Acquisition of Debt Sample Clauses

Acquisition of Debt. Purchase, redeem, prepay, tender for or otherwise acquire, directly or indirectly, any of the outstanding Notes or Senior Debt except upon the repurchase or prepayment of the Notes in accordance with the other terms of this Agreement, or the refinancing, repurchase or repayment of the Senior Debt in accordance with the Senior Loan Documents or the Intercreditor Agreement. Borrower will promptly cancel all Notes or Senior Debt acquired by it or any of its Subsidiaries or Affiliates pursuant to any purchase, redemption, prepayment or tender for the Notes or Senior Debt pursuant to any provision of this Agreement or otherwise and no Notes or Senior Debt may be issued in substitution or exchange for any such Notes or Senior Debt. For the avoidance of doubt, this Section 7.12 is not intended and shall not prevent Borrower from making (a) regularly scheduled payments of principal and interest pursuant to the Senior Loan Agreement, or (b) any prepayments of the Senior Debt not otherwise prohibited by this Agreement or the Intercreditor Agreement.
AutoNDA by SimpleDocs
Acquisition of Debt. The Charter Member shall not acquire any debt, additional Units or Other Equity that have been issued by the Company or any of its Subsidiaries to third parties from such third parties without the consent of the Special Member.
Acquisition of Debt. Great Lakes will not (i) create or incur any Indebtedness (other than the Obligations) which is subordinated or junior in right of payment to any other Indebtedness of Great Lakes, unless such Indebtedness is also subordinated or junior in right of payment, in the same manner and to the same extent, to the Obligations, and (ii) Great Lakes shall not have outstanding, create or incur any Indebtedness (other than Permitted Indebtedness) owing to any Affiliate or employee of Great Lakes unless such Indebtedness is expressly subordinated to the Loans and other Obligations in a manner and on terms satisfactory to each Agent.
Acquisition of Debt. The Loan Parties shall not, and shall not permit any Subsidiary or Affiliate to, purchase, redeem, prepay, tender for or otherwise acquire, directly or indirectly, any Indebtedness of a Loan Party, including, without limitation, any Indebtedness incurred under the Revolving Credit Facility. The Loan Parties will promptly cancel or cause to be cancelled all Indebtedness of a Loan Party acquired by it or any of its Subsidiaries or Affiliates pursuant to any purchase, redemption, prepayment or tender, and no loans or notes may be issued in substitution or exchange for any such Indebtedness.
Acquisition of Debt. Purchase, redeem, prepay, tender for or otherwise acquire, directly or indirectly, any of the outstanding Second Lien Debt. For the avoidance of doubt, this Section 10.2.26 is not intended and shall not prevent Obligors from making (a) regularly scheduled payments of principal and interest pursuant to the Second Lien Loan Agreement, or (b) any prepayments of the Second Lien Loan Agreement not otherwise prohibited by this Loan Agreement or the Intercreditor Agreement.
Acquisition of Debt. Purchase, redeem, prepay, tender for or otherwise acquire, directly or indirectly, any of the outstanding Term Loans or First Lien Debt except (I) upon the repurchase, redemption, tender or other acquisition of the Term Loans in full, (II) any prepayment of the Term Loans in accordance with the terms of this Loan Agreement, (III) any Refinancing, repurchase, redemption, tender or other acquisition of the First Lien Debt not prohibited by the terms of the Intercreditor Agreement or (IV) any voluntary or mandatory prepayment of the First Lien Debt not prohibited by this Loan Agreement. Obligors will promptly cancel all Term Loans or First Lien Debt acquired by it or any of its Subsidiaries or Affiliates which control, are controlled by, or are under common control with such Obligors pursuant to any purchase, redemption, prepayment or tender for the Term Loans or First Lien Debt pursuant to any provision of this Loan Agreement or otherwise and no Term Loans or First Lien Debt may be issued in substitution or exchange for any such Term Loans or First Lien Debt. For the avoidance of doubt, this Section 10.2.27 is not intended and shall not prevent Obligors from making (a) regularly scheduled payments of principal and interest pursuant to the First Lien Loan Agreement, or (b) any prepayments of Term Loans or Debt under the First Lien Loan Agreement not otherwise prohibited by this Loan Agreement.
Acquisition of Debt. The Charter Member shall not acquire any debt, additional Units or Other Equity that have been issued by the Company or any of its Subsidiaries to third parties from such third parties without the consent of the Special Member. Signature Page to Limited Liability Company Agreement of Centerbrook Holdings LLC by and among the undersigned and the other parties thereto. CHARTER MEMBER: CHARTER MAC CORPORATION By: /s/ Xxxx X. Xxxxxxxxx --------------------- Name: Xxxx X. Xxxxxxxxx Title: Chief Executive Officer SPECIAL MEMBER: IXIS FINANCIAL PRODUCTS INC. By: /s/ X. Xxxxxxx -------------- Name: X. Xxxxxxx Title: Managing Director By: /s/ Xxxxxxxxxxx Xxxxxx ---------------------- Name: Xxxxxxxxxxx Xxxxxx Title: Managing Director SCHEDULE A ---------- ADDRESSES FOR NOTICES --------------------- If to the Charter Member, to: Charter Mac Corporation 000 Xxxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxx Xxxxxxxxx with a copy to: Proskauer Rose LLP 0000 Xxxxxxxx Xxx Xxxx, Xxx Xxxx 00000-0000 Attention: Xxxxxx X. Xxxxxxx, Esq. If to the Special Member, to: IXIS Financial Products Inc. 0 Xxxx 00xx Xxxxxx Xxx Xxxx, XX 00000 Attention: Xxxx Xxxxxxx SCHEDULE B ---------- ALLOCATIONS -----------
AutoNDA by SimpleDocs

Related to Acquisition of Debt

  • Subordination of Debt Until senior debt has been paid in full, Debtor will not pay and Creditor will not accept any payment on subordinated debt at any time that an Event of Default (as defined in the Senior Facility Agreement) has occurred and is continuing in respect of senior debt. Anything of value received by Creditor on account of subordinated debt in violation of this agreement will be held by Creditor in trust and immediately will be turned over to Lender in the form received to be applied by Lender on senior debt.

  • DESCRIPTION OF EXISTING INDEBTEDNESS Among other indebtedness which may be owing by Borrowers to Lender, Borrowers are indebted to Lender pursuant to, among other documents, a Business Financing Agreement, dated May 21, 2013, by and among Borrowers and Lender, as may be amended from time to time (the “Business Financing Agreement”). Capitalized terms used without definition herein shall have the meanings assigned to them in the Business Financing Agreement. Hereinafter, all indebtedness owing by Borrowers to Lender shall be referred to as the “Indebtedness” and the Business Financing Agreement and any and all other documents executed by Borrowers in favor of Lender shall be referred to as the “Existing Documents.”

  • CONVERSION OF DEBT A. Claimant and OnSource affirm and agree that as of the date of this Agreement, OnSource is indebted to Claimant in an amount equal to $54,000.00.

  • Cancellation of Debt The Borrower shall not cancel any claim or debt owing to it, except for reasonable consideration or in the ordinary course of business.

  • Fundamental Changes and Acquisitions Such Obligor will not, and will not permit any of its Subsidiaries to, (i) enter into any transaction of merger, amalgamation or consolidation (ii) liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or (iii) make any Acquisition or otherwise acquire any business or substantially all the property from, or capital stock of, or be a party to any acquisition of, any Person, except:

  • Investments and Acquisitions The Borrower will not, nor will it permit any Subsidiary to, make or suffer to exist any Investments (including without limitation, loans and advances to, and other Investments in, Subsidiaries), or commitments therefor, or to create any Subsidiary or to become or remain a partner in any partnership or joint venture, or to make any Acquisition of any Person, except:

  • Repayment of Existing Indebtedness Evidence that the principal of and interest on, and all other amounts owing in respect of, the Indebtedness (including, without limitation, any contingent or other amounts payable in respect of letters of credit) indicated on SCHEDULE 8.12A hereto that is to be repaid on the Closing Date shall have been (or shall be simultaneously) paid in full, that any commitments to extend credit under the agreements or instruments relating to such Indebtedness shall have been canceled or terminated and that all Guarantees in respect of, and all Liens securing, any such Indebtedness shall have been released (or arrangements for such release satisfactory to the Required Lenders shall have been made); in addition, the Administrative Agent shall have received from any Person holding any Lien securing any such Indebtedness, such Uniform Commercial Code termination statements, mortgage releases and other instruments, in each case in proper form for recording, as the Administrative Agent shall have requested to release and terminate of record the Liens securing such Indebtedness (or arrangements for such release and termination satisfactory to the Required Lenders shall have been made).

  • Formation or Acquisition of Subsidiaries Notwithstanding and without limiting the negative covenants contained in Sections 7.3 and 7.7 hereof, at the time that Borrower or any Guarantor forms any direct or indirect Subsidiary or acquires any direct or indirect Subsidiary after the Effective Date, Borrower and such Guarantor shall (a) cause such new Subsidiary to provide to Bank a joinder to this Agreement to become a co-borrower hereunder or a Guaranty to become a Guarantor hereunder, together with such appropriate financing statements and/or Control Agreements, all in form and substance satisfactory to Bank (including being sufficient to grant Bank a first priority Lien (subject to Permitted Liens) in and to the assets of such newly formed or acquired Subsidiary), (b) provide to Bank appropriate certificates and powers and financing statements, pledging all of the direct or beneficial ownership interest in such new Subsidiary, in form and substance satisfactory to Bank; and (c) provide to Bank all other documentation in form and substance satisfactory to Bank, including one or more opinions of counsel satisfactory to Bank, which in its opinion is appropriate with respect to the execution and delivery of the applicable documentation referred to above. Any document, agreement, or instrument executed or issued pursuant to this Section 6.13 shall be a Loan Document.

  • Limitation on Incurrence of Indebtedness and Issuance of Disqualified Stock and Preferred Stock (a) (i) The Company shall not, and shall not permit any of the Restricted Subsidiaries to, directly or indirectly, Incur any Indebtedness (including Acquired Indebtedness) or issue any shares of Disqualified Stock; and (ii) the Company shall not permit any of the Restricted Subsidiaries to issue any shares of Preferred Stock; provided, however, that the Company and any Restricted Subsidiary may Incur Indebtedness (including Acquired Indebtedness) or issue shares of Disqualified Stock and any Restricted Subsidiary may issue shares of Preferred Stock, in each case if the Interest Coverage Ratio of the Company for the most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is Incurred or such Disqualified Stock or Preferred Stock is issued would have been at least 2.00 to 1.00 determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been Incurred, or the Disqualified Stock or Preferred Stock had been issued, as the case may be, and the application of proceeds therefrom had occurred at the beginning of such four-quarter period; provided, further, that Restricted Subsidiaries that are not Guarantors may not Incur Indebtedness or issue shares of Disqualified Stock or Preferred Stock pursuant to this Section 4.03(a) if, after giving pro forma effect to such Incurrence or issuance (including the pro forma application of the net proceeds therefrom), the aggregate principal amount of Indebtedness or Disqualified Stock or Preferred Stock then outstanding of Restricted Subsidiaries that are not Guarantors pursuant to this Section 4.03(a) exceeds the greater of $1,250 million and 5.0% of Total Assets (the “Non-Guarantor Exception”).

  • Subordination of Debentures 48 Section 16.1. Agreement to Subordinate........................................48 Section 16.2. Default on Senior Debt, Subordinated Debt or Additional Senior Obligations..................................................49 Section 16.3.

Time is Money Join Law Insider Premium to draft better contracts faster.