Common use of Existing Indebtedness; Investments, Guarantees and Certain Contracts Clause in Contracts

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Except as contemplated by the Loan Documents or as otherwise set forth on Schedule 5.15, no Borrower or Guarantor (i) has outstanding Indebtedness, (ii) is subject or party to any mortgage, note, indenture, indemnity or guarantee of, with respect to or evidencing any Indebtedness of any other Person, or (iii) owns or holds any equity or long-term debt investments in, and does not have any outstanding advances to or any outstanding guarantees for the obligations of, or any outstanding borrowings from, any Person. Each Borrower and Guarantor has performed all material obligations required to be performed by Borrower and Guarantor pursuant to or connection with any items listed on Schedule 5.15 and there has occurred no breach, default or event of default under any document evidencing any such items or any fact, circumstance, condition or event which, with the giving of notice or passage of time or both, would constitute or result in a breach, default or event of default thereunder.

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Except as contemplated by the Loan Documents Document or as otherwise set forth on Schedule 5.15, no Borrower or Guarantor (i) has no outstanding Indebtedness, (ii) is not subject or party to any mortgage, note, indenture, indemnity or guarantee of, with respect to or evidencing any Indebtedness of any other Person, or (iii) owns does not own or holds hold any equity or long-term debt investments in, and does not have any outstanding advances to or any outstanding guarantees for the obligations of, or any outstanding borrowings from, any Person. Each Borrower and Guarantor has performed all material obligations required to be performed by Borrower and Guarantor pursuant to or connection with any items listed on Schedule 5.15 and there has occurred no breach, default or event of default under any document evidencing any such items or any fact, circumstance, condition or event which, with the giving of notice or passage of time or both, would constitute or result in a breach, default or event of default thereunder.

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Except as contemplated by the Loan Documents or as otherwise set forth on Schedule 5.155.15A, no Borrower or Guarantor (i) has no outstanding Indebtedness, (ii) is not subject or party to any mortgage, note, indenture, indemnity or guarantee of, with respect to or evidencing any Indebtedness of any other Person, or (iii) owns does not own or holds hold any equity or long-term debt investments in, and does not have any outstanding advances to or any outstanding guarantees for the obligations of, or any outstanding borrowings from, any Person. Each Borrower and Guarantor has performed all material obligations required to be performed by Borrower and Guarantor pursuant to or in connection with any items listed on Schedule 5.15 5.15A and there has occurred no breach, default or event of default under any document evidencing any such items or any fact, circumstance, condition or event which, with the giving of notice or passage of time or both, would constitute or result in a breach, default or event of default thereunder. Schedule 1.15B sets forth all Indebtedness with a maturity date during the Term, and identifies such maturity date.

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Except as contemplated by the Loan Documents or as otherwise set forth on Schedule 5.15, no Borrower or Guarantor (i) has no outstanding Indebtedness, (ii) is not subject or party to any mortgage, note, indenture, indemnity or guarantee of, with respect to or evidencing any Indebtedness of any other Person, or (iii) owns does not own or holds hold any equity or long-term debt investments in, and does not have any outstanding advances to or any outstanding guarantees for the obligations of, or any outstanding borrowings from, any Person. Each Borrower and Guarantor has performed all material obligations required to be performed by Borrower and Guarantor pursuant to or in connection with any items listed on Schedule 5.15 and there has occurred no breach, default or event of default under any document evidencing any such items or any fact, circumstance, condition or event which, with the giving of notice or passage of time or both, would constitute or result in a breach, default or event of default thereunder.

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Except as contemplated by the Loan Documents or as otherwise set forth on Schedule 5.155.15A, no Borrower or Guarantor (i) has no outstanding Indebtedness, (ii) is not subject or party to any mortgage, note, indenture, indemnity or guarantee of, with respect to or evidencing any Indebtedness of any other Person, or (iii) owns does not own or holds hold any equity or long-term debt investments in, and does not have any outstanding advances to or any outstanding guarantees for the obligations of, or any outstanding borrowings from, any Person. Each Borrower and Guarantor has performed all material obligations required to be performed by Borrower and Guarantor pursuant to or in connection with any items listed on Schedule 5.15 5.15A and there has occurred no breach, default or event of default under any document evidencing any such items or any fact, circumstance, condition or event which, with the giving of notice or passage of time or both, would constitute or result in a breach, default or event of default thereunder. Schedule 5.15B sets forth all Indebtedness with a maturity date during the Term of the Loan, and identifies such maturity date.

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Except as contemplated by the Loan Documents or as otherwise set forth on Schedule 5.15, no Borrower or Guarantor (i) has no outstanding Indebtedness, (ii) is not subject or party to any mortgage, note, indenture, indemnity or guarantee of, with respect to or evidencing any Indebtedness of any other Person, or (iii) owns does not own or holds hold any equity or long-term debt investments in, and does not have any outstanding advances to or any outstanding guarantees for the obligations of, or any outstanding borrowings from, any Person. Each Borrower and Guarantor has performed all material obligations required to be performed by Borrower and Guarantor pursuant to or connection with any items listed on Schedule 5.15 and there has occurred no breach, default or event of default under any document evidencing any such items or any fact, circumstance, condition or event which, with the giving of notice or passage of time or both, would constitute or result in a breach, default or event of default thereunder.

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Except as contemplated by the Loan Acquisition Documents or as otherwise set forth on Schedule 5.155.15A, no Borrower or Guarantor Purchaser (i) has no outstanding Indebtedness, (ii) is not subject or party to any mortgage, note, indenture, indemnity or guarantee of, with respect to or evidencing any Indebtedness of any other Person, or (iii) owns does not own or holds hold any equity or long-term debt investments in, and does not have any outstanding advances to or any outstanding guarantees for the obligations of, or any outstanding borrowings from, any Person. Each Borrower and Guarantor Purchaser has performed all material obligations required to be performed by Borrower and Guarantor Purchaser pursuant to or in connection with any items listed on Schedule 5.15 5.15A and there has occurred no breach, default or event of default under any document evidencing any such items or any fact, circumstance, condition or event which, with the giving of notice or passage of time or both, would constitute or result in a breach, default or event of default thereunder. Schedule 5.15B sets forth all Indebtedness with a maturity date during the term of this Agreement, and identifies such maturity date.

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Except as contemplated by the Loan Documents or as otherwise set forth on Schedule SCHEDULE 5.15, no Borrower or Guarantor (ia) has no outstanding Indebtedness, (iib) is not subject or party to any mortgage, note, indenture, indemnity or guarantee of, with respect to or evidencing any Indebtedness of any other Person, or (iiic) owns does not own or holds hold any equity or long-term debt investments in, and does not have any outstanding advances to or any outstanding guarantees for for, the obligations of, or any outstanding borrowings from, any Person. Each Borrower and Guarantor has performed all material obligations required to be performed by Borrower and Guarantor pursuant to or connection with any items listed on Schedule SCHEDULE 5.15 and there has occurred no breach, default or event of default under any document evidencing any such items or any fact, circumstance, condition or event which, with the giving of notice or passage of time or both, would constitute or result in a breach, default or event of default thereunder.

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Except as contemplated by the Loan Documents or as otherwise set forth on Schedule 5.155.15A, no Borrower or Guarantor neither Obligor (i) has any outstanding Indebtedness, (ii) is subject or party to any mortgage, note, indenture, indemnity or guarantee of, with respect to or evidencing any Indebtedness of any other Person, or (iii) owns or holds any equity or long-term debt investments in, and does not have or has any outstanding advances to or any outstanding guarantees for the obligations of, or any outstanding borrowings from, any Person. Each Borrower and Guarantor Obligor has performed all material obligations required to be performed by Borrower and Guarantor such Obligor pursuant to or in connection with any items listed on Schedule 5.15 5.15A and there has occurred no breach, default or event of default under any document evidencing any such items or any fact, circumstance, condition or event which, with the giving of notice or passage of time or both, would constitute or result in a breach, default or event of default thereunder. Schedule 5.15B sets forth all Indebtedness with a maturity date during the Term of the Loan, and identifies such maturity date.

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Except as contemplated by the Loan Documents or as otherwise set forth on Schedule 5.155.15A, no Borrower or Guarantor (i) has no outstanding Indebtedness, (ii) is not subject or party to any mortgage, note, indenture, indemnity or guarantee of, with respect to or evidencing any Indebtedness of any other Person, or (iii) owns does not own or holds hold any equity or long-term debt investments in, and does not have any outstanding advances to or any outstanding guarantees for the obligations of, or any outstanding borrowings from, any Person. Each Borrower and Guarantor has performed all material obligations required to be performed by Borrower and Guarantor pursuant to or in connection with any items listed on Schedule 5.15 5.15A and there has occurred no breach, default or event of default under any document evidencing any such items or any fact, circumstance, condition or event which, with the giving of notice or passage of time or both, would constitute or result in a breach, default or event of default thereunder. Schedule 1.15B sets forth all Indebtedness with a maturity date during the Term of the Loan, and identifies such maturity date.

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Except as described in the SEC Reports or contemplated by the Loan Documents or as otherwise set forth on Schedule 5.15, no Borrower or Guarantor (i) has no outstanding Indebtedness, (ii) is not subject or party to any mortgage, note, indenture, indemnity or guarantee of, with respect to or evidencing any Indebtedness of any other Person, or (iii) owns does not own or holds hold any equity or long-term debt investments in, and does not have any outstanding advances to or any outstanding guarantees for the obligations of, or any outstanding borrowings from, any Person. Each Borrower and Guarantor has performed all material obligations required to be performed by Borrower and Guarantor pursuant to or connection with any items listed on Schedule 5.15 and there has occurred no breach, default or event of default under any document evidencing any such items or any fact, circumstance, condition or event which, with the giving of notice or passage of time or both, would constitute or result in a breach, default or event of default thereunder.

Existing Indebtedness; Investments, Guarantees and Certain Contracts. Except as contemplated by the Loan Documents Document or as otherwise set forth on Schedule 5.15, no Borrower or Guarantor (ia) has no outstanding Indebtedness, (iib) is not subject or party to any mortgage, deed of trust, note, indenture, indemnity or guarantee of, with respect to or evidencing any Indebtedness of any other Person, or (iiic) owns does not own or holds hold any equity or long-term debt investments in, and does not have any outstanding advances to or any outstanding guarantees for for, the obligations of, or any outstanding borrowings from, any Person. Each Borrower and Guarantor has performed all material obligations required to be performed by Borrower and Guarantor pursuant to or connection with any items listed on Schedule 5.15 and there has occurred no breach, default or event of default under any document evidencing any such items or any fact, circumstance, condition or event which, with the giving of notice or passage of time or both, would constitute or result in a breach, default or event of default thereunder.