Common use of Funded Indebtedness Clause in Contracts

Funded Indebtedness. Funded Indebtedness" shall mean the aggregate amount (including the current portions thereof) of all (i) indebtedness for money borrowed from others, capital lease obligations, dividends payable to the Shareholders, bonus payables to employees, and purchase money indebtedness of the Company, (ii) indebtedness of the type described in clause (i) above guaranteed, directly or indirectly, in any manner by the Company, or in effect guaranteed, directly or indirectly, in any manner by the Company, through an agreement, contingent or otherwise, to supply funds to, or in any other manner invest in, the debtor, or to purchase indebtedness, or to purchase and pay for property if not delivered or to pay for services if not performed, primarily for the purpose of enabling the debtor to make payment of the indebtedness or to assure the owners of the indebtedness against loss, but excluding endorsements of checks and other instruments in the ordinary course, (iii) indebtedness of the type described in clause (i) above secured by any Lien upon property owned by the Company, even though the Company has not in any manner become liable for the payment of such indebtedness and (iv) interest expense accrued but unpaid, and all prepayment premiums, on or relating to any of such indebtedness.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Atlantis Plastics Inc), Agreement and Plan of Merger (Smartdisk Corp), Asset Purchase Agreement (Armitec Inc)

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Funded Indebtedness. Funded Indebtedness" shall mean the aggregate amount (including the current portions thereof) of all (i) indebtedness of a company for money borrowed from others, capital lease obligations, dividends payable to the Shareholdersa company’s Stockholders, bonus payables to employees, and purchase money indebtedness of the Companya company, (ii) indebtedness of the type described in clause (i) above guaranteed, directly or indirectly, in any manner by the Companycompany, or in effect guaranteed, directly or indirectly, in any manner by the Companycompany, through an agreement, contingent or otherwise, to supply funds to, or in any other manner invest in, the debtor, or to purchase indebtedness, or to purchase and pay for property if not delivered or to pay for services if not performed, primarily for the purpose of enabling the debtor company to make payment of the indebtedness or to assure the owners of the indebtedness against loss, but excluding endorsements of checks and other instruments in the ordinary course, (iii) indebtedness of the type described in clause (i) above secured by any Lien upon property owned by the Companycompany, even though the Company company has not in any manner become liable for the payment of such indebtedness and (iv) interest expense accrued but unpaid, and all prepayment premiums, on or relating to any of such indebtedness.. . Contracts evidencing its Funded Indebtedness are set forth on Schedule 11.7 hereto

Appears in 1 contract

Samples: Stock Exchange Agreement (Solar Thin Films, Inc.)

Funded Indebtedness. The term “Funded Indebtedness" shall mean the aggregate amount (including the current portions thereof) of all (i) notes payable, indebtedness for money borrowed from others, capital lease obligations, and dividend distributions payable to any Owner (other than dividends payable on Series A Preferred Stock pursuant to the Shareholders, bonus payables to employees, and purchase money indebtedness of the Company, Section 1.9(b)); (ii) without duplication, indebtedness of the type described in clause (i) above guaranteed, directly or indirectly, in any manner by the CompanyCompany or the Subsidiary, or in effect guaranteed, directly or indirectly, in any manner by the CompanyCompany or the Subsidiary, through an agreement, contingent or otherwise, to supply funds to, or in any other manner invest in, the debtor, or to purchase indebtedness, or to purchase and pay for property if not delivered or to pay for services if not performed, primarily for the purpose of enabling the debtor to make payment of the indebtedness or to assure the owners of the indebtedness against loss, but excluding endorsements of checks and other instruments in the ordinary course, ; (iii) without duplication, indebtedness of the type described in clause (i) above secured by any Lien upon property owned by the CompanyCompany or the Subsidiary, even though the Company or the Subsidiary has not in any manner become liable for the payment of such indebtedness indebtedness; and (iv) interest expense accrued but unpaid, and all prepayment premiums, on or relating to any of such indebtedness.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Roadrunner Transportation Systems, Inc.)

Funded Indebtedness. Funded Indebtedness" shall mean the aggregate amount (including the current portions thereof) of all (i) indebtedness of the Company for money borrowed from others, capital lease obligations, dividends payable to the ShareholdersCompany Stockholders, bonus payables to employees, and purchase money indebtedness of the Company, (ii) indebtedness of the type described in clause (i) above guaranteed, directly or indirectly, in any manner by the Company, or in effect guaranteed, directly or indirectly, in any manner by the Company, through an agreement, contingent or otherwise, to supply funds to, or in any other manner invest in, the debtor, or to purchase indebtedness, or to purchase and pay for property if not delivered or to pay for services if not performed, primarily for the purpose of enabling the debtor Company to make payment of the indebtedness or to assure the owners of the indebtedness against loss, but excluding endorsements of checks and other instruments in the ordinary course, (iii) indebtedness of the type described in clause (i) above secured by any Lien upon property owned by the Company, even though the Company has not in any manner become liable for the payment of such indebtedness and (iv) interest expense accrued but unpaid, and all prepayment premiums, on or relating to any of such indebtedness.. . Contracts evidencing its Funded Indebtedness are set forth on Schedule 11.7 hereto

Appears in 1 contract

Samples: Stock Exchange Agreement (Solar Thin Films, Inc.)

Funded Indebtedness. The term “Funded Indebtedness" shall mean the aggregate amount (including the current portions thereof) of all (i) indebtedness for money borrowed from others, capital lease obligations, dividends distributions payable to the ShareholdersMembers, bonus payables to employees, and purchase money indebtedness of the Company, ; (ii) indebtedness of the type described in clause (i) above guaranteed, directly or indirectly, in any manner by the Company, or in effect guaranteed, directly or indirectly, in any manner by the Company, through an agreement, contingent or otherwise, to supply funds to, or in any other manner invest in, the debtor, or to purchase indebtedness, or to purchase and pay for property if not delivered or to pay for services if not performed, primarily for the purpose of enabling the debtor to make payment of the indebtedness or to assure the owners of the indebtedness against loss, but excluding endorsements of checks and other instruments in the ordinary course, ; (iii) indebtedness of the type described in clause (i) above secured by any Lien upon property owned by the Company, even though the Company has not in any manner become liable for the payment of such indebtedness indebtedness; and (iv) interest expense accrued but unpaid, and all prepayment premiums, on or relating to any of such indebtedness.

Appears in 1 contract

Samples: Asset Purchase Agreement (Smith & Wesson Holding Corp)

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Funded Indebtedness. Funded Indebtedness" shall mean the aggregate amount (including the current portions thereof) of all (i) indebtedness for money borrowed from others, capital lease obligations, dividends payable to the ShareholdersStockholders, bonus payables to employees, and purchase money indebtedness of the Company, (ii) indebtedness of the type described in clause (i) above guaranteed, directly or indirectly, in any manner by the Company, or in effect guaranteed, directly or indirectly, in any manner by the Company, through an agreement, contingent or otherwise, to supply funds to, or in any other manner invest in, the debtor, or to purchase indebtedness, or to purchase and pay for property if not delivered or to pay for services if not performed, primarily for the purpose of enabling the debtor to make payment of the indebtedness or to assure the owners of the indebtedness against loss, but excluding endorsements of checks and other instruments in the ordinary course, (iii) indebtedness of the type described in clause (i) above secured by any Lien upon property owned by the Company, even though the Company has not in any manner become liable for the payment of such indebtedness and (iv) interest expense accrued but unpaid, and all prepayment premiums, on or relating to any of such indebtedness.

Appears in 1 contract

Samples: Stock Purchase Agreement (Sunglass Hut International Inc)

Funded Indebtedness. Funded Indebtedness" shall mean the aggregate amount (including the current portions thereof) of all (i) indebtedness for money borrowed from others, capital lease obligations, dividends payable to the ShareholdersSeller, bonus payables to employees, and purchase money indebtedness of the Company, (ii) indebtedness of the type described in clause (i) above guaranteed, directly or indirectly, in any manner by the Company, or in effect guaranteed, directly or indirectly, in any manner by the Company, through an agreement, contingent or otherwise, to supply funds to, or in any other manner invest in, the debtor, or to purchase indebtedness, or to purchase and pay for property if not delivered or to pay for services if not performed, primarily for the purpose of enabling the debtor to make payment of the indebtedness or to assure the owners of the indebtedness against loss, but excluding endorsements of checks and other instruments in the ordinary course, (iii) indebtedness of the type described in clause (i) above secured by any Lien upon property owned by the Company, even though the Company has not in any manner become liable for the payment of such indebtedness and (iv) interest expense accrued but unpaid, and all prepayment premiums, on or relating to any of such indebtedness.

Appears in 1 contract

Samples: Stock Purchase Agreement (Xstream Beverage Group Inc)

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