Additional Borrowing Sample Clauses

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 exten▇ ▇▇▇sible, by bo▇▇▇▇▇ng 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. Refrain from incurring any indebtedness except: (1) Trade credit incurred in the ordinary course of business. (2) Indebtedness expressly subordinated to the Bank in a writing acceptable to the Bank. (3) Indebtedness in existence on the date of this Agreement and disclosed in advance to the Bank in writing. (4) Purchase money indebtedness (including capitalized leases) for the acquisition of fixed assets, provided that the total principal amount outstanding at any one time does not exceed $30,000.00

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. Create, incur, assume or suffer to exist in any manner any additional Debt unless the payment of the Revolving Credit 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 9.1 shall prohibit (i) the Borrower from incurring any additional Debt as long as the payment of the Revolving Credit 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 9.1, (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. Amounts borrowed hereunder and repaid may not be re-borrowed.

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. (ii) The Companies shall utilize the Additional Borrowing for the sole purpose of purchasing equipment directly pursuant to purchase orders from Customer 1 and the payment of incidental costs and expenses associated therewith. The Companies shall instruct Customer 1 to make all payments with respect to such purchase orders, resulting invoices therefrom and all other payments owing from Customer 1 to the Companies by wire transfer of immediately available funds into the Blocked Account. In the event that the Companies receive any funds from Customer 1 outside of the Blocked Account by means of wire, check, cash or otherwise, the Companies shall take all actions necessary to immediately (and in no event later than one (1) Business Day after receipt of such funds) transfer and/or deposit such funds into the Blocked Account. For the avoidance of doubt, the Companies’ failure to transfer and/or deposit such funds within one (1) Business Day of the Companies’ receipt of such funds shall constitute a Forbearance Default.

Additional Borrowing. Borrowers may not borrow any amounts under the Revolving Commitment which are not outstanding as of the Effective Date, or reborrow any amounts repaid on Revolving Loans, prior to February 1, 2001 or after March 30, 2002. On and after February 1, 2001 and up to and including March 30, 2002, each Lender shall, pro rata according to and limited by that Lender's Pro Rata Share of the Revolving Commitment then in effect, make Revolving Loans to Day Runner (but to no other Borrower) in such amounts as Day Runner may request; PROVIDED THAT, after giving effect to any repayments of Revolving Loans made on the same Banking Day (or for which provision has been made for payment on the same Banking Day that is satisfactory to the Administrative Agent in its sole and absolute discretion), such Revolving Loans shall not cause the aggregate outstanding principal amount of the Revolving Loans to exceed the lowest of (i) the Revolving Commitment as reduced from time to time, (ii) the Available Amount and (iii) from and after February 1, 2001, the Borrowing Base as set forth in the most recent Borrowing Base Certificate, as adjusted in accordance with Section 2.

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 Company will not create, incur, assume, or suffer to exist, or permit any of its Subsidiaries 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 Lenders under this Agreement, (ii) the Swingline Loans, (iii) indebtedness existing on the date of this Agreement which is described on Schedule 8.1 attached hereto, and indebtedness constituting the renewal or refinancing of any such indebtedness as long as the principal amount thereof is not increased, (iv) accounts payable and accrued expenses arising in the ordinary course of business and payable on customary terms, (v) purchase money indebtedness and Capital Lease Obligations which do not exceed $500,000 in the aggregate at any time outstanding, (vi) indebtedness owing to NationsCredit Commercial Corporation incurred to finance the purchase of inventory by the Company or any of its Subsidiaries which does not exceed $1,500,000 in the aggregate at any time outstanding, and (vii) additional indebtedness (including guaranteed indebtedness and other contingent liabilities) of the Company and its Subsidiaries which does not exceed $100,000 in the aggregate at any time outstanding.