Certain Indebtedness Payments, Etc Sample Clauses
The "Certain Indebtedness Payments, Etc" clause governs the conditions under which a party may make payments on specific types of debt or financial obligations. Typically, this clause outlines restrictions or permissions regarding the repayment of principal, interest, or other amounts owed under designated indebtedness, such as loans or credit facilities. For example, it may prohibit early repayment of subordinated debt without the consent of senior lenders, or set thresholds for permitted payments. Its core practical function is to protect the interests of creditors or stakeholders by controlling the flow of funds and ensuring that priority obligations are satisfied before others.
Certain Indebtedness Payments, Etc. Neither Borrower nor any of its Subsidiaries shall pay, prepay, redeem, purchase, defease or otherwise satisfy in any manner prior to the scheduled payment thereof any Subordinated Debt except as otherwise permitted under this Section 7.11; amend, modify or ------------ otherwise change the terms of any document, instrument or agreement evidencing Subordinated Debt such that such amendment, modification or change would (i) cause the outstanding aggregate principal amount of all such Subordinated Debt so amended, modified or changed to be increased as a consequence of such amendment, modification or change, (ii) cause the subordination provisions applicable to such Subordinated Debt to be less favorable to Administrative Agent and Lenders than those set forth on Schedule 7.13, (iii) increase the ------------- interest rate applicable thereto, or (iv) accelerate the scheduled payment thereof, except that, subject to the other terms and provisions hereof, Borrower may:
(1) call for redemption of the entire outstanding amount of the Convertible Subordinated Debentures; and
(A) no Default or Event of Default has occurred and is continuing or would result from such call for redemption or redemption; and
(B) the closing price of a share a common stock of Borrower shall have exceeded 120% of the then applicable conversion price for 20 trading days within a period of 30 consecutive trading days ending within 5 trading days prior to the notice of redemption. Borrower shall not cause or permit any of its obligations, except the obligations constituting Senior Indebtedness to constitute "Designated Senior Indebtedness" under the Indenture governing the Convertible Subordinated Debentures (it being understood that the Obligations of Borrower under this Agreement shall at all times constitute "Designated Senior Indebtedness"); or
(b) (1) pay, prepay, redeem, purchase, defease or otherwise satisfy in any manner any Subordinated Debt, with the Net Proceeds from the substantially contemporaneous issuance of Equity Securities by Borrower or in exchange for Equity Securities of Borrower; and
Certain Indebtedness Payments, Etc. Pay, prepay, redeem, purchase, defease or otherwise satisfy in any manner prior to the scheduled payment thereof (y) any Subordinated Debt except as otherwise permitted under this Section 7.10 or (z) during any period when an Event of Default has occurred and is continuing, any Indebtedness of Borrowers and their Subsidiaries; amend, modify or otherwise change the terms of any document, instrument or agreement evidencing Subordinated Debt such that such amendment, modification or change would (a) cause the outstanding aggregate principal amount of all such Subordinated Debt so amended, modified or changed to be increased as a consequence of such amendment, modification or change, (b) cause the subordination provisions applicable to such Subordinated Adesto Technologies Corporation Credit Agreement Debt to be less favorable to Lender than those set forth on Schedule 7.10, (c) increase the interest rate applicable thereto, (d) accelerate the scheduled payment thereof, or (e) change any default or event of default with respect thereto (other than to eliminate any such event of default or increase any grace period related thereto) or confer any additional rights on the holders of such Subordinated Debt (or a trustee or other representative on their behalf) which would be adverse to Lender.
Certain Indebtedness Payments, Etc. Neither Borrower nor any of its Subsidiaries shall pay, prepay, redeem, purchase, defease or otherwise satisfy in any manner prior to the scheduled payment thereof any Subordinated Debt except as otherwise permitted under this Section 7.11; amend, modify or otherwise change the terms of any document, instrument or agreement evidencing Subordinated Debt such that such amendment, modification or change would (i) cause the outstanding aggregate principal amount of all such Subordinated Debt so amended, modified or changed to be increased (except as a consequence of the deferral of cash interest payments by adding such payments to the principal amount thereof) as a consequence of such amendment, modification or change, (ii) increase the interest rate applicable thereto, or (iii) accelerate the scheduled payment thereof.
Certain Indebtedness Payments, Etc. Neither Parent nor any of its Subsidiaries (including Borrower) shall (i) prepay, redeem, purchase, defease or otherwise satisfy in any manner prior to the scheduled payment thereof any Indebtedness for borrowed money (other than the Obligations) or lease obligations; or (ii) amend, modify or otherwise change the terms of any document, instrument or agreement evidencing Indebtedness for borrowed money (other than the Obligations) or lease obligations so as to accelerate the scheduled payment thereof.
Certain Indebtedness Payments, Etc. (a) Pay, prepay, redeem, purchase, defease or otherwise satisfy in any manner prior to the scheduled payment thereof any Subordinated Debt or (b) amend, modify or otherwise change the terms of any document, instrument or agreement evidencing Subordinated Debt such that such amendment, modification or change would (i) cause the outstanding aggregate principal amount of all such Subordinated Debt so amended, modified or changed to be increased (except as a consequence of the deferral of cash interest payments by adding such payments to the principal amount thereof) as a consequence of such amendment, modification or change, (ii) increase the interest rate applicable thereto, or (iii) accelerate the scheduled payment thereof.
Certain Indebtedness Payments, Etc. Neither Borrower nor any of its Subsidiaries shall pay, prepay, redeem, purchase, defease or otherwise satisfy in any manner prior to the scheduled payment thereof any Subordinated Debt except as otherwise permitted under this Section 7.11; amend, modify or ------------ otherwise change the terms of any document, instrument or agreement evidencing Subordinated Debt such that such amendment, modification or change would (i) cause the outstanding aggregate principal amount of all such Subordinated Debt so amended, modified or changed to be increased as a consequence of such amendment, modification or change, (ii) cause the subordination provisions applicable to such Subordinated Debt to be less favorable to Administrative Agent and Lenders than those set forth on Schedule 7.13, (iii) increase the ------------- interest rate applicable thereto, or (iv) accelerate the scheduled payment thereof, except that, subject to the other terms and provisions hereof, Borrower may (a)(1) call for redemption of the entire outstanding amount of the Convertible Subordinated Debentures and, (2) to the extent such Convertible Subordinated Debentures are not converted prior to the redemption date, redeem up to 30% of any such outstanding Convertible Subordinated Debentures less the amount of Subordinated Debt purchased by Borrower pursuant to clause (b)(ii) of this Section, provided that (A) no Default or Event of Default has occurred and is continuing or would result from such call for redemption or redemption and (B) the closing price of the common stock shall have exceeded 120% of the then applicable conversion price for 20 trading days within a period of 30 consecutive trading days ending within 5 trading days prior to the notice of redemption. Borrower shall not cause or permit any of its obligations, except the obligations constituting Senior Indebtedness to constitute "Designated Senior Indebtedness" under the Indenture governing the Convertible Subordinated Debentures (it being understood that the Obligations of Borrower under this Agreement shall at all times constitute "Designated Senior Indebtedness"); (b)(i) pay, prepay, redeem, purchase, defease or otherwise satisfy in any manner any Subordinated Debt, with the Net Proceeds from the substantially contemporaneous issuance of Equity Securities by Borrower or in exchange for Equity Securities of Borrower, and (ii) otherwise purchase outstanding Subordinated Debt, provided that the -------- aggregate value of all such ...
Certain Indebtedness Payments, Etc. Neither Borrower nor any of its Subsidiaries shall (i) pay, prepay, redeem, purchase, defease or otherwise satisfy in any manner prior to the scheduled payment thereof any Subordinated Debt except as otherwise permitted under this Section 7.11; or (ii) or amend, modify or otherwise change the terms of any document, instrument or agreement evidencing Subordinated Debt such that such amendment, modification or change would (a) cause the outstanding aggregate principal amount of all such Subordinated Debt so amended, modified or changed to be increased (except as a consequence of the deferral of cash interest payments by adding such payments to the principal amount thereof) as a consequence of such amendment, modification or change, (b) increase the interest rate applicable thereto, or (c) accelerate the scheduled payment thereof. Credit Agreement Epicor Software Corporation
Certain Indebtedness Payments, Etc. (a) Pay, prepay, redeem, purchase, defease or otherwise satisfy in any manner prior to the scheduled payment thereof any portion of any Subordinated Debt or the Second Lien Loans (except as otherwise permitted under Sections 7.6(e) and 7.6(f)) or (b) amend, modify or otherwise change the terms of any document, instrument or agreement evidencing Subordinated Debt or the Second Lien Loans such that such amendment, modification or change would (i) cause the outstanding aggregate principal amount of all such Subordinated Debt or the Second Lien Loans so amended, modified or changed to be increased (except as a consequence of the deferral of cash interest payments by adding such payments to the principal amount thereof) as a consequence of such amendment, modification or change, (ii) increase the interest rate applicable thereto, or (iii) accelerate the scheduled payment thereof.