Common use of Existing Indebtedness; Future Liens Clause in Contracts

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of the dates specified in such Schedule (and specifying, as to each such Indebtedness, the collateral, if any, securing such Indebtedness), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 5 contracts

Samples: Guaranty Agreement (Tiffany & Co), Guaranty Agreement (Tiffany & Co), Note Purchase and Private Shelf Agreement (Tiffany & Co)

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Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Consolidated Funded Indebtedness of the Company and its Subsidiaries as of the dates specified in such Schedule date hereof (including a description of the obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 4 contracts

Samples: Note Purchase Agreement (Piper Jaffray Companies), Existing Note Purchase Agreement (Piper Jaffray Companies), Note Purchase Agreement (Piper Jaffray Companies)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of March 31, 2012 (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 3 contracts

Samples: Assumption Agreement (Agnico Eagle Mines LTD), Note Purchase Agreement (South Jersey Industries Inc), Note Purchase Agreement (Cleco Corp)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Material Indebtedness for borrowed money of the Company and its Subsidiaries as of June 30, 2014 (including descriptions of the dates specified in such Schedule (obligors, principal amounts outstanding, any collateral therefor and specifying, as to each such Indebtedness, the collateral, if any, securing such Indebtednessany Guaranties thereof), since which date date, except as described therein, there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Material Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Material Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Material Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Material Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 3 contracts

Samples: Purchase Agreement, Purchase Agreement, Bond Purchase Agreement (Empire District Electric Co)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 8.15 hereto sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of August 24, 2011 (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such any Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 2 contracts

Samples: Master Note Purchase Agreement, Master Note Purchase Agreement (Perrigo Co)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company MLP, the Issuer and its Subsidiaries as of the dates specified in such Schedule (and specifyingJune 30, as to each such Indebtedness, the collateral, if any, securing such Indebtedness)2008, since which date there has been no Material change in the amountsamounts (other than to the extent of advances under the Credit Agreement), interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company such Issuer or its Subsidiaries. Neither None of the Company nor MLP, the Issuer or any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company MLP, the Issuer or such any Subsidiary and no event or condition exists with respect to any Indebtedness of the Company MLP, the Issuer or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 2 contracts

Samples: Note Purchase Agreement (El Paso Pipeline Partners, L.P.), Note Purchase Agreement (El Paso Pipeline Partners, L.P.)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of December 31, 2007 (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 2 contracts

Samples: Note Purchase Agreement (Andersons Inc), Bond Purchase Agreement (Northwestern Corp)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of September 30, 2020 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guaranty thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default default, and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 2 contracts

Samples: WhiteHorse Finance, Inc., WhiteHorse Finance, Inc.

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of the dates specified in such Schedule date of Closing (including a description of the obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 2 contracts

Samples: Guarantee Agreement (Yamana Gold Inc), Note Purchase Agreement (Yamana Gold Inc.)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Material Indebtedness for borrowed money of the Company and its Subsidiaries as of [ ], 2015 (including descriptions of the dates specified in such Schedule (obligors, principal amounts outstanding, any collateral therefor and specifying, as to each such Indebtedness, the collateral, if any, securing such Indebtednessany Guaranties thereof), since which date date, except as described therein, there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Material Indebtedness of the Company or its Subsidiaries. .. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Material Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Material Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Material Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 2 contracts

Samples: Bond Purchase Agreement, Bond Purchase Agreement

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 (as may be amended in connection with a Closing in accordance with Section 4.1 hereunder) sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of the dates specified in such Schedule date set forth therein (including descriptions of the obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guaranties thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 2 contracts

Samples: Private Shelf Agreement (RGC Resources Inc), Private Shelf Agreement (RGC Resources Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of the dates specified in such Schedule date of Closing (including a description of the obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 2 contracts

Samples: Note Purchase Agreement (Equifax Inc), Intercreditor Agreement (Talx Corp)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of the dates specified in such Schedule (and specifying, as to each item of such Indebtedness, the collateral, if any, securing such Indebtedness), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 2 contracts

Samples: Guaranty Agreement (Tiffany & Co), Note Purchase Agreement (Tiffany & Co)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 5.15C sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of March 31, 2022 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guaranties thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (New Mountain Finance Corp)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company MLP, the Issuer and its Subsidiaries as of the dates specified in such Schedule (and specifying[December 31], as to each such Indebtedness, the collateral, if any, securing such Indebtedness)2010, since which date there has been no Material change in the amountsamounts (other than to the extent of advances under the Credit Agreement), interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company Issuer or its Subsidiaries. Neither None of the Company nor MLP, the Issuer or any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company MLP, the Issuer or such any Subsidiary and no event or condition exists with respect to any Indebtedness of the Company MLP, the Issuer or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Contribution Agreement (El Paso Pipeline Partners, L.P.)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of June 30, 2016 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guaranty thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (MSC Industrial Direct Co Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries in excess of $200,000,000 as of December 29, 2017 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guarantee thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary in excess of $200,000,000 and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (Jacobs Engineering Group Inc /De/)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of November 30, 2011 (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Cleco Corp

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 5.15C sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of September 30, 2017 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guaranties thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (New Mountain Finance Corp)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of September 30, 2006 (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such any Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (Pool Corp)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of the dates specified in such Schedule December 27, 2003 (and specifying, as to each such Indebtedness, the collateral, if any, securing such Indebtedness), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default default, and no waiver of default is currently in effect, in the payment of any principal of or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (New England Business Service Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of March 31, 2018 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guaranty thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default default, and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Defined Terms (WhiteHorse Finance, Inc.)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of September 30, 2010 (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (Cabot Oil & Gas Corp)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of December 31, 2019 (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Assumption Agreement (Agnico Eagle Mines LTD)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of the dates specified date of the Series A Closing (including descriptions of the principal amounts outstanding and, other than in such Schedule (and specifying, as to each such Indebtednessthe case of the Credit Agreement Obligations, the collateralobligors and obligees, if any, securing such Indebtedness), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the any collateral therefor and any Guaranty thereof) and except for Indebtedness of outstanding under this Agreement. Neither the Company or nor any of its SubsidiariesSubsidiaries has outstanding any Indebtedness except as permitted by Section 10.2. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (MGP Ingredients Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries Subsidiaries, other than intercompany Indebtedness, as of June 30, 2019 (including -9- descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guaranty thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (Green Brick Partners, Inc.)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 5.15C sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of March 31, 2017 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guaranties thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (New Mountain Finance Corp)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of September 30, 2021 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guaranty thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default default, and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.. WhiteHorse Finance, Inc. Note Purchase Agreement

Appears in 1 contract

Samples: WhiteHorse Finance, Inc.

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 5.16 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of March 31, 2009 1 (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (Tc Pipelines Lp)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of July 9, 2007 (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Calamos Asset Management, Inc. /DE/

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of September 30, 2015 (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (Cleco Power LLC)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of March 29, 2008 (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such any Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Master Note Purchase Agreement (Perrigo Co)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of November 30, 2010 (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guarantee thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary Subsidiary, and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary Subsidiary, that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (Azz Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of June 30, 2013 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guaranties thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (Myers Industries Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of June 30, 2013 (including a description Exhibit 10.2 of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Northwestern Corp

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of May 31, 2019 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guaranty thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (Resmed Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of February 11, 2021 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guaranty thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (CION Investment Corp)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of May 31, 2011 (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guarantee thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary Subsidiary, and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary Subsidiary, that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Private Shelf Agreement (Azz Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of March 30, 2013 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guarantees thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (G&k Services Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct summary list of all outstanding Indebtedness of the Company and its Subsidiaries as of April 30, 2021 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any guaranty thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (Invitation Homes Inc.)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of March 30, 2016 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guaranties thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Guaranty Agreement (Evercore Partners Inc.)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of June 30, 2012 (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtedness)and Guaranty thereof, if any) since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Material Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Material Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (Intrepid Potash, Inc.)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 to the First Supplement sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Significant Subsidiaries as of February 28, 2013 (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guarantee thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Significant Subsidiaries. Neither the Company nor any Significant Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Significant Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Significant Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (Hawaiian Electric Industries Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 5.15C sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of September 30, 2020 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guaranties thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (New Mountain Finance Corp)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Restricted Subsidiaries as of the dates specified in such Schedule (and specifyingDecember 31, as to each such Indebtedness, the collateral, if any, securing such Indebtedness)2014, since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Restricted Subsidiaries. Neither the Company nor any Restricted Subsidiary nor any Non-Recourse Pledgor is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company Company, any Restricted Subsidiary or such Subsidiary any Non-Recourse Pledgor and no event or condition exists with respect to any Indebtedness of the Company Company, any Restricted Subsidiary or any Subsidiary Non-Recourse Pledgor that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (Tetra Technologies Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of October 19, 2016 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guaranties thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Gas Natural Inc.

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of May 31, 2014 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guaranties thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (RGC Resources Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of August 31, 2020 (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guarantee thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary Subsidiary, and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary Subsidiary, that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (Azz Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of March 29, 2021 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guaranties thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Guaranty Agreement (Evercore Inc.)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness for borrowed money of the Company and its Subsidiaries in an aggregate principal amount exceeding $10,000,000 as of February 22, 2022 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guaranty thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the such Indebtedness. The Company or its Subsidiaries. Neither the Company nor any Subsidiary is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on the Specified Credit Facility or any other Material Indebtedness for borrowed money and, to the knowledge of the Company or such Subsidiary and Company, no event or condition exists with respect to any Indebtedness of the Company Specified Credit Facility or any Subsidiary other Material Indebtedness for borrowed money that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Specified Credit Facility or such other Material Indebtedness for borrowed money, as applicable, to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Barings Capital Investment Corp

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding any instrument, document or agreement governing Indebtedness of the Company and its Subsidiaries as of June 30, 2014 (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand any Contingent Obligations in respect thereof, if any), since which date there has been no Material change in the amountsamounts (other than, in the case of the Principal Credit Facility, borrowings under the revolving credit facility provided therein), interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company. The Company or its Subsidiaries. Neither the Company nor any Subsidiary is not in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Guaranty Agreement (Tampa Electric Co)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all the outstanding Indebtedness of the Company and its Subsidiaries as of June 30, 2007, which list is complete and correct in all material respects (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Guaranty Agreement (Gallagher Arthur J & Co)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of March 31, 2006 (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor No Obligor or any other Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company any Obligor or such other Subsidiary and no event or condition exists with respect to any Indebtedness of the Company any Obligor or any other Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (Furniture Brands International Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of December 31, 2018 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guaranties thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment. No Subsidiary is a guarantor or borrower or otherwise obligated in respect of any Material Credit Facility.

Appears in 1 contract

Samples: Guaranty Agreement (Westar Energy Inc /Ks)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of July 16, 2008 (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (Cabot Oil & Gas Corp)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of June 30, 2015 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amount outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guarantees thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Significant Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Significant Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Significant Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Agreement (Hawaiian Electric Co Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of March 31, 2010 (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Assumption Agreement (Agnico Eagle Mines LTD)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of June 30, 2007 (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (ITC Holdings Corp.)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of February 26, 2010 (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guarantee Obligations relating thereto, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (Essential Utilities, Inc.)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of February 29, 2008 (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guarantee thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Azz Incorporated (Azz Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 5.18 sets forth a list, which is complete and correct list in all material respects, of all outstanding Indebtedness of the Company and its Subsidiaries as of the dates specified in such Schedule (and specifyingMarch 31, as to each such Indebtedness, the collateral, if any, securing such Indebtedness)2013, since which date through the date hereof, there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no Subsidiary. No event or condition exists with respect to any Indebtedness of the Company or any Subsidiary the principal amount of which exceeds $5,000,000 or any agreement relating thereto that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (Parexel International Corp)

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Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of December 31, 2012 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guaranties thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (Associated Estates Realty Corp)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 5.15(a) sets forth a complete and correct list of all the outstanding Indebtedness of the Company and its Subsidiaries as of March 31, 2013, which list is complete and correct in all material respects (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (Gallagher Arthur J & Co)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of the dates specified in such Schedule December 27, 1997 (and specifying, as to each such Indebtedness, the collateral, if any, 20 securing such Indebtedness), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: WLR Foods Inc

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Restricted Subsidiaries as of the dates specified in such Schedule (and specifyingMay 31, as to each such Indebtedness, the collateral, if any, securing such Indebtedness)2008, since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Restricted Subsidiaries. Neither the Company nor any Restricted Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Restricted Subsidiary in excess of $5,000,000 outstanding, and no event or condition exists with respect to any Indebtedness of the Company or any Restricted Subsidiary in excess of $5,000,000 outstanding, that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (Cleveland Cliffs Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 5.20 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of the dates specified in such Schedule (and specifying, as to each such Indebtedness, the collateral, if any, securing such Indebtedness)date hereof, since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the any Indebtedness of the Company or any of its SubsidiariesSubsidiaries which exceeds $100,000, either individually or in the aggregate. Neither the Company nor any Subsidiary of its Subsidiaries is in default and no waiver of default is currently in effect, effect in the payment of any principal or interest on any Indebtedness of the Company or any such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any such Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (Wireless One Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Restricted Subsidiaries as of December 2, 2017 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guaranty thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Restricted Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Restricted Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Restricted Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: MSC Industrial Direct Co Inc

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Material Indebtedness for borrowed money of the Company and its Subsidiaries as of May 31, 2015 (including descriptions of the dates specified in such Schedule (obligors, principal amounts outstanding, any collateral therefor and specifying, as to each such Indebtedness, the collateral, if any, securing such Indebtednessany Guaranties thereof), since which date date, except as described therein, there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Material Indebtedness of the Company or its Subsidiaries. .. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Material Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Material Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Material Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Bond Purchase Agreement (Empire District Electric Co)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of March 30, 2007 (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (Deltic Timber Corp)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of August 15, 2013 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guaranties thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (Eastgroup Properties Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of December 21, 2009 (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Yamana Gold (Yamana Gold Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of August 1, 2019 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guaranties thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (Evercore Inc.)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Material Indebtedness of the Company and its Subsidiaries as of May 19, 2022 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guaranty thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Material Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Material Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (Stone Point Credit Corp)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of November 8, 2023 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guaranty thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Purchase Agreement (CION Investment Corp)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Restricted Subsidiaries as of September 2, 2017 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guaranty thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Restricted Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Restricted Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Restricted Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: MSC Industrial Direct Co Inc

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 of the Note Purchase Agreement sets forth a complete and correct list of all outstanding Indebtedness in excess of $1,000,000 (excluding ordinary course trade or other payables) of the Guarantor, the Company and its their respective Subsidiaries as of the dates specified in such Schedule date of the Closing (including a description of the obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Guarantor, the Company nor any Subsidiary of their respective Subsidiaries is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Guarantor, the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Guarantor, the Company or any Subsidiary of their respective Subsidiaries that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (First Potomac Realty Trust)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 S .16(a) sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of April 20, 2010 (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (Tc Pipelines Lp)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of June 28, 2022 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guaranties thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Evercore Inc.

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of March 31, 2016 (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Assumption Agreement (Agnico Eagle Mines LTD)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of December 31, 2021 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guaranties thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (Eastgroup Properties Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of June 30, 2012 (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guarantee thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Significant Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Significant Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Significant Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Agreement (Hawaiian Electric Industries Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of August 8, 2012 (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Intercreditor and Collateral Agency Agreement (Macquarie Infrastructure CO LLC)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of the dates specified date of the Series A Closing (including descriptions of the principal amounts outstanding and, other than in such Schedule (and specifying, as to each such Indebtednessthe case of the Credit Agreement Obligations, the collateralobligors and obligees, if any, securing such Indebtedness), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the any collateral therefor and any Guaranty thereof) and except for Indebtedness of outstanding under this Agreement. Neither the Company or nor any of its SubsidiariesSubsidiaries has outstanding any Indebtedness except as permitted by Section 10.2. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any 3578247962676392 -17- Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (MGP Ingredients Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list in reasonable detail of all outstanding secured and unsecured Indebtedness of the Company and its Subsidiaries as of the dates specified in such Schedule (and specifyingOctober 31, as to each such Indebtedness, the collateral, if any, securing such Indebtedness)1997, since which date there has been no Material change in the amounts, interest rates, sinking funds, installment instalment payments or maturities of the Indebtedness of the Company or its SubsidiariesSubsidiaries (other than changes from time to time in amounts outstanding under the Company's existing revolving credit facility). Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (Meridian Industrial Trust Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of December 1, 2008 (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (Cabot Oil & Gas Corp)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of June 30, 2013 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amount outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guarantees thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Significant Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Significant Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Significant Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Agreement (Hawaiian Electric Co Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of June 30, 2013 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guaranties thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment. No Subsidiary is a guarantor or borrower or otherwise obligated in respect of any Material Credit Facility.

Appears in 1 contract

Samples: Note Purchase Agreement (Great Plains Energy Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries with an aggregate outstanding principal amount in excess of $10,000,000 as of September 25, 2014 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guaranties thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (Black Hills Corp /Sd/)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of December 31, 2007 (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such any Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Master Note Purchase Agreement (Ultra Petroleum Corp)

Existing Indebtedness; Future Liens. (ah) Except as described thereinwith respect to the Obligations, Schedule 5.15 8.14 sets forth a complete and correct list of all outstanding Material Indebtedness of the Company Borrower and its Subsidiaries as of the dates specified in such Schedule Closing Date (including descriptions of the obligors and specifyingobligees, principal amounts outstanding, any collateral therefor and any Guaranty thereof). Except as to each such Indebtednesswould not, the collateral, if any, securing such Indebtedness), since which date there has been no Material change individually or in the amountsaggregate, interest ratesreasonably be expected to have a Material Adverse Effect, sinking funds, installment payments or maturities of neither the Indebtedness of the Company or its Subsidiaries. Neither the Company Borrower nor any Subsidiary of its Subsidiaries is in default of, and no waiver of default is currently in effecteffect with respect to, in the payment of any principal or interest on any Indebtedness of the Company Borrower or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company Borrower or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Credit Agreement (Altus Power, Inc.)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 5.15(a) sets forth a complete and correct list of all the outstanding Indebtedness of the Company and its Subsidiaries as of December 31, 2010, which list is complete and correct in all material respects (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (Gallagher Arthur J & Co)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of October 2, 2013 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guaranties thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Associated Estates Realty Corp

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of the dates specified in such Schedule (and specifyingSeptember 12, 1998 and, as to each such Indebtednessitem listed, the collateral, if any, a general description of any property securing such Indebtedness). Since the date as of which the Company has prepared Schedule 5.15, since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its SubsidiariesSubsidiaries or the security therefor. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (Wolverine World Wide Inc /De/)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness for borrowed money of the Company and its Subsidiaries as of March 31, 2016 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guaranties thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the such Indebtedness for borrowed money of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness for borrowed money of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness for borrowed money of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness for borrowed money to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (Global Water Resources, Inc.)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 5.15C sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of March 31, 2018 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guaranties thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (New Mountain Finance Corp)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company Issuers and its their Subsidiaries as of December 31, 2007 (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company Issuers or its their Subsidiaries. Neither the Company Issuer nor any Subsidiary of their Subsidiaries is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company such Issuer or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company either Issuer or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (Amedisys Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of June 10, 2020 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guaranty thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither As of June 10, 2020, neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and and, to the knowledge of the Company, no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Master Note Purchase Agreement (Bain Capital Specialty Finance, Inc.)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of October 4, 2010 (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guarantee thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Guaranty Agreement (Patterson Uti Energy Inc)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 5.15(a) sets forth a complete and correct list of all the outstanding Indebtedness of the Company and its Subsidiaries as of September 30, 2009, which list is complete and correct in all material respects (including a description of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtedness, the collateralprincipal amount outstanding and collateral therefor, if any, securing such Indebtednessand Guaranty thereof, if any), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Guaranty Agreement (Gallagher Arthur J & Co)

Existing Indebtedness; Future Liens. (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness for borrowed money of the Company and its Subsidiaries as of October 11, 2023 (including descriptions of the dates specified in such Schedule (obligors and specifyingobligees, as to each such Indebtednessprincipal amounts outstanding, the collateral, if any, securing such Indebtednessany collateral therefor and any Guaranties thereof), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the such Indebtedness for borrowed money of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness for borrowed money of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness for borrowed money of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness for borrowed money to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

Appears in 1 contract

Samples: Note Purchase Agreement (Global Water Resources, Inc.)

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