Common use of Indebtedness; Leases Clause in Contracts

Indebtedness; Leases. Except as set forth in Section 6.1.10 of the Company Disclosure Schedule, the Company shall not, nor shall the Company permit any of its Subsidiaries to, (A) incur any indebtedness for borrowed money or guarantee, or enter into a "keepwell" or similar arrangement with respect to, any such indebtedness (including, without limitation, issuances or sales of any debt securities or warrants or rights to acquire any debt securities of the Company or any of its Subsidiaries), other than (x) indebtedness between the Company or any of its Subsidiaries and another of its Subsidiaries and (y) additional indebtedness in the ordinary course of business under existing credit facilities, including the Company's commercial paper facilities, in an amount not to exceed $90,000,000 or (B) enter into any material operating 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, except with respect to indebtedness permitted pursuant to this Section 6.1.10 or (c) enter into any financial derivatives contract or purchase or sell any exchange traded derivative futures or option contract, except for natural gas hedging purposes in strict compliance with a price and/or basis risk management policy approved in writing by Nipsco.

Appears in 2 contracts

Sources: Agreement and Plan of Merger (Nipsco Industries Inc), Merger Agreement (Bay State Gas Co /New/)