CERTAIN PROVISIONS RELATING TO OTHER DEBT INSTRUMENTS Sample Clauses

CERTAIN PROVISIONS RELATING TO OTHER DEBT INSTRUMENTS. The Borrower will not, and will not permit any of its Subsidiaries to, (a) make any optional payment or optional prepayment on or redemption or purchase of any Indebtedness (other than the notes and the loans under the Credit Agreement to the extent not prohibited under this Agreement) (TERM LOAN AGREEMENT) or pay any interest on any Indebtedness in cash which may in accordance with the terms thereof be paid by the issuance of additional Indebtedness or offer to do any of the foregoing, except that (i) the Borrower may redeem or purchase any of the Senior Subordinated Notes or the Senior Notes with 50% of the Net Cash Proceeds from any offering of Capital Stock of the Borrower subsequent to the Closing Date (other than any such offering to the extent the Net Cash Proceeds of which are used to make an investment or acquisition permitted by subsection 7.2), and (ii) the Borrower may pay interest in cash on the Apparel Notes on each scheduled interest payment date therefor so long as (x) no Default or Event of Default has occurred and is continuing or would result therefrom, (y) the amount of such payment is net of all interest accrued and unpaid on the PAP Debenture for the same period as the Borrower's cash interest payment on the Apparel Notes and (z) the net cash payment by the Borrower does not exceed $150,000 in any fiscal year; (b) amend, modify or change, or consent or agree to any such amendment, modification or change in any material respect to, any of the terms of any such Indebtedness (other than under the Credit Agreement), including, without limitation, the Senior Subordinated Note Indenture and the Senior Note Indenture (other than any such amendment, modification or change which would extend the maturity or reduce the amount of any payment of principal thereof or which would reduce the rate or extend the date for payment of interest thereon); or (c) amend, modify or change, or consent or agree to any such amendment, modification or change in any material respect to, any of the provisions of the Credit Agreement that would have the effect of (i) shortening the maturity of or requiring the earlier payment of any principal of any loan or letter of credit reimbursement obligations under the Credit Agreement, (ii) changing the definition of "Required Lenders" in the Credit Agreement, or (iii) changing any mandatory prepayments or commitment reductions pursuant to a "Material Asset Sale" (as such term is defined in the Credit Agreement) in a manner that disproportionately disadvantages the Lenders relative to the lenders under the Credit Agreement, in each case without the prior written consent of the Required Lenders under this Agreement. The Borrower hereby designates all of its obligations under this Agreement and the other Loan Documents as "Designated Senior Indebtedness" for purposes of the Senior Subordinated Note Indenture.
Review the Best Contracts

Affordable legal research to help you draft contracts faster. Search through millions of contracts from Am Law 100 firms and Fortune 100 companies

30+ Reviews on G2 Crowd
CERTAIN PROVISIONS RELATING TO OTHER DEBT INSTRUMENTS. With respect to the Indebtedness permitted pursuant to subsections 10.2(e), 10.2(i), 10.2(j), 10.2(k), 10.2(l) and 10.2(n),
CERTAIN PROVISIONS RELATING TO OTHER DEBT INSTRUMENTS a) Make any optional payment or optional prepayment on or redemption or purchase of any Indebtedness (other than the Loans and the Reimbursement Obligations and the Term Loans to the extent not prohibited under this Agreement) or pay any interest on any Indebtedness in cash which may in accordance with the terms thereof be paid by the issuance of additional Indebtedness or offer to do any of the foregoing, except that (Credit Agreement)