Indebtedness Covenant Sample Clauses

Indebtedness Covenant. The Borrower will not, and will not permit any Subsidiary to, create, incur, assume or permit to exist any Indebtedness, except: (a) Indebtedness created under the Loan Documents; (b) Indebtedness pursuant to: (i) the private placement notes related to the Merger, (the "PRIVATE PLACEMENT NOTES") that, together with the Term Loan do not exceed $350,000,000, and (ii) Indebtedness of the Borrower of up to $500,000,000 in public bond debt related to the Merger; (c) Indebtedness existing on the Effective Date and set forth on SCHEDULE 6.01(C) hereto and extensions, renewals and replacements of any such Indebtedness that do not increase the outstanding principal amount or change the parties directly or indirectly responsible for the payment thereof; provided that any such refinancing Indebtedness (A) shall be unsecured and (B) shall not mature before the earlier of (x) the maturity date of the Indebtedness refinanced and (y) the date six months following the Revolving Maturity Date; (d) Indebtedness of the Borrower to any Subsidiary and of any Subsidiary to the Borrower or any other Subsidiary; provided that Indebtedness of any Subsidiary that is not a Loan Party to the Borrower or any other Loan Party shall be subject to SECTION 6.06 below; (e) Unsecured Guarantees by the Borrower of Indebtedness of any Subsidiary and Guarantees by any Guarantor of Indebtedness of any other Guarantor, to the extent said Indebtedness is permitted hereunder; (f) Indebtedness of the Borrower or any Subsidiary incurred after the Effective Date under leases (collectively, "TRANSPORTATION EQUIPMENT LEASES") of motor vehicles (including off-road vehicles) and aircraft; (A) Indebtedness of the Borrower or any Subsidiary incurred after the Effective Date to finance the acquisition, construction or improvement of any fixed or capital assets, including Capital Lease Obligations and any Indebtedness assumed in connection with the acquisition of any such assets, or secured by a Lien on any such assets prior to the acquisition thereof, and extensions, renewals and replacements of any such Indebtedness that do not increase the outstanding principal amount or change the parties directly or indirectly responsible for the payment thereof, (B) Attributable Debt (as defined below) of the Borrower or any Subsidiary incurred after the date hereof pursuant to Sale and Leaseback Transactions permitted by SECTION 6.04 and (C) Indebtedness represented by seller notes executed by the Borrower incurred af...

Indebtedness Covenant. (a) Until all of the Company's obligations hereunder are paid and performed in full, the Company shall not, without the prior consent of the Investor, incur any Indebtedness other than (i) the obligations incurred hereby or pursuant to the Other Purchase Agreements not exceeding $2,400,000 in principal in the aggregate outstanding at any time, (ii) obligations to Textron Financial Corporation, or its successors or assigns, not exceeding $7,500,000 in principal in the aggregate outstanding at any time, (iii) obligations to Wachovia Bank, N.A., or its successors or assigns, not exceeding $11,000,000 in principal in the aggregate outstanding at any time, and (iv) any other indebtedness not otherwise permitted by this Section 2.5 not exceeding $5,000,000 in principal in the aggregate outstanding at any time. (b) As used herein, "Indebtedness" means any liability or obligation (i) for borrowed money, other than trade payables incurred in the ordinary course of business, (ii) evidenced by bonds, debentures, notes, or other similar instruments, (iii) in respect of letters of credit or other similar instruments (or reimbursement obligations with respect thereto), except letters of credit or

Indebtedness Covenant. Section 9.9 of the Loan Agreement is hereby amended by adding the following clauses at the end of such Section: “(n) to the extent it constitutes Indebtedness, any Indebtedness incurred in connection with the price adjustment, contingency payment, the copper purchase and the financial assurance set forth in Sections 1.4, 1.5, 1.6 and 4.10 of the Stock Purchase Agreement.

Indebtedness Covenant. Section 6.2 of the Credit Agreement is --------------------- hereby amended by (1) deleting the period (".") from the end of clause (g) thereof and inserting a semicolon and the word "and" ("; and") in its place and (2) inserting the following new clause (h) thereto:

Indebtedness Covenant. Except for Debt incurred in respect of the Transaction, not create, incur, assume, guarantee, permit to exist or otherwise become directly or indirectly liable for or in respect of any Debt or other obligation or purchase any asset (whether or not pursued for gain or other pecuniary advantage), except in accordance with or as permitted by the Transaction Documents.

Indebtedness Covenant. Effective on the Amendment Effective Date, Section 9.4 of the Credit Agreement is hereby amended to delete subpart (j) therefrom and insert in place thereof the following:

Indebtedness Covenant. Section 8.1(b) of the Loan Agreement is amended and restated in its entirety as follows:

Indebtedness Covenant. Effective on the Amendment Effective Date, Section 9.4 of the Credit Agreement is hereby amended to add the following new subsection (k) thereto:

Indebtedness Covenant. The Company shall not permit, as of the last day of any fiscal quarter, the ratio of Cash Flow to Interest Expense to be less than 1.50 to 1.00.