Common use of Debt, Etc Clause in Contracts

Debt, Etc. SCHEDULE III correctly lists all secured and unsecured Funded Debt and Current Debt of the Company and each of its Subsidiaries outstanding on the date hereof and shows, as to each item of Debt listed thereon, the obligor and obligee, the aggregate principal amount outstanding on the date hereof, whether the same constitutes Funded Debt or Current Debt, to what extent, if any, the same will be reduced or repaid out of the proceeds of the Notes and a brief description of any security therefor. No default or event of default or basis for acceleration exists or, after giving effect to the issuance and sale of the Notes pursuant to this Agreement and the Other Agreements, will exist (or, but for the waiver thereof, would exist) under any instrument or agreement evidencing, providing for the issuance or securing of, or otherwise relating to any such Debt. The Company is not a party to or bound by any charter provision, by-law, agreement, indenture, mortgage, lease, instrument or License (other than this Agreement and the Other Agreements) which contains any restriction on the incurrence by it of any Debt, except for the Credit Agreement, the Notes Purchase Agreement, dated as of July 9, 1987, among the institutional investors identified therein and the Company, the Notes Purchase Agreement, dated as of October 28, 1988, among the institutional investors identified therein and the Company, and the several Note Purchase Agreements, each dated as of April 20, 1994, among the respective institutional investors identified therein and the Company, a true and correct copy of each of which has been delivered to you or your special counsel and pursuant to each of which the Company is permitted to incur the Debt to be evidenced by the Notes.

Appears in 3 contracts

Sources: Note Purchase Agreement (Hutchinson Technology Inc), Note Purchase Agreement (Hutchinson Technology Inc), Note Purchase Agreement (Hutchinson Technology Inc)