Common use of Incurrence of Indebtedness Clause in Contracts

Incurrence of Indebtedness. Except for Debt incurred pursuant to the Company Note and liabilities incurred pursuant to or in connection with the Transaction Documents or otherwise permitted therein, the Seller shall not (i) create, incur or permit to exist any Debt or liability, (ii) cause or permit to be issued for its account any letters of credit or bankers’ acceptances, or (iii) enter into any swap or derivative contract.

Incurrence of Indebtedness. Except for Debt incurred pursuant to the Company Note and liabilities incurred pursuant to or in connection with the Transaction Documents or otherwise permitted therein, the No Seller shall not (i) create, incur or permit to exist exist, any Debt (or liabilityany Buy-Back Obligations, as defined in the Credit Agreement) or (ii) cause or permit to be issued for its account any letters of credit or bankers’ acceptances, except for indebtedness incurred pursuant to the Company Notes or (iii) enter into any swap incurred pursuant to or derivative contractin connection with the Agreement or otherwise permitted by the Agreement.

Incurrence of Indebtedness. Except for Debt incurred pursuant to the Company Note and liabilities incurred pursuant to or in connection with the Transaction Documents or otherwise permitted therein, the The Seller shall not (i) create, incur or permit to exist exist, any Debt (or liabilityany Buy-Back Obligations, as defined in the Credit Agreement) or (ii) cause or permit to be issued for its account any letters of credit or bankers’ acceptances, except for indebtedness incurred pursuant to the Company Notes or (iii) enter into any swap incurred pursuant to or derivative contractin connection with the Agreement or otherwise permitted by the Agreement.

Incurrence of Indebtedness. Except The Seller shall not (i) create, incur or permit to exist any Debt or liability or (ii) cause or permit to be issued for its account any letters of credit or bankers’ acceptances, except for Debt incurred pursuant to the Company Note and liabilities incurred pursuant to or in connection with the Transaction Documents or otherwise permitted therein, the Seller shall not (i) create, incur or permit to exist any Debt or liability, (ii) cause or permit to be issued for its account any letters of credit or bankers’ acceptances, or (iii) enter into any swap or derivative contract.

Incurrence of Indebtedness. Except The Seller shall not (i) create, incur or permit to exist, any Debt or liability or (ii) cause or permit to be issued for its account any letters of credit or bankers’ acceptances, except for Debt incurred pursuant to the Company Note and liabilities incurred pursuant to or in connection with the Transaction Documents or otherwise permitted therein, the Seller shall not (i) create, incur or permit to exist any Debt or liability, (ii) cause or permit to be issued for its account any letters of credit or bankers’ acceptances, or (iii) enter into any swap or derivative contract.

Incurrence of Indebtedness. Except for Debt incurred pursuant to the Company Note and liabilities incurred pursuant to or in connection with the Transaction Documents or otherwise permitted therein, the The Seller shall not (i) create, incur or permit to exist exist, any Debt or liability, liability or (ii) cause or permit to be issued for its account any letters of credit or bankers’ acceptances, except for Debt incurred pursuant to the Company Notes and liabilities incurred pursuant to or (iii) enter into any swap in connection with the Transaction Documents or derivative contractotherwise permitted therein.

Incurrence of Indebtedness. Except for Debt incurred pursuant to the Company Note and liabilities incurred pursuant to or in connection with the Transaction Documents or otherwise permitted therein, the The Seller shall not (i) create, incur or permit to exist any Debt or liability, (ii) cause or permit to be issued for its account any letters of credit or bankers’ acceptances, except for Debt incurred pursuant to the Company Note and liabilities incurred pursuant to or in connection with the Transaction Documents or otherwise permitted therein or (iii) enter into any swap or derivative contract.

Incurrence of Indebtedness. Except for Debt incurred pursuant to the Company Note and liabilities incurred pursuant to or in connection with the Transaction Documents or otherwise permitted therein, the The Seller shall not (i) create, incur or permit to exist exist, any Debt or liability, (ii) cause or permit to be issued for its account any letters of credit or bankers’ acceptances, except for indebtedness incurred pursuant to the Company Notes or (iii) enter into any swap incurred pursuant to or derivative contractin connection with the Agreement or otherwise permitted by the Agreement.

Incurrence of Indebtedness. Except for Debt incurred pursuant to the Company Note and liabilities incurred pursuant to or in connection with the Transaction Documents or otherwise permitted therein, the Seller shall not (i) create, incur or permit to exist exist, any Debt Indebtedness or liability, liability or (ii) cause or permit to be issued for its account any letters of credit or bankers’ ' acceptances, except Indebtedness incurred pursuant to the Company Note and liabilities incurred pursuant to or (iii) enter into any swap or derivative contractin connection with the Transaction Documents.

Incurrence of Indebtedness. Except Seller shall not (i) create, incur or permit to exist any Indebtedness, Guaranty or liability or (ii) cause or permit to be issued for Debt its account any Receivables Purchase Agreement - 38 letters of credit or bankers' acceptances, except for Indebtedness incurred pursuant to the Company an AFC Note and liabilities incurred pursuant to or in connection with the Transaction Documents or otherwise permitted therein, the Seller shall not (i) create, incur or permit to exist any Debt or liability, (ii) cause or permit to be issued for its account any letters of credit or bankers’ acceptances, or (iii) enter into any swap or derivative contract.

Incurrence of Indebtedness. Except for Debt incurred pursuant to the Company Note and liabilities incurred pursuant to or in connection with the Transaction Documents or otherwise permitted therein, the The Seller shall not -------------------------- (i) create, incur or permit to exist exist, any Debt or liability, liability or (ii) cause or permit to be issued for its account any letters of credit or bankers’ ' acceptances, except for Debt incurred in the ordinary course of business and not exceeding $5,000 and liabilities incurred pursuant to or (iii) enter into any swap in connection with the Transaction Documents or derivative contractotherwise permitted therein.

Incurrence of Indebtedness. Except for Debt incurred pursuant to the Company Note and liabilities incurred pursuant to or in connection with the Transaction Documents or otherwise permitted therein, the The Seller shall not (i) create, incur or permit to exist exist, any Debt or liability, liability or (ii) cause or permit to be issued for its account any letters of credit or bankers’ ' acceptances, except for Debt incurred pursuant to the Company Notes and liabilities incurred pursuant to or (iii) enter into any swap in connection with the Transaction Documents or derivative contract.otherwise permitted therein. EXHIBIT V TERMINATION EVENTS Each of the following shall be a "Termination Event":

Incurrence of Indebtedness. Except for Debt incurred pursuant to the Company Note and liabilities incurred pursuant to or in connection with the Transaction Documents or otherwise permitted therein, the The Seller shall not (i) create, incur or permit to exist exist, any Debt or liability, (ii) cause or permit to be issued for its account any letters of credit or bankers’ acceptances, except for Debt incurred pursuant to the Company Notes or (iii) enter into any swap incurred pursuant to or derivative contractin connection with the Agreement or otherwise permitted by the Agreement.

Incurrence of Indebtedness. Except for Debt incurred pursuant to the Company Note and liabilities incurred pursuant to or in connection with the Transaction Documents or otherwise permitted therein, the Seller shall not (i) create, incur or permit to exist exist, any Debt Indebtedness or liability, liability or (ii) cause or permit to be issued for its account any letters of credit or bankers’ ' acceptances, except Indebtedness incurred pursuant to the FTL Notes and liabilities incurred pursuant to or (iii) enter into any swap or derivative contractin connection with the Transaction Documents.