Restricted Indebtedness Clause Samples

Restricted Indebtedness. The Company will not, directly or indirectly, incur any Indebtedness the proceeds of which will be used to pay dividends upon shares of the Company's Common Stock or any other capital stock of the Company that may from time to time be outstanding.

Restricted Indebtedness. (a) No Credit Party will, nor will it permit any Restricted Subsidiary to, optionally or voluntarily redeem, purchase, acquire, defease or otherwise satisfy prior to the scheduled maturity thereof in any manner, or make any payment in violation of any subordination terms of, or segregate funds with respect to, any Restricted Indebtedness (“Restricted Indebtedness Payments”) other than (i) Restricted Indebtedness Payments made in respect of intercompany Restricted Indebtedness; provided that no such payment may be made to a non-Credit Party unless the Payment Conditions shall be satisfied; (ii) Restricted Indebtedness Payments made by exchange for, or out of the proceeds of the substantially concurrent incurrence of, Permitted Refinancing Indebtedness; (iii) Restricted Indebtedness Payments made by exchange for Equity Interests of the Parent (other than Disqualified Stock); and (iv) Restricted Indebtedness Payments, provided that the Payment Conditions shall be satisfied.

Restricted Indebtedness. (a) Incur, create or assume any Restricted Indebtedness if any Default (including, without limitation, any Default with respect to Sections 6.10 through and including 6.14, as reasonably determined on a pro forma basis) or Event of Default exists or will result from the incurrence, creation or assumption of such Restricted Indebtedness or (b) incur, create or assume any Indebtedness referred to in clause (i) of the definition of Restricted Indebtedness if any Default (including, without limitation, any Default with respect to Sections 6.10 through and including 6.14, as reasonably determined on a pro forma basis) or Event of Default exists or will result from the incurrence, creation or assumption of such Indebtedness.

Restricted Indebtedness. 63 SECTION 6.2. Liens...............................................................64 SECTION 6.3. Sale and Lease-Back Transactions....................................66 SECTION 6.4. Acquisitions, Investments, Loans and Advances.......................66 SECTION 6.5. Mergers, Consolidations and Sales of Assets.........................68 SECTION 6.6. Dividends and Distributions; Restrictions on Ability of Subsidiaries to Pay Dividends....................................69 SECTION 6.7. Transactions with Affiliates........................................70 SECTION 6.8. Business of the Company and Subsidiaries............................70 SECTION 6.9. Fiscal Year.........................................................70 SECTION 6.10. Capital Expenditures................................................70 SECTION 6.11. Consolidated Leverage Ratio.........................................70 SECTION 6.12. Minimum Net Worth...................................................70 -iii- 5 TABLE OF CONTENTS (CONTINUED) PAGE

Restricted Indebtedness. Prior to the Minimum Return Date, the Seller shall not, and shall not permit any of its Subsidiaries to, create, incur, assume or suffer to exist any Restricted Indebtedness. As a condition to the incurrence at any time of any secured Indebtedness for borrowed money with one or more lenders other than the holders of Indebtedness under the Credit Agreement, either (a) the Seller shall cause such lender or lenders or any agent, representative or trustee acting on behalf of such lender or lenders to become a party to the Intercreditor Agreement or (b) the Buyer shall enter, and the Seller shall enter and cause such lender or lenders or any agent, representative or trustee acting on behalf of such lender or lenders to enter into an Other Intercreditor Agreement which shall be subject to the prior written consent of Buyer, such consent to not be unreasonably withheld, conditioned or delayed.

Restricted Indebtedness. The Company will not, and will not permit any Subsidiary to, (i) make any amendment or modification to any Senior Note Document that is adverse to the interests of the Lenders, or (ii) directly or indirectly voluntarily prepay, defease or in substance defease, purchase, redeem, retire or otherwise acquire any Restricted Indebtedness unless, immediately after giving effect to any prepayment, defeasance, purchase, redemption, retirement or other acquisition of such Restricted Indebtedness, no Default shall exist and the Company shall have unused availability under this Agreement and the Permitted Receivables Facilities, on a combined basis, of at least $100,000,000.

Restricted Indebtedness. The Purchaser covenants and agrees that it shall not, directly or indirectly, incur, assume, or guarantee any Restricted Indebtedness unless it furnishes to the Bondholder before it incurs such Restricted Indebtedness a certificate to the effect that for each of the two prior Fiscal Years immediately preceding the incurrence of the proposed Restricted Indebtedness, the Debt Service Coverage Ratio, determined by the application of pro forma adjustments to the audited statements of revenues, expenditures, and changes in fund balances of the governmental funds of the Purchaser furnished to the Bondholder pursuant to Section 6.03(b) hereof that include the Maximum Annual Debt Service Requirement on the proposed Restricted Indebtedness in the historical Debt Service Requirement for each such Fiscal Year, was greater than or equal to 1.30.

Restricted Indebtedness. Section 6.9 Diligence Section 6.10 Efforts to Consummate Transactions

Restricted Indebtedness. (a) Increase the aggregate amount of Consolidated Indebtedness at any time from the Effective Date through and including October