Financing Debt Sample Clauses

Financing Debt. The Indebtedness of any Person shall include the Indebtedness of any other entity (including any partnership in which such Person is a general partner) to the extent such Person is liable therefor as a result of such Person’s ownership interest in or other relationship with such entity, except to the extent the terms of such Indebtedness provide that such Person is not liable therefor; provided that, if the sole asset of such Person is its ownership interest in such other entity, the amount of such Indebtedness shall be deemed equal to the value of such ownership interest. For the avoidance of doubt, the Indebtedness of the Borrower or any other Subsidiary shall not include any obligations of the Borrower or such other Subsidiary arising in the ordinary course of business from the establishment, offering and maintenance by the Borrower or such other Subsidiary, as the case may be, of trade payables financing programs under which suppliers to the Borrower or such other Subsidiary, as the case may be, can request accelerated payment from one or more designated financial institutions; provided that (i) the Borrower or such other Subsidiary, as the case may be, reimburses the designated financial institution or institutions for such accelerated payment on the date specified in the purchase terms and conditions previously agreed upon by the applicable supplier and the Borrower or such other Subsidiary, as the case may be and (ii) had such financial institution or institutions not paid such obligations to the applicable supplier, such obligations would have been required to be classified as a trade payable in the consolidated financial statements of the Borrower or such other Subsidiary, as the case may be, prepared in accordance with GAAP.
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Financing Debt. Neither the Company nor any of its Subsidiaries shall create, incur, assume or otherwise become or remain liable with respect to any Financing Debt, except the following:
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Financing Debt. 34 5.3. Distributions.................................................................34 5.4. Capital Expenditures..........................................................35 5.5.
Sample 1
Financing Debt. In the case that the escrow is cancelled after a certain amount of nonrefundable xxxxxxx money deposit (EMD) is released to the seller, [SENIOR PARTNER] will be responsible for reimbursing the [GOVERNMENT PROGRAM / SOURCE OF FUNDING] recoverable grant for the first [$ AMOUNT] and last [$ AMOUNT] of the EMD. [JUNIOR PARTNER] will be responsible for the third financial release of [$ AMOUNT] of EMD released to the seller, should the full EMD amount of [$ AMOUNT] be released. [SENIOR PARTNER] will lead in securing construction loan financing for Project rehabilitation and will assume all obligations as documented in the relevant Project construction loan agreement(s), Project deed(s) of trust or assignment(s) of deed of trust, Project promissory note(s) and completion and/or payment guarantee(s). The Parties will determine for each Project whether one Party or both will sign as guarantor(s). Any additional obligations to be assumed by [SENIOR PARTNER] with respect to each Project rehabilitation will be negotiated and documented between the Parties in good faith. The construction loan will be converted to permanent financing upon completion of Project rehabilitation. [JUNIOR PARTNER] will lead in seeking permanent financing, in conjunction with the Working Group, as defined in Section 3 below. [SENIOR PARTNER] will support [JUNIOR PARTNER] in identifying permanent financing options. Either the LLC or the Cooperative will assume the permanent financing obligations. Approximately six (6) months prior to the conversion date, as indicated in the construction loan documents, the Parties will jointly review the status of permanent loan financing. If permanent financing is not yet secured, the Parties will jointly determine what additional action(s), if any, [SENIOR PARTNER] should take to assist [JUNIOR PARTNER] in securing it. Approximately three (3) months prior to the conversion date, the Parties will jointly review the status of Cooperative formation. [JUNIOR PARTNER] will work with such Cooperative, if formed, to determine whether the LLC or Cooperative can and will assume permanent financing for the Project. If a commitment for permanent financing has not been secured by this time, the Parties will jointly review the status of permanent loan financing, again determining what additional action(s) should be taken by the Parties. They will also negotiate alternate exit strategies for [SENIOR PARTNER] and/or strategies to gain additional time for securing the perma...
Sample 1
Financing Debt. 34 5.3. Distributions . . . . . . . . . . . . . . . . . . . .34 5.4. Capital Expenditures. . . . . . . . . . . . . . . . .35 5.5. Payment of Theatre Obligations. . . . . . . . . . . .36
Sample 1
Financing Debt etc. FINANCING DEBT AMOUNT OUTSTANDING - Senior Unsecured Notes $100 million/$116 million - ASC Subordinated Note $2,750,000 - Bombxxxxxx-Xxxxxxxx $ 75,360 - Bombardier-Waterville $ 204,160 (based on certain usage over life of lease) - Orix Credit Alliance-Waterville $ 819,471 - Townline Equipment Sales-Waterville $ 35,193 - Ski Data-Cranmore $ 154,508 - Advance Previously made to G. Targhee $ 655,000 by an Affiliate of Gary Xxxxxx, x prior potential purchaser of G. Targhee - Grand Targhee/Case Financial Equipment $ 9,145 - Grand Targhee/AT&T Leasing $ 17,450 - Grand Targhee/Citicorp Leasing $ 60,340 - Grand Targhee/Jackxxx Xxxe Resort Association $ 13,630 - Ski Lifts/KeyCorp. Leasing $ 150,000 - See attached schedule of Capital Leases LIENS AND GUARANTEES
Sample 1

Related to Financing Debt

  • Refinancing Debt Borrowed Money that is the result of an extension, renewal or refinancing of Debt permitted under Section 10.2.1(b), (d) or (f).

  • Existing Debt Set forth on Schedule 4.01(n) hereto is a complete and accurate list of all Existing Debt, showing as of the date hereof the obligor and the principal amount outstanding thereunder, the maturity date thereof and the amortization schedule therefor.

  • Subordinated Indebtedness The Obligations constitute senior indebtedness which is entitled to the benefits of the subordination provisions of all outstanding Subordinated Indebtedness.

  • 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.

  • Permitted Indebtedness Borrower shall not create, incur, assume or suffer to exist any Indebtedness, except the following (collectively, "Permitted Indebtedness"): (i) Indebtedness under the Loan Documents, (ii) any Indebtedness set forth on Schedule 7.2, (iii) Capitalized Lease Obligations incurred after the Closing Date and Indebtedness incurred pursuant to purchase money Liens permitted by Section 7.3(v), provided that the aggregate amount of such Capitalized Lease Obligations and purchase money indebtedness outstanding at any time shall not exceed $75,000, (iv) Indebtedness in connection with advances made by a stockholder in order to cure any default of the financial covenants set forth on Annex I; provided, however, that such Indebtedness shall be on an unsecured basis, subordinated in right of repayment and remedies to all of the Obligations and to all of Lender's rights pursuant to a subordination agreement in form and substance satisfactory to Lender; (v) accounts payable to trade creditors and current operating expenses (other than for borrowed money) which are not aged more than 120 calendar days from the billing date or more than 30 days from the due date, in each case incurred in the ordinary course of business and paid within such time period, unless the same are being contested in good faith and by appropriate and lawful proceedings and such reserves, if any, with respect thereto as are required by GAAP and deemed adequate by Borrower's independent accountants shall have been reserved; (vi) borrowings incurred in the ordinary course of business and not exceeding $10,000 individually or in the aggregate outstanding at any one time, provided, however, that such Indebtedness shall be on an unsecured basis, subordinated in right of repayment and remedies to all of the Obligations and to all of Lender's rights pursuant to a subordination agreement in form and substance satisfactory to Lender; and (vii)

  • Subordinated Debt (a) Make or permit any payment on any Subordinated Debt, except under the terms of the subordination, intercreditor, or other similar agreement to which such Subordinated Debt is subject, or (b) amend any provision in any document relating to the Subordinated Debt which would increase the amount thereof or adversely affect the subordination thereof to Obligations owed to Bank.

  • Indebtedness and Liens (a) Except for trade debt incurred in the normal course of business and indebtedness to Lender contemplated by this Agreement, create, incur or assume indebtedness for borrowed money, including capital leases, (b) except as allowed as a Permitted Lien, sell, transfer, mortgage, assign, pledge, lease, grant a security interest in, or encumber any of Borrower's assets, or (c) sell with recourse any of Borrower's accounts, except to Lender.

  • Existing Indebtedness (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company as of March 31, 2014 (including a description of the obligors and obligees, principal amount outstanding and collateral therefor, if any, 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. The Company 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 and no event or condition exists with respect to any Indebtedness of the Company the outstanding principal amount of which exceeds $5,000,000 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.

  • Junior Financing Documentation (i) Any of the Obligations of the Loan Parties under the Loan Documents for any reason shall cease to be “Senior Indebtedness” (or any comparable term) or “Senior Secured Financing” (or any comparable term) under, and as defined in any Junior Financing Documentation or (ii) the subordination provisions set forth in any Junior Financing Documentation shall, in whole or in part, cease to be effective or cease to be legally valid, binding and enforceable against the holders of any Junior Financing, if applicable.

  • Investments; Indebtedness UDS shall not, and shall not permit any of its Subsidiaries to, (i) make any loans, advances or capital contributions to, or investments in, any other Person, other than (x) loans or investments by UDS or a wholly owned Subsidiary of UDS to or in UDS or any wholly owned Subsidiary of UDS, (y) in the ordinary course of business consistent with past practice which are not, individually or in the aggregate, material to UDS and its Subsidiaries taken as a whole (provided that none of such transactions referred to in this clause (y) presents a material risk of making it more difficult to obtain any approval or authorization required in connection with the Merger under Regulatory Law) or (ii) except in the ordinary course consistent with past practice under UDS's existing authorized commercial paper program, incur any indebtedness for borrowed money or guarantee any such indebtedness of another Person, issue or sell any debt securities or warrants or other rights to acquire any debt securities of UDS or any of its Subsidiaries, guarantee any debt securities of another person, enter into any "keep well" or other agreement to maintain any financial statement condition of another Person (other than any wholly owned Subsidiary) or enter into any arrangement having the economic effect of any of the foregoing (collectively, "UDS Indebtedness").

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