Company Indebtedness. The Company shall have (a) no indebtedness other than (1) $41 million of loans under the Credit Agreement, (2) $700,000 of capital lease obligations, and (3) $2,080,000 of indebtedness outstanding under the Promissory Note of the Company to SDS Merchant Fund, L.P., dated March 14, 2002, and (b) only one class of capital stock outstanding, which shall be the Common Stock.
Appears in 5 contracts
Samples: Common Stock and Warrant Purchase Agreement (Ibm Credit Corp), Common Stock and Warrant Purchase Agreement (Bank One Corp), Purchase Agreement (Toronto Dominion Texas Inc)
Company Indebtedness. The Giving effect to the conversion of indebtedness contemplated by this Agreement, the Company shall have (a) no indebtedness other than (1) $41 million of loans under the Credit Agreement, (2) $700,000 of capital lease obligations, and (3) $2,080,000 of indebtedness outstanding under the Promissory Note of the Company to SDS Merchant Fund, L.P., dated March 14, 2002, and (b) only one class of capital stock outstanding, which shall be the Common Stock.
Appears in 4 contracts
Samples: Common Stock and Warrant (Ibm Credit Corp), Common Stock and Warrant Purchase Agreement (Toronto Dominion Texas Inc), Purchase Agreement (Fibernet Telecom Group Inc\)
Company Indebtedness. The Giving effect to the conversion of indebtedness contemplated by this Agreement, the Company shall have (a) no indebtedness other than (1) $41 million of loans under the Credit Agreement, (2) $700,000 of capital lease obligations, and (3) $2,080,000 of indebtedness outstanding under the Promissory Note of the Company to SDS Merchant Fund, L.P., dated March 14, 2002, and (b) only one class of capital stock outstanding, which shall be the Common Stock.
Appears in 1 contract
Samples: Purchase Agreement (Bank One Corp)
