose Subsidiary to the extent permitted under Section 9.4(e);
(g) Debt incurred for all or a portion of the deferred purchase price of property to the extent IPT or the Borrower, as applicable, would have been permitted under this Agreement to purchase such property for cash; and
(h) other Debt of the Borrower not to exceed an aggregate of $5,000,000 at any time outstanding.
Limitations on Debt. 65 SECTION 11.2 Limitations on Liens............................................66 SECTION 11.3 Limitations on Loans, Advances, Investments and Acquisitions....67 SECTION 11.4
Limitations on Debt. 45 10.8 Liens................................................................................46 10.9 Operating Leases.....................................................................47 10.10
Limitations on Debt. 26 Section 10.4.