Additional Borrowing. Refrain from incurring any indebtedness except:
Additional Borrowing. Subject to satisfaction of all of the conditions in Section 4 hereof, the Lender will make an additional loan to the Borrower (the “Additional Borrowing”) in the aggregate principal amount of $4,000,000 on the Amendment Effective Date. The Borrower, the Administrative Agent and the Lender each intends that the Additional Borrowing is (i) a portion of the Loans under and pursuant to the Credit Agreement and (ii) a portion of the Loans for all purposes of the other Loan Documents.
Additional Borrowing. The parties hereto agree that all funds required for the purposes of Holdco II, Hovis and/or the Hovis Group shall be obtained, to the greatest extenx xxxsible, by boxxxxxng from a bank or other third party lender or otherwise accessing the capital markets. The decision whether such funds are required, from whom such funds will be borrowed and the terms and conditions of such borrowing shall be determined from time to time by the Board of Holdco II.
Additional Borrowing. Create, incur, assume or suffer to exist in any manner any additional Debt unless the payment of the Loans is senior to or ranks pari passu with the payment of such additional Debt, or permit any of its Subsidiaries to create, incur, assume or suffer to exist in any manner any additional Debt; provided that nothing contained in this Section 10.1 shall prohibit (i) the Borrower from incurring any additional Debt as long as the payment of the Loans is senior to or ranks pari passu with such additional Debt and as long as the creation, incurrence, assumption or existence of such additional Debt would not otherwise result in a violation of this Agreement, (ii) any Debt of any Subsidiary existing as of the date of this Agreement which is described on Schedule 10.1, (iii) any Debt of any Subsidiary owing to the Borrower or any other Subsidiary, (iv) any Debt of any Subsidiary outstanding at the time such Subsidiary becomes a Subsidiary of the Borrower and not incurred in contemplation thereof, as long as the Debt remains the sole obligation of such Subsidiary and as long as the outstanding amount of such Debt is not voluntarily increased by such Subsidiary after the date such Subsidiary becomes a Subsidiary of the Borrower, (v) any obligations of any Subsidiary incurred in the ordinary course of its business in connection with letters of credit, appeal bonds or collateral agreements, in any case related to reinsurance obligations, loss or claims payments under policies of insurance or other regulatory requirements, (vi) any Debt of any Subsidiary incurred in connection with any acquisition financing, provided that such Debt shall not exceed the cost of the acquisition, (vii) any Debt of any Subsidiary incurred in connection with any mortgage, refinancing or sale-leaseback of any real estate currently owned by any Subsidiary, (viii) any Debt of the Borrower or any Subsidiary secured by a Permitted Lien, provided that such Debt does not exceed the value of the assets or property subject to such Permitted Lien, and (ix) any Debt of any Subsidiary under any lease or purchase agreements hereafter incurred, as long as the aggregate of such Debt incurred by the Borrower and its Subsidiaries does not exceed $5,000,000 during any Fiscal Year.
Additional Borrowing. After the date hereof, Payor shall not incur any Senior Indebtedness, including through the amendment, modification, supplementation, refinancing or replacement of existing indebtedness, other than in connection with the A/R-Secured Loan Agreement or the Replacement Senior Secured Agreement.
Additional Borrowing. (i) The Lender shall fund the Additional Borrowing directly into a blocked account established and maintained by the Agent (the “Blocked Account”) as follows: (A) $500,000 of the Additional Borrowing on the Forbearance Effective Date and (B) the remaining amounts available under the Additional Borrowing on the one (1) week anniversary of the Forbearance Effective Date (the “Second Funding”); provided that the Lender shall not be obligated to fund the Second Funding if there is any default under this Agreement or the other Transaction Documents or a Material Adverse Change. The Blocked Account shall be subject to a deposit account control agreement in form and substance satisfactory to the Agent in its sole discretion necessary to provide the Lender and the Agent with a perfected, first-lien priority interest in such account and the cash deposited therein. The Companies shall maintain the Blocked Account until all principal, interest and any other amounts owed under the Term Note have been indefeasibly paid in full in cash.
Additional Borrowing. Create, incur, assume, or suffer to exist, or -------------------- permit any Subsidiary to create, incur, assume or suffer to exist, in any manner any indebtedness for borrowed money, deferred payment obligation for the purchase of assets, or other indebtedness, except (i) indebtedness owing to the Bank, (ii) indebtedness owing from the Company to a Material Subsidiary, from a Material Subsidiary to the Company, or from a Material Subsidiary to another Material Subsidiary, (iii) trade accounts payable arising in the ordinary course of business and payable on customary terms, (iv) capital leases of the Company set forth on Schedule 10.1 and (v) operating leases of the Company incurred in ------------- the ordinary course of the Company's business which do not exceed $3,000,000 in payment and other obligations for the Company in the aggregate in any fiscal year of the Company.
Additional Borrowing. The making by the Borrower of any additional borrowings, whether secured or unsecured, from any third party for purposes of the Project which have not been approved in writing by the Bank, except as provided in Section 6.4.
Additional Borrowing. Amounts borrowed hereunder and repaid may not be re-borrowed.
Additional Borrowing. In reliance on the representations, warranties, covenants and agreements contained in this Letter Agreement, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree that the Borrower shall, no later than June 1, 2018, submit a Borrowing Request, together with such other documents and instruments required by the Credit Agreement, in order to borrow Delayed Draw Loans in an amount not less than $60,000,000, and no later than five Business Days after delivering such Borrowing Request, consummate such borrowing. Solely with respect to the borrowing described in this Section 4, the Administrative Agent and the Lenders agree to waive the condition precedent contained in Section 6.02(e) of the Credit Agreement.
