Indebtedness; Agreements. (i) Except for indebtedness incurred by the Company from time to time for working capital purposes in the ordinary course of business under that certain Credit Agreement, dated as of August 2, 1996, by and among the Company, the Lenders party thereto, and General Electric Capital Corporation, the Company shall not assume or incur (which shall not be deemed to include entering into credit agreements, lines of credit or similar arrangements until borrowings are made under 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 the Company 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 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 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 2 contracts
Sources: Merger Agreement (DR Pepper Bottling Company of Texas), Merger Agreement (Seven Up Rc Bottling Company of Southern California Inc)