Indebtedness; Agreements. (i) Except as set forth on Schedule 5.1(l)(i), the Company shall not, nor shall the Company permit any of its Subsidiaries to, assume or incur (which shall be deemed to include both entering into credit agreements, lines of credit or similar arrangements and any borrowings under existing credit agreements, lines of credit or similar arrangements) any indebtedness for borrowed money or guarantee any such indebtedness or issue or sell any debt securities or warrants or rights to acquire any debt securities of such party or any of its Subsidiaries or guarantee any debt securities of others or enter into any lease (whether such lease is an operating or capital lease) or create any mortgages, liens, security interests or other encumbrances on the property of the Company or any of its Subsidiaries in connection with any indebtedness thereof, or enter into any "keep well" or other agreement or arrangement to maintain the financial condition of another person. (ii) The Company shall not, nor shall the Company permit any of its Subsidiaries to, enter into, modify, rescind, terminate, waive, release or otherwise amend in any material respect any of the terms or provisions of any Material Contract.
Appears in 3 contracts
Sources: Merger Agreement (Hadco Acquisition Corp Ii), Merger Agreement (Continental Circuits Corp), Merger Agreement (Hadco Acquisition Corp Ii)
Indebtedness; Agreements. (i) Except as set forth on Schedule 5.1(l)(i), the Company shall not, nor shall the Company permit any of its Subsidiaries to, assume or incur (which shall not be deemed to include both entering into credit agreements, lines of credit or similar arrangements and any until borrowings are made under existing credit agreements, lines of credit or similar such arrangements) any indebtedness for borrowed money or guarantee any such indebtedness or issue or sell any debt securities or warrants or rights to acquire any debt securities of such party or any of its Subsidiaries or guarantee any debt securities of others or enter into any lease (whether such lease is an operating or capital lease) or create any mortgages, liens, security interests or other encumbrances on the property of the Company or any of its Subsidiaries in connection with any indebtedness thereof, or enter into any "keep well" or other agreement or arrangement to maintain the financial condition of another person.
(ii) The Except as set forth on Schedule 5.1(1)(ii) the Company shall not, nor shall the Company permit any of its Subsidiaries to, enter into, modify, rescind, terminate, waive, release or otherwise amend in any material respect any of the terms or provisions of any Material Contract.
Appears in 1 contract
Sources: Merger Agreement (Zycon Corp)