Amount of Indebtedness. The Borrower shall ensure that:
(i) the maximum aggregate principal amount of Bank Indebtedness (or any Permitted Refinancing thereof) guaranteed by the Second Priority Guarantors shall not exceed, in the aggregate, $5,300,000,000 (or its equivalent in any other currency) until the occurrence of a First Priority Release Event, a Second Priority Release Event, and a Third Priority Release Event;
(ii) the maximum aggregate principal amount of Unsecured Note Indebtedness and DDTL Indebtedness (or any Permitted Refinancing of either of them), in each case, guaranteed by the Third Priority Guarantor shall not exceed, in the aggregate, $1,700,000,000 (or its equivalent in any other currency) until the occurrence of a Third Priority Release Event;
(iii) until the occurrence of a Second Priority Release Event, none of the Second Priority Guarantors will grant any guarantee that is pari passu with or senior to its obligations under the Second Priority Guarantee, except in connection with (A) any Bank Indebtedness or any Permitted Refinancing thereof, (B) any Credit Card Obligations or (C) any Other Guarantees, provided that each Other Guarantee shall be on terms no more favourable in any material respect (including for this purpose the priority of that guarantee) than that currently provided by that Second Priority Guarantor in connection with the relevant Indebtedness; and
(iv) until the occurrence of a Third Priority Release Event, the Third Priority Guarantor will not grant any guarantee that is pari passu with or senior to its obligations under the Third Priority Guarantee, except in connection with (A) any Bank Indebtedness, Unsecured Note Indebtedness, DDTL Indebtedness or any Permitted Refinancing of any thereof, (B) any Credit Card Obligations or (C) any Other Guarantees, provided that each Other Guarantee shall be on terms no more favourable in any material respect (including for this purpose the priority of that guarantee) than that currently provided by the Third Priority Guarantor in connection with the relevant Indebtedness.
Amount of Indebtedness. The aggregate principal amount of Idaho Power Company First Mortgage Bonds outstanding as of December 31, 2010 was $1.415 billion. However, the Borrower’s outstanding pollution control revenue bonds are secured by First Mortgage Bonds, which increases the total First Mortgage Bonds outstanding at December 31, 2010 to $1.581 billion. The amount of First Mortgage Bonds issuable by Borrower, giving effect to the Forty-fifth Supplemental Indenture, is limited to a maximum of $2.0 billion, but subject to increase at any time and may be further limited by property, earnings and other provisions of the Indenture. Idaho Power Company 0000 Xxxx Xxxxx Xxxxxx X.X. Xxx 00 Xxxxx, XX 00000 Attention: Xxxxxx X. Xxxx, Vice President and Treasurer Telephone No.: (000) 000-0000 Telecopy No.: (000) 000-0000 E-mail: xxxxx@xxxxxxxxxx.xxx Xxxxx Fargo Bank, National Association 0000 Xxxx X.X. Xxxxxx Blvd. Mail Code: D1109-019 Xxxxxxxxx, XX 00000 Attention: Syndication Agency Services Telephone No.: (000) 000-0000 Telecopy No.: (000) 000-0000 E-mail: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxx.xxx Xxxxx Fargo Bank, National Association Corporate Banking - Utility and Power Group 0000 XX 0xx Xxxxxx, 0xx Xxxxx Mail Code: MAC P6101-076 Xxxxxxxx, XX 00000 Attention: Xxxx Xxxxxxxx Telephone No.: (000) 000-0000 Telecopy No.: (000) 000-0000 E-mail: xxxx.xxxxxxxx@xxxxxxxxxx.xxx The Lenders party to the Credit Agreement defined below and Xxxxx Fargo Bank, National Association, as Administrative Agent for such Lenders 0000 Xxxx X.X. Xxxxxx Blvd. Mail Code: D1109-019 Xxxxxxxxx, XX 00000 Attention: Syndication Agency Services Ladies and Gentlemen: We have acted as counsel to Idaho Power Company, an Idaho corporation (the “Company”), in connection with the Credit Agreement (the “Credit Agreement”) dated October 26, 2011 among the Company, as Borrower, Xxxxx Fargo Bank, National Association, as Administrative Agent (in such capacity, “Administrative Agent”), Swingline Lender and LC Issuer, JPMorgan Chase Bank, N.A., as Syndication Agent and LC Issuer, Union Bank, N.A. and KeyBank National Association, as Documentation Agents, and the lenders party to the Credit Agreement (collectively, “Lenders”). Except as otherwise indicated herein, capitalized terms defined in the Credit Agreement are used herein as defined in the Credit Agreement.
Amount of Indebtedness. The aggregate principal amount of Idaho Power Company First Mortgage Bonds outstanding as of December 31, 2006 was $951.1 million. The amount of First Mortgage Bonds issuable by Idaho Power Company, giving effect to the Forty-second Supplemental Indenture, is limited to a maximum of $1.5 billion, but subject to increase at any time and may be further limited by property, earnings and other provisions of the Mortgage.
Amount of Indebtedness. CoBank may, at its sole option and without any notice to or consent of Guarantor, allow the Indebtedness of Borrower owed to CoBank to exceed the principal amount of all promissory notes executed by Borrower in connection with the Indebtedness without in any way adversely affecting Guarantor's liability hereunder.
Amount of Indebtedness. Borrowers acknowledge and agree that (a) as of January 13, 2011, the outstanding principal amount of the Obligations under the Loan Documents was in an amount not less than $93,888,711.81, exclusive of late charges, default and other interest, fees, costs of collection, attorney fees, and other charges and additional amounts which are due or may become due with the passage of time under the Loan Documents, and (b) Borrowers are truly and justly indebted to one or more Lenders in respect of all Obligations under the Loan Documents without defense, counterclaim or offset of any kind, and Borrowers ratify and reaffirm the validity, enforceability and binding nature of such Obligations. Borrowers acknowledge and agree that the amounts set forth on Schedule 1, but for this Agreement, were due and payable to Lenders on January 14, 2011. Borrowers acknowledge and agree that, as of the Waiver Termination Date, the Specified Defaults, including, without limitation Borrowers’ failure to pay to Agent the amounts of the Payment Default on or before the Waiver Termination Date, shall constitute Events of Default under the Credit Agreement and other Loan Documents (which may be in addition to other Events of Default), without the need for further notice to Borrowers or any other person and without any opportunity to cure. Each Borrower hereby waives any right it may otherwise have now or in the future to notice of or opportunity to cure any Specified Default.
Amount of Indebtedness. The aggregate principal amount of indebtedness for borrowed money of the Company and its Subsidiaries outstanding as of the date hereof is approximately $79,500,000. Except as set forth in Section 3.12 of the COMPANY DISCLOSURE SCHEDULE, the Company and its Subsidiaries are not subject to any prepayment penalties with respect to any such indebtedness.
Amount of Indebtedness. The Administrative Agent shall have determined, in it sole discretion, (a) that aggregate Availability under the Credit Facilities will be greater than $50,000,000 after giving effect to the initial Loans and Letters of Credit hereunder, and (b) that the Financial Covenant Debt of NMHG Holding and its Subsidiaries as of the Closing Date does not exceed $380,000,000.
Amount of Indebtedness. 6 3.4 Subrogation ..............................................................................................7
Amount of Indebtedness. The principal amount of any or all of the Liabilities and the other Guaranteed Obligations may be increased or decreased and additional indebtedness or obligations of the Borrowers or any other party under any of the Loan Documents or the Note may be incurred, by one or more amendments, modifications, renewals or extensions of any Loan Document or otherwise.
Amount of Indebtedness. Lender warrants, as of the date hereof, that the outstanding principal balance under the Note is $33,076,754 and that Grantor is not in default under the Loan Documents.