Other Indebtedness Not Clause Samples

Other Indebtedness Not the Subject of this Agreement. Borrower acknowledges that Lender is also the assignee of another Promissory Note and Loan and Security Agreement dated November 4, 2011, but in the original principal sum of $87,325,304.24, and that said obligation is explicitly not released, waived, compromised or in any way modified as a result of this Agreement.
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Related to Other Indebtedness Not

  • Other Indebtedness (i) The Borrower or any Significant Subsidiary fails to pay when due (either at stated maturity or by acceleration or otherwise, but subject to applicable grace periods) any principal or interest in respect of any Indebtedness for Borrowed Money (other than Indebtedness of the Borrower under this Agreement), Secured Indebtedness or Junior Subordinated Debt if the aggregate principal amount of all such Indebtedness for which such failure to pay shall have occurred and be continuing exceeds $125,000,000 or (ii) any default, event or condition shall have occurred and be continuing with respect to any Indebtedness for Borrowed Money, Secured Indebtedness or Junior Subordinated Debt of the Borrower or any Significant Subsidiary (other than Indebtedness of the Borrower under this Agreement), the effect of which default, event or condition is to cause, or to permit the holder thereof to cause, (A) such Indebtedness to become due prior to its stated maturity (other than in respect of mandatory prepayments required thereby) or (B) in the case of any Guarantee of Indebtedness for Borrowed Money or Junior Subordinated Debt by the Borrower or any of its Significant Subsidiaries, the primary obligation (as such term is defined in the definition of “Guarantee” in Section 1.1) to which such Guarantee relates to become due prior to its stated maturity, if the aggregate amount of all such Indebtedness or primary obligations with respect to which the Borrower or any of its Significant Subsidiaries is liable (as the case may be) that is or could be caused to be due prior to its stated maturity exceeds $125,000,000; or

  • Prepayment of Other Indebtedness, Etc The Credit Parties will not permit any Consolidated Party to (a) if any Default or Event of Default has occurred and is continuing or would be directly or indirectly caused as a result thereof, (i) amend or modify any of the terms of any Indebtedness of such Consolidated Party if such amendment or modification would add or change any terms in a manner adverse to such Consolidated Party, or shorten the final maturity or average life to maturity or require any payment to be made sooner than originally scheduled or increase the interest rate applicable thereto, or (ii) except for the exchange of the Subordinated Notes for (A) the Subordinated Remarketed Notes or (B) notes with identical terms as the Subordinated Remarketed Notes registered pursuant to the registration rights agreement attached as an exhibit to the Subordinated Note Purchase Agreement, make (or give any notice with respect thereto) any voluntary or optional payment or prepayment or redemption or acquisition for value of (including without limitation, by way of depositing money or securities with the trustee with respect thereto before due for the purpose of paying when due), refund, refinance or exchange of any other Indebtedness of such Consolidated Party, (b) amend or modify any of the terms of any Subordinated Indebtedness if such amendment or modification would add or change any terms in a manner adverse to the Consolidated Parties, or shorten the final maturity or average life to maturity thereof or require any payment to be made sooner than originally scheduled or increase the interest rate applicable thereto or change any subordination provision thereof, (c) make interest payments (including payment of accrued interest and premium, if any, payable in connection with a redemption of any Subordinated Indebtedness permitted under this Section 8.8) or any other payments in respect of any Subordinated Indebtedness in violation of the subordination provisions of the documents evidencing or governing such Subordinated Indebtedness or (d) except for the exchange of the Subordinated Notes for (A) the Subordinated Remarketed Notes or (B) notes with identical terms as the Subordinated Remarketed Notes registered pursuant to the registration rights agreement attached as an exhibit to the Subordinated Note Purchase Agreement, make (or give any notice with respect thereto) any voluntary or optional payment or prepayment, redemption, acquisition for value or defeasance of (including without limitation, by way of depositing money or securities with the trustee with respect thereto before due for the purpose of paying when due), refund, refinance or exchange of any Subordinated Indebtedness.

  • Prepayments of Other Indebtedness Modifications of Organizational Documents and Other Documents, etc. 95 SECTION 6.12 Limitation on Certain Restrictions on Subsidiaries 96 SECTION 6.13 Business 96 SECTION 6.14 Fiscal Year 96 SECTION 6.15 No Further Negative Pledge 96 SECTION 6.16 Anti-Terrorism Law; Anti-Money Laundering 97 SECTION 6.17 Embargoed Person 97 SECTION 7.01 The Guarantee 98 SECTION 7.02 Obligations Unconditional 98 SECTION 7.03 Reinstatement 99 SECTION 7.04 Subrogation; Subordination 99 SECTION 7.05 Remedies 99 SECTION 7.06 Instrument for the Payment of Money 99 SECTION 7.07 Continuing Guarantee 100 SECTION 7.08 General Limitation on Guarantee Obligations 100 SECTION 7.09 Release of Guarantors 100 SECTION 8.01 Events of Default 100 SECTION 9.01 Application of Proceeds 103 SECTION 10.01 Appointment 103 SECTION 10.02 Agent in Its Individual Capacity 104 SECTION 10.03 Exculpatory Provisions 104 SECTION 10.04 Reliance by Agent 104 SECTION 10.05 Delegation of Duties 104 SECTION 10.06 Successor Agent 105 SECTION 10.07 Non-Reliance on Agent and Other Lenders 105 SECTION 10.08 Name Agents 105 SECTION 10.09 Indemnification 105 SECTION 11.01 Notices 106 SECTION 11.02 Waivers; Amendment 107 SECTION 11.03 Expenses; Indemnity 110 SECTION 11.04 Successors and Assigns 112 SECTION 11.05 Survival of Agreement 114 SECTION 11.06 Counterparts; Integration; Effectiveness 114 SECTION 11.07 Severability 114 SECTION 11.08 Right of Setoff 115 SECTION 11.09 Governing Law; Jurisdiction; Consent to Service of Process 115 SECTION 11.10 Waiver of Jury Trial 115 SECTION 11.11 Headings 116 SECTION 11.12 Confidentiality 116 SECTION 11.13 Interest Rate Limitation 116 SECTION 11.14 Lender Addendum 117 Annex I Amortization Table Schedule 1.01(a) Mortgaged Property Schedule 1.01(b) Refinancing Indebtedness to Be Repaid Schedule 1.01(c) Subsidiary Guarantors Schedule 1.01(d) Selected Quarterly Adjusted EBITDA Schedule 3.03 Governmental Approvals; Compliance with Laws Schedule 3.05(a) Properties Schedule 3.05(b) Real Property Schedule 3.06(a) Intellectual Property Schedule 3.06(c) Intellectual Property: Violations or Proceedings Schedule 3.07(a) Subsidiaries Schedule 3.07(c) Corporate Organizational Chart Schedule 3.08 Litigation; compliance with Laws Schedule 3.18 Environmental Matters Schedule 3.19 Insurance Schedule 3.24 Location of Material Inventory Schedule 4.01(g) Local Counsel Schedule 4.01(n)(vi) Landlord Access Agreements Schedule 4.01(o)(iii) Title Insurance Amounts Schedule 6.01(b) Existing Indebtedness Schedule 6.02(c) Existing Liens Schedule 6.04(b) Existing Investments Exhibit A Form of Administrative Questionnaire Exhibit B Form of Assignment and Assumption Exhibit C Form of Borrowing Request Exhibit D Form of Compliance Certificate Exhibit E Form of Interest Election Request Exhibit F Form of Joinder Agreement Exhibit G Form of Landlord Access Agreement Exhibit H Form of LC Request Exhibit I Form of Lender Addendum Exhibit J-1 Form of Mortgage Exhibit J-2 Form of Leasehold Mortgage Exhibit K-1 Form of Term Note Exhibit K-2 Form of Revolving Note Exhibit K-3 Form of Swingline Note Exhibit L Form of Perfection Certificate Exhibit M Form of Security Agreement Exhibit N-1 Form of Opinion of Company Counsel Exhibit N-2 Form of Opinion of Local Counsel Exhibit O Form of Solvency Certificate Exhibit P Form of Intercompany Note Exhibit Q Form of Non-Bank Certificate This CREDIT AGREEMENT (this “Agreement”) dated as of May 27, 2004, among LEINER MERGER CORPORATION, a Delaware corporation (“Mergeco” or, prior to the Merger (as defined below), the “Borrower”), L▇▇▇▇▇ HEALTH PRODUCTS INC., a Delaware corporation (“LHPI” or, following the Merger, the “Borrower”), the Guarantor, the Subsidiary Guarantors (such term and each other capitalized term used but not defined herein having the meaning given to it in Article I), the Lenders, UBS SECURITIES LLC and M▇▇▇▇▇ S▇▇▇▇▇▇ SENIOR FUNDING, INC., as joint lead arrangers and joint book-runners (in such capacity, each an “Arranger”) M▇▇▇▇▇ S▇▇▇▇▇▇ SENIOR FUNDING, INC., as syndication agent (in such capacity, “Syndication Agent”), CREDIT SUISSE FIRST BOSTON, as documentation agent (in such capacity, “Documentation Agent”), UBS LOAN FINANCE LLC, as swingline lender (in such capacity, “Swingline Lender”), and UBS AG, STAMFORD BRANCH, as issuing bank (in such capacity, “Issuing Bank”), as administrative agent (in such capacity, “Administrative Agent”) for the Lenders and as collateral agent (in such capacity, “Collateral Agent”) for the Secured Parties and the Issuing Bank.

  • Indebtedness Create, incur, assume, or be liable for any Indebtedness, or permit any Subsidiary to do so, other than Permitted Indebtedness.

  • Other Indebtedness and Agreements (a) Permit (i) any waiver, supplement, modification, amendment, termination or release of any indenture, instrument or agreement pursuant to which any Material Indebtedness of the Borrower or any of the Subsidiaries is outstanding if the effect of such waiver, supplement, modification, amendment, termination or release would materially increase the obligations of the obligor or confer additional material rights on the holder of such Indebtedness in a manner adverse to the Borrower, any of the Subsidiaries or the Lender or (ii) any waiver, supplement, modification or amendment of its certificate of incorporation, bylaws, operating, management or partnership agreement or other organizational documents, to the extent any such waiver, supplement, modification or amendment would be adverse to the Lender in any material respect. (i) Make any distribution, whether in cash, property, securities or a combination thereof, other than regular scheduled payments of principal and interest as and when due (to the extent not prohibited by applicable subordination provisions), in respect of, or pay, or commit to pay, or directly or indirectly (including pursuant to any Synthetic Purchase Agreement) redeem, repurchase, retire or otherwise acquire for consideration, or set apart any sum for the aforesaid purposes, any Indebtedness except (A) the payment of the Indebtedness created hereunder, (B) refinancings of Indebtedness permitted by Section 6.01 and (C) the payment of secured Indebtedness that becomes due as a result of the voluntary sale or transfer of the property or assets securing such Indebtedness or (ii) pay in cash any amount in respect of any Indebtedness (other than the Loans) or preferred Equity Interests that may at the obligor’s option be paid in kind or in other securities.