Indebtedness. The Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or otherwise become or remain liable with respect to any Indebtedness, except:
Appears in 54 contracts
Samples: Credit Agreement (Hillman Solutions Corp.), Fourth Amendment (Isos Acquisition Corp.), Credit Agreement (Hillman Companies Inc)
Indebtedness. The Neither the Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, shall directly or indirectly, indirectly create, incur, assume or otherwise become or remain directly or indirectly liable with respect to any Indebtedness, except:
Appears in 52 contracts
Samples: Credit Agreement (Alion Science & Technology Corp), Subsidiary Stock Pledge Agreement (Quixote Corp), Credit Agreement (Schawk Inc)
Indebtedness. The Borrower shall not, nor shall it will not permit any of its Restricted the Existing Principal Subsidiaries to, directly or indirectly, to create, incur, assume or suffer to exist or otherwise become or remain be liable with in respect to of any Indebtedness, exceptother than, without duplication, the following:
Appears in 45 contracts
Samples: Credit Agreement (Royal Caribbean Cruises LTD), Term Loan Agreement (Royal Caribbean Cruises LTD), Subordination Agreement (Royal Caribbean Cruises LTD)
Indebtedness. The Borrower shall not, nor and shall it not permit any of its Restricted Subsidiaries to, directly or indirectly, indirectly create, incur, assume or otherwise become or remain directly or indirectly liable with respect to any Indebtedness, exceptIndebtedness except for the following:
Appears in 29 contracts
Samples: Credit Agreement (Babcock & Wilcox Co), Credit Agreement (Babcock & Wilcox Enterprises, Inc.), Credit Agreement (Babcock & Wilcox Co)
Indebtedness. The Borrower shall will not, nor shall it and will not permit any of its Restricted Subsidiaries toto create, incur, assume, suffer to exist, guarantee, or otherwise become or remain, directly or indirectly, create, incur, assume or otherwise become or remain liable with respect to any Indebtedness, except:except for Permitted Indebtedness.
Appears in 29 contracts
Samples: Credit Agreement (Asure Software Inc), Credit Agreement (Stillwater Mining Co /De/), Credit Agreement (Nuverra Environmental Solutions, Inc.)
Indebtedness. The Each Borrower shall will not, nor shall it and will not permit any of its Restricted Subsidiaries toto create, incur, assume, suffer to exist, guarantee, or otherwise become or remain, directly or indirectly, create, incur, assume or otherwise become or remain liable with respect to any Indebtedness, except:except for Permitted Indebtedness.
Appears in 27 contracts
Samples: Credit Agreement (Inventure Foods, Inc.), Credit Agreement (API Technologies Corp.), Credit Agreement (Erickson Air-Crane Inc.)
Indebtedness. The Borrower shall not, nor and shall it not permit any other Obligor or any Subsidiary of its Restricted Subsidiaries Borrower or any other Obligor to, create, incur, assume, or permit or suffer to exist, or assume or guarantee, directly or indirectly, createcontingently or otherwise, incur, assume or otherwise become or remain liable with respect to any Indebtedness, exceptIndebtedness other than the following:
Appears in 22 contracts
Samples: Term Loan Agreement (Columbia Property Trust, Inc.), Credit Agreement (Wells Real Estate Investment Trust Ii Inc), And Term Loan Agreement (Columbia Property Trust, Inc.)
Indebtedness. The Borrower shall not, nor and shall it not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or guaranty, or otherwise become or remain directly or indirectly liable with respect to to, any Indebtedness, except:
Appears in 20 contracts
Samples: Credit Agreement (Isle of Capri Casinos Inc), Credit Agreement (Boyds Collection LTD), Credit Agreement (Joy Global Inc)
Indebtedness. The Borrower shall not, nor shall it not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or guaranty, or otherwise become or remain directly or indirectly liable with respect to to, any Indebtedness, except:
Appears in 14 contracts
Samples: Term Loan Agreement (Hospira Inc), Assignment Agreement (Hospira Inc), Credit Agreement (Mosaic Co)
Indebtedness. The Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, directly or indirectly, to create, incur, assume or otherwise become or remain liable with respect to any Indebtedness, except:
Appears in 13 contracts
Samples: Credit Agreement (First Watch Restaurant Group, Inc.), Second Lien Credit Agreement (Sovos Brands, Inc.), Credit Agreement (First Watch Restaurant Group, Inc.)
Indebtedness. The Each Borrower shall not, nor and shall it not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or guaranty, or otherwise become or remain directly or indirectly liable with respect to to, any Indebtedness, except:
Appears in 12 contracts
Samples: Credit Agreement (Goss Graphic Systems Inc), Credit Agreement (Hines Horticulture Inc), Credit Agreement (Amphenol Corp /De/)
Indebtedness. The Borrower shall not, nor and shall it not permit any of its Restricted Subsidiaries to, directly or indirectly, indirectly create, incur, assume or otherwise become or remain directly or indirectly liable with respect to to, any Indebtedness, except:
Appears in 12 contracts
Samples: Loan Agreement (Equity Lifestyle Properties Inc), Credit Agreement (Manufactured Home Communities Inc), Credit Agreement (Manufactured Home Communities Inc)
Indebtedness. The Borrower shall will not, nor shall will it permit any of its Restricted Subsidiaries Subsidiary to, directly or indirectly, create, incur, assume or guaranty, or otherwise become directly or remain indirectly liable with respect to any Indebtedness, except:
Appears in 11 contracts
Samples: Credit and Guaranty Agreement (Bioventus Inc.), Credit and Guaranty Agreement (Bioventus Inc.), Credit and Guaranty Agreement (Bioventus Inc.)
Indebtedness. The Borrower shall not, nor and shall it not permit any of its Restricted the Subsidiaries to, directly or indirectly, create, incur, assume assume, guarantee, or otherwise become or remain directly or indirectly liable with respect to any Indebtedness except for the following (collectively, “Permitted Indebtedness, except:”):
Appears in 11 contracts
Samples: Guaranty and Security Agreement (Sunrun Inc.), Rec Purchase and Sale Agreement (Sunrun Inc.), Assignment and Assumption (Sunrun Inc.)
Indebtedness. The Borrower Borrowers shall not, nor shall it they permit any of its their Restricted Subsidiaries to, directly or indirectly, create, incur, assume or otherwise become or remain liable with respect to any Indebtedness, except:
Appears in 9 contracts
Samples: Security Agreement (Knowlton Development Corp Inc), Credit Agreement (SB/RH Holdings, LLC), Security Agreement (Knowlton Development Parent, Inc.)
Indebtedness. The Borrower shall not, nor shall it permit any Subsidiary of its Restricted Subsidiaries the Borrower to, directly or indirectly, indirectly create, incur, assume or otherwise become or remain directly or indirectly liable with respect to any Indebtedness, exceptIndebtedness except for the following:
Appears in 9 contracts
Samples: Credit Agreement (Knology Inc), Credit Agreement (Knology Inc), Credit Agreement (Knology Inc)
Indebtedness. The Borrower Borrowers shall not, nor and shall it not permit any of its Restricted their respective Subsidiaries to, directly or indirectly, create, incurincur or assume, assume or otherwise become or remain directly or indirectly liable with respect to to, any Indebtedness, except:
Appears in 8 contracts
Samples: Credit Agreement (Danielson Holding Corp), Credit Agreement (Covanta Energy Corp), Credit Agreement (Danielson Holding Corp)
Indebtedness. The Borrower shall and each other Obligor will not, nor shall it and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incurincur or assume, assume or otherwise become or remain directly or indirectly liable with respect to any Indebtedness, except:
Appears in 8 contracts
Samples: Pledge and Security Agreement (Blue Apron Holdings, Inc.), Pledge and Security Agreement (Blue Apron Holdings, Inc.), Revolving Credit and Guaranty Agreement (Slack Technologies, Inc.)
Indebtedness. The (a) Neither the Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, shall directly or indirectly, indirectly create, incur, assume or otherwise become or remain directly or indirectly liable with respect to any Indebtedness, except:
Appears in 7 contracts
Samples: Credit and Term Loan Agreement (Washington Prime Group Inc.), Term Loan Agreement (Washington Prime Group, L.P.), Term Loan Agreement (Washington Prime Group, L.P.)
Indebtedness. The Except as permitted by Section 10.2, Borrower shall notnot create, nor shall it permit any of its Restricted Subsidiaries toincur, assume, permit, guarantee, or otherwise become or remain, directly or indirectly, create, incur, assume or otherwise become or remain liable with respect to any Indebtedness except Permitted Indebtedness, except:.
Appears in 7 contracts
Samples: Loan and Security Agreement (T3 Motion, Inc.), Loan and Security Agreement (Vertical Branding, Inc.), Loan and Security Agreement (Visualant Inc)
Indebtedness. The Borrower shall will not, nor shall it and will not permit Guarantor or any of its Restricted their respective Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist or otherwise become or remain be liable with in respect to of any Indebtedness, exceptother than, without duplication, the following:
Appears in 7 contracts
Samples: Credit Agreement (Strategic Hotel Capital Inc), Senior Unsecured Credit Agreement (Strategic Hotels & Resorts, Inc), Credit Agreement (Strategic Hotels & Resorts, Inc)
Indebtedness. The Borrower shall not, nor shall it will not and will not permit any of its Restricted Subsidiaries to, directly or indirectly, indirectly to create, incur, assume assume, guaranty, or otherwise become or remain directly or indirectly liable with respect to any Indebtedness, Indebtedness except:
Appears in 7 contracts
Samples: Credit Agreement (Acorn Products Inc), Credit Agreement (Aki Inc), Credit Agreement (Aki Holding Corp)
Indebtedness. The Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or otherwise become or remain directly or indirectly liable with respect to any Indebtedness, exceptexcept the following Indebtedness:
Appears in 6 contracts
Samples: Credit Agreement (Amc Entertainment Inc), Credit Agreement (Amc Entertainment Inc), Credit Agreement (Amc Entertainment Holdings, Inc.)
Indebtedness. The Borrower Borrowers shall not, nor and shall it not permit any of its Restricted their Subsidiaries to, directly or indirectly, create, incur, assume or guaranty, or otherwise become or remain directly or indirectly liable with respect to to, any Indebtedness, except:
Appears in 6 contracts
Samples: Senior Secured Credit Agreement (Amf Bowling Worldwide Inc), Credit Agreement (Las Vegas Sands Inc), Credit Agreement (La Quinta Corp)
Indebtedness. The Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, will not directly or indirectly, indirectly create, incur, assume assume, guaranty, or otherwise become or remain directly or indirectly liable with respect to any Indebtedness except Permitted Indebtedness, except:.
Appears in 6 contracts
Samples: Loan and Security Agreement (Alexion Pharmaceuticals Inc), Loan and Security Agreement (Equinix Inc), Development Loan and Security Agreement (Equinix Inc)
Indebtedness. The Borrower shall will not, nor shall it permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume assume, guaranty, or otherwise become or remain directly or indirectly liable with respect to to, any Indebtedness, except:
Appears in 6 contracts
Samples: Credit Agreement (Universal City Development Partners LTD), Credit Agreement (Universal City Development Partners LTD), Credit Agreement (Universal City Development Partners LTD)
Indebtedness. The Borrower shall not, nor and shall it not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume assume, suffer to exist or otherwise become or remain directly or indirectly liable with respect to to, any Indebtedness, exceptother than:
Appears in 6 contracts
Samples: Credit Agreement (BMJ Medical Management Inc), Term Loan Agreement (Vectra Technologies Inc), Credit Agreement (Genmar Holdings Inc)
Indebtedness. The Borrower shall not, nor and shall it not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incurassume, assume incur or otherwise become or remain liable with obligated in respect of, or permit to be outstanding, any Indebtedness, Indebtedness except:
Appears in 6 contracts
Samples: Credit Agreement (Gray Television Inc), Credit Agreement (Gray Television Inc), Credit Agreement (Gray Television Inc)
Indebtedness. The Each Borrower shall will not, nor shall it and will not permit any of its Restricted Subsidiaries to, create, incur, assume, suffer to exist, guarantee, or otherwise become or remain, directly or indirectly, create, incur, assume or otherwise become or remain liable with respect to any Indebtedness, except:except for Permitted Indebtedness.
Appears in 6 contracts
Samples: Revolving Credit Agreement (Cleveland-Cliffs Inc.), Credit Agreement (General Finance CORP), Assignment and Acceptance Agreement (Cleveland-Cliffs Inc.)
Indebtedness. The Parent Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or otherwise become or remain liable with respect to any Indebtedness, except:
Appears in 5 contracts
Samples: Patent Security Agreement (PQ Group Holdings Inc.), Security Agreement (PQ Group Holdings Inc.), First Amendment Agreement (Ecovyst Inc.)
Indebtedness. The Borrower shall will not, nor shall it and will not permit any of its Restricted Subsidiaries to, create, incur, assume, suffer to exist, guarantee, or otherwise become or remain, directly or indirectly, create, incur, assume or otherwise become or remain liable with respect to any Indebtedness, except:except for Permitted Indebtedness.
Appears in 5 contracts
Samples: Credit Agreement (Quanex Building Products CORP), Credit Agreement (Quanex Building Products CORP), Credit Agreement (Quanex Building Products CORP)
Indebtedness. The Borrower shall not, nor shall it permit any of its the Restricted Subsidiaries to, directly or indirectly, create, incur, assume or otherwise become or remain liable with respect to any Indebtedness, except:
Appears in 5 contracts
Samples: Credit Agreement (Victory Capital Holdings, Inc.), Credit Agreement (Cowen Inc.), Credit Agreement (Victory Capital Holdings, Inc.)
Indebtedness. The Borrower shall notnot create, nor shall it incur or assume, or permit any of its Restricted Subsidiaries to, directly or indirectly, to create, incurincur or assume, assume or otherwise become or remain liable with respect to any Indebtedness, except:other than Permitted Indebtedness.
Appears in 5 contracts
Samples: Credit Agreement (Motorcar Parts America Inc), Credit Agreement (J2 Global Communications Inc), Credit Agreement (Diodes Inc /Del/)
Indebtedness. The Each Borrower shall will not, nor shall it and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume issue, assume, guarantee, suffer to exist or otherwise become directly or remain liable indirectly liable, contingently or otherwise with respect to any Indebtedness, exceptexcept for:
Appears in 5 contracts
Samples: Credit and Security Agreement (ARKO Corp.), Credit and Security Agreement (ARKO Corp.), Credit and Security Agreement (ARKO Corp.)
Indebtedness. The Borrower shall not, nor shall it will not and will not permit any of its Restricted Subsidiaries to, directly or indirectly, indirectly to create, incur, assume assume, guaranty or otherwise become or remain liable with respect to any Indebtedness, exceptIndebtedness other than:
Appears in 5 contracts
Samples: Credit Agreement (Surewest Communications), Credit Agreement (Surewest Communications), Credit Agreement
Indebtedness. The Borrower shall will not, nor shall it and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume assume, or otherwise become directly or remain indirectly liable with respect to to, any Indebtedness, except:except (subject to the provisions of Section 7B.4):
Appears in 5 contracts
Samples: Credit Agreement (Energy Transfer Partners, L.P.), Credit Agreement (Heritage Propane Partners L P), Credit Agreement (Heritage Propane Partners L P)
Indebtedness. The Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or otherwise become or remain liable with respect to any Indebtedness, except:
Appears in 5 contracts
Samples: Assignment and Assumption (PSAV, Inc.), Credit Agreement (First Watch Restaurant Group, Inc.), Credit Agreement (First Watch Restaurant Group, Inc.)
Indebtedness. The Borrower shall not, nor and shall it not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or guaranty, or otherwise become or remain directly or indirectly liable with respect to to, any Indebtedness, except:
Appears in 5 contracts
Samples: Credit Agreement (Pantry Inc), Credit Agreement (Pantry Inc), Credit Agreement (Assurant Inc)
Indebtedness. The Borrower shall not, nor shall it will not and will not permit any of its Restricted Subsidiaries to, directly or indirectly, indirectly to create, incur, assume assume, or otherwise become or remain directly or indirectly liable with respect to any Indebtedness, Indebtedness (other than pursuant to a Contingent Obligation) except:
Appears in 5 contracts
Samples: Credit Agreement (Portola Packaging Inc), Credit Agreement (Portola Packaging Inc), Credit Agreement (Portola Packaging Inc)
Indebtedness. The Borrower shall not, nor and shall it not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume assume, guarantee or suffer to exist, or otherwise become or remain liable with respect to, or permit any of its Subsidiaries to create, incur, assume, guarantee or suffer to exist or otherwise become or remain liable with respect to, any Indebtedness other than Permitted Indebtedness, except:.
Appears in 5 contracts
Samples: Secured Revolving Loan Agreement (Talbots Inc), Term Loan Agreement (Talbots Inc), Secured Revolving Loan Agreement (Talbots Inc)
Indebtedness. The Top Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or otherwise become or remain liable with respect to any Indebtedness, except:
Appears in 5 contracts
Samples: Intercreditor Agreement (Cotiviti Holdings, Inc.), Intercreditor Agreement (Cotiviti Holdings, Inc.), First Lien Credit Agreement (Cotiviti Holdings, Inc.)
Indebtedness. The Borrower shall not, nor and shall it not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or guaranty, or otherwise become or remain directly or indirectly liable with respect to to, any Indebtedness, except:
Appears in 5 contracts
Samples: Security Agreement (Isle of Capri Casinos Inc), Credit Agreement (Isle of Capri Casinos Inc), Credit Agreement (Isle of Capri Casinos Inc)
Indebtedness. The Each Borrower shall will not, nor shall it and will not permit any of its Restricted Subsidiaries or Parent to, create, incur, assume, suffer to exist, guarantee, or otherwise become or remain, directly or indirectly, create, incur, assume or otherwise become or remain liable with respect to any Indebtedness, except:except for Permitted Indebtedness.
Appears in 4 contracts
Samples: Credit Agreement (MGP Ingredients Inc), Credit Agreement (MGP Ingredients Inc), Credit Agreement (MGP Ingredients Inc)
Indebtedness. The Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, directly or indirectly, to create, incur, assume or otherwise become or remain liable with respect to any Indebtedness, except:
Appears in 4 contracts
Samples: Intercreditor Agreement (Post Holdings, Inc.), Intercreditor Agreement (Post Holdings, Inc.), First Lien Credit Agreement (Post Holdings, Inc.)
Indebtedness. The No Borrower shall not, nor shall it permit any of its Restricted Subsidiaries toshall, directly or indirectly, create, incur, assume incur or otherwise become or remain liable with respect to or responsible for, any Indebtedness, exceptIndebtedness except for the following:
Appears in 4 contracts
Samples: Credit Agreement (Emeritus Corp\wa\), Credit Agreement (Emeritus Corp\wa\), Credit Agreement (Emeritus Corp\wa\)
Indebtedness. The No Borrower shall notshall, nor shall it permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or otherwise become or remain liable with respect to any Indebtedness, except:
Appears in 4 contracts
Samples: Credit Agreement (Indivior PLC), Credit Agreement (Indivior PLC), Credit Agreement (Indivior PLC)
Indebtedness. The No Borrower shall, or shall not, nor shall it permit any of its Restricted Subsidiaries Borrower Subsidiary to, directly or indirectly, indirectly create, incur, assume or otherwise become or remain directly or indirectly liable with respect to any Indebtedness, except:
Appears in 4 contracts
Samples: Credit Agreement (Nacco Industries Inc), Credit Agreement (Nacco Industries Inc), Credit Agreement (NMHG Holding Co)
Indebtedness. The Borrower shall not, nor and shall it not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or otherwise become liable for or remain liable with respect suffer to exist any Indebtedness, exceptother than:
Appears in 4 contracts
Samples: Credit Agreement (Chalone Wine Group LTD), Credit Agreement (California Microwave Inc), Credit Agreement (Chalone Wine Group LTD)
Indebtedness. The Neither the Parent Borrower shall not, nor shall it permit any of its the Restricted Subsidiaries to, directly or indirectly, shall create, incur, assume issue, assume, guarantee or otherwise become liable, contingently or remain liable otherwise, with respect to any Indebtedness, except:
Appears in 4 contracts
Samples: Credit Agreement (Change Healthcare Inc.), Credit Agreement (PF2 SpinCo LLC), Credit Agreement (PF2 SpinCo, Inc.)
Indebtedness. The Borrower Borrowers shall not, nor shall it permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or otherwise become or remain liable with respect to any Indebtedness, except:
Appears in 4 contracts
Samples: Credit Agreement (Concrete Pumping Holdings, Inc.), Credit Agreement (Concrete Pumping Holdings, Inc.), Credit Agreement (Concrete Pumping Holdings, Inc.)
Indebtedness. The No Borrower shall notshall, nor shall it permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or guaranty, or otherwise become or remain directly or indirectly liable with respect to any Indebtedness, except:
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (Priority Technology Holdings, Inc.), Credit and Guaranty Agreement (Priority Technology Holdings, Inc.), Credit and Guaranty Agreement (Priority Technology Holdings, Inc.)
Indebtedness. The Borrower Borrowers shall not, nor and shall it not permit any of its their Restricted Subsidiaries to, directly or indirectly, create, incur, assume or guaranty, or otherwise become or remain directly or indirectly liable with respect to to, any Indebtedness, except:
Appears in 4 contracts
Samples: Credit Agreement (Las Vegas Sands Corp), Credit Agreement (Las Vegas Sands Corp), Credit Agreement (Las Vegas Sands Inc)
Indebtedness. The Borrower shall will not, nor shall it and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or otherwise become or remain liable with respect to incur any Indebtedness, except:except for the following ("Permitted Indebtedness"):
Appears in 4 contracts
Samples: Credit Agreement (Alpine Group Inc /De/), Credit Agreement (Superior Telecom Inc), Credit Agreement (Alpine Group Inc /De/)
Indebtedness. The No Borrower shall notshall, nor shall it permit any of its Restricted Subsidiaries to, incur, create, assume, become or be liable in any manner with respect to, suffer or permit to exist, any Indebtedness or guarantee, assume, endorse, or otherwise become responsible for (directly or indirectly) the performance, create, incur, assume dividends or otherwise become or remain liable with respect to other obligations of any IndebtednessPerson, except:
Appears in 3 contracts
Samples: Loan and Security Agreement (MTS Inc), Loan and Security Agreement (Rockford Corp), Loan and Security Agreement (Rockford Corp)
Indebtedness. The Borrower shall not, nor shall it or any other Obligor will not and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incurincur or assume, assume or otherwise become or remain directly or indirectly liable with respect to any Indebtedness, except:
Appears in 3 contracts
Samples: Pledge and Security Agreement (Etsy Inc), Credit and Guaranty Agreement (LendingClub Corp), Credit and Guaranty Agreement (LendingClub Corp)
Indebtedness. The Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, directly or indirectly, incur, create, incurissue, assume or otherwise become or remain liable with respect to guarantee any Indebtedness, Indebtedness except:
Appears in 3 contracts
Samples: Loan Agreement (Pacific Mezzanine Fund), Loan Agreement (Plastic Surgery Co), Loan Agreement (General Automation Inc)
Indebtedness. The Borrower shall not, nor and shall it not permit any of its Restricted Subsidiaries the Guarantors to, directly or indirectly, create, incurassume, assume incur or otherwise become or remain liable with obligated in respect of, or permit to be outstanding any Indebtedness, Indebtedness except:
Appears in 3 contracts
Samples: Loan Agreement (Cablevision Systems Corp /Ny), Loan Agreement (CSC Holdings Inc), CSC Holdings Inc
Indebtedness. The Administrative Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or otherwise become or remain liable with respect to any Indebtedness, except:
Appears in 3 contracts
Samples: Credit Agreement (Syneos Health, Inc.), Credit Agreement (Syneos Health, Inc.), Credit Agreement (INC Research Holdings, Inc.)
Indebtedness. The Borrower shall not, nor and shall it not permit any of its Restricted Subsidiaries to, directly or indirectly, indirectly create, incur, assume or otherwise become or remain directly or indirectly liable with respect to any Indebtedness, exceptIndebtedness except for the following:
Appears in 3 contracts
Samples: Credit Agreement (BWX Technologies, Inc.), Credit Agreement (BWX Technologies, Inc.), Credit Agreement (BWX Technologies, Inc.)
Indebtedness. The Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or otherwise become or remain liable with respect to any Indebtedness, except:
Appears in 3 contracts
Samples: Credit Agreement (Cano Health, Inc.), Bridge Loan Agreement (Cano Health, Inc.), Credit Agreement (Jaws Acquisition Corp.)
Indebtedness. The No Borrower shall notshall, nor shall it permit any of its Restricted Subsidiaries to, directly or indirectly, incur, create, incurassume directly or indirectly, assume or otherwise become or remain liable with suffer to exist any Indebtedness (including without limitation any Guarantee Obligation in respect to of Indebtedness of its Unrestricted Subsidiaries and any Receivables Facility Attributed Indebtedness, except) except for:
Appears in 3 contracts
Samples: Revolving Credit Agreement (Huntsman LLC), Revolving Credit Agreement (Huntsman Petrochemical Finance Co), Revolving Credit Agreement (Huntsman Polymers Corp)
Indebtedness. The Borrower shall not, nor and shall it not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incurassume, assume incur or otherwise become or remain liable with obligated in respect of, or permit to be outstanding, or suffer to exist any Indebtedness, except:
Appears in 3 contracts
Samples: Credit Agreement (Kevco Inc), Credit Agreement (Uk Abba Products Inc), Credit Agreement (Homco Puerto Rico Inc)
Indebtedness. The Holdings and Borrower shall not, nor not and shall it not cause or permit any of its Restricted Borrower’s Subsidiaries to, directly or indirectly, indirectly to create, incur, assume assume, or otherwise become or remain directly or indirectly liable with respect to any Indebtedness, Indebtedness (other than pursuant to a Contingent Obligation permitted under Section 3.4) except:
Appears in 3 contracts
Samples: Credit Agreement (TNS Inc), Credit Agreement (TNS Inc), Credit Agreement (TNS Inc)
Indebtedness. The Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or otherwise become or remain liable with respect to any Indebtedness, except:
Appears in 3 contracts
Samples: First Lien Credit Agreement (Ranpak Holdings Corp.), First Lien Credit Agreement (Ranpak Holdings Corp.), First Lien Credit Agreement (Ranpak Holdings Corp.)
Indebtedness. The Borrower shall not, nor and shall it not permit ------------ any Subsidiary of its Restricted Subsidiaries the Borrower to, directly or indirectly, create, incurassume, assume incur or otherwise become or remain liable with obligated in respect of, or permit to be outstanding, or suffer to exist any Indebtedness, except:
Appears in 3 contracts
Samples: Credit Agreement (Doskocil Manufacturing Co Inc), Credit Agreement (Sunterra Corp), Credit Agreement (Compucom Systems Inc)
Indebtedness. The Borrower shall will not, nor shall it and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume incur or otherwise become or remain liable with respect to or responsible for, any Indebtedness, exceptIndebtedness except for any of the following:
Appears in 3 contracts
Samples: Credit Agreement (Hill International, Inc.), Credit Agreement (Hill International, Inc.), Credit Agreement (Hill International, Inc.)
Indebtedness. The Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, directly or indirectly, indirectly create, incur, assume or otherwise become or remain directly or indirectly liable with respect to any Indebtedness, exceptIndebtedness except for the following:
Appears in 3 contracts
Samples: Credit Agreement (Us Concrete Inc), Credit Agreement (Datapath Inc), Credit Agreement (Us Concrete Inc)
Indebtedness. The Borrower shall will not, nor shall it and will not permit any of its Restricted Subsidiaries to, directly or indirectly, indirectly create, incur, assume or otherwise become or remain directly or indirectly liable with respect to any Indebtedness, Indebtedness except:
Appears in 3 contracts
Samples: Revolving Credit Agreement (Union Carbide Corp /New/), Revolving Credit Agreement (Union Carbide Corp /New/), Revolving Credit Agreement (Union Carbide Corp /New/)
Indebtedness. The Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, directly or indirectly, incur, create, incurassume directly or indirectly, assume or otherwise become or remain liable with suffer to exist any Indebtedness (including without limitation any Guarantee Obligation in respect to of Indebtedness of its Unrestricted Subsidiaries and any Receivables Facility Attributed Indebtedness, except) except for:
Appears in 3 contracts
Samples: Credit Agreement (Huntsman Petrochemical Finance Co), Credit Agreement (Huntsman LLC), Credit Agreement (Huntsman Polymers Corp)
Indebtedness. The Borrower shall will not, nor shall it and will not permit any of its Restricted Subsidiaries toor Parent to create, incur, assume, suffer to exist, guarantee, or otherwise become or remain, directly or indirectly, create, incur, assume or otherwise become or remain liable with respect to any Indebtedness, except:except for Permitted Indebtedness.
Appears in 3 contracts
Samples: Credit Agreement (Q2 Holdings, Inc.), Credit Agreement (Q2 Holdings, Inc.), Credit Agreement (Streamline Health Solutions Inc.)
Indebtedness. The Borrower shall will not, nor shall it and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist or otherwise become or remain be liable with in respect to of any Indebtedness, exceptother than the following:
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Key Components Finance Corp), Credit and Guaranty Agreement (Key Components Finance Corp), Credit and Guaranty Agreement (Key Components LLC)
Indebtedness. The Borrower shall not, nor and shall it not permit any of its Restricted Subsidiaries to, directly or indirectlyincur, create, assume or suffer to exist, or permit to incur, create, assume or otherwise suffer to exist, or become or remain liable with respect to liable, for or on account of any IndebtednessIndebtedness except (1) Indebtedness hereunder, except:and (2)
Appears in 3 contracts
Samples: Financing Agreement (Nortel Networks LTD), Financing Agreement (Impsat Fiber Networks Inc), Financing Agreement (Impsat Fiber Networks Inc)
Indebtedness. The Borrower shall not, nor and shall it not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume assume, suffer to exist or otherwise become or remain directly or indirectly liable with respect to to, any IndebtednessIndebtedness other than the following PROVIDED that none of the creation, exceptincurrence, assumption or existence of any of the following result in or cause a violation or breach of, or default under, any Subordinated Debt Document:
Appears in 3 contracts
Samples: Credit Agreement (Cke Restaurants Inc), Credit Agreement (Cke Restaurants Inc), Credit Agreement (Cke Restaurants Inc)
Indebtedness. The Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or guaranty, or otherwise become or remain directly or indirectly liable with respect to any IndebtednessIndebtedness without Administrative Agent’s consent, except:
Appears in 3 contracts
Samples: Credit Agreement (Greystone Housing Impact Investors LP), Credit Agreement (Greystone Housing Impact Investors LP), Credit Agreement (Greystone Housing Impact Investors LP)
Indebtedness. The Borrower shall not, nor shall it will not permit any of its Restricted Subsidiaries to, directly or indirectly, to create, incur, assume assume, guaranty or otherwise become be or remain liable liable, contingently or otherwise, with respect to any Indebtedness, exceptIndebtedness other than:
Appears in 3 contracts
Samples: Credit Agreement (Federal Signal Corp /De/), Credit Agreement (Federal Signal Corp /De/), Credit Agreement (Federal Signal Corp /De/)
Indebtedness. The Borrower shall not, nor and shall it not permit any of its Restricted Subsidiaries to, directly or indirectlyincur, create, incurassume, assume or otherwise become or remain be liable in any manner with respect to, or permit to exist, any Indebtednessobligations or indebtedness, except:
Appears in 3 contracts
Samples: Loan and Security Agreement (Vector Group LTD), Loan and Security Agreement (Vector Group LTD), Loan and Security Agreement (Vector Group LTD)
Indebtedness. The Each Borrower shall not, nor and shall it permit any of cause its Restricted Subsidiaries toto not, directly or indirectly, create, incur, assume or guaranty or otherwise become or remain directly or indirectly liable with respect to any IndebtednessIndebtedness (including with respect to or under any Hedge Agreement), except:
Appears in 3 contracts
Samples: Credit Agreement (Hospitality Investors Trust, Inc.), Dip Credit Agreement (Hospitality Investors Trust, Inc.), Restructuring Support Agreement (Hospitality Investors Trust, Inc.)
Indebtedness. The Borrower shall not, nor and shall it permit any cause each of its Restricted Subsidiaries toto not, either directly or indirectly, create, incurassume, assume incur or otherwise have outstanding any Indebtedness (including purchase money indebtedness), or become liable, whether as endorser, guarantor, surety or remain liable with respect to otherwise, for any Indebtednessdebt or obligation of any other Person, except:
Appears in 3 contracts
Samples: Loan and Security Agreement (Arlington Hospitality Inc), Loan and Security Agreement (Arlington Hospitality Inc), Loan and Security Agreement (Arlington Hospitality Inc)
Indebtedness. The Neither Borrower shall not, nor shall it permit any of its Restricted respective Subsidiaries to, shall directly or indirectly, indirectly create, incur, assume or otherwise become or remain directly or indirectly liable with respect to any Indebtedness, except:
Appears in 3 contracts
Samples: Credit Agreement (Marsh Supermarkets Inc), Credit Agreement (Marsh Supermarkets Inc), Credit Agreement (Marsh Supermarkets Inc)
Indebtedness. The Borrower shall will not, nor shall it and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume assume, guaranty or otherwise become or remain liable with respect to any Indebtedness, exceptIndebtedness other than:
Appears in 2 contracts
Samples: Credit Agreement (Atlantic Tele Network Inc /De), Credit Agreement (Atlantic Tele Network Inc /De)
Indebtedness. The Borrower shall will not, nor shall it and will not permit any of its Restricted Subsidiaries to, directly or indirectlycontract, create, incur, assume assume, become liable for (contingently or otherwise become otherwise) or remain liable with respect suffer to exist any Indebtedness, except:
Appears in 2 contracts
Samples: Revolving Credit Agreement (Urohealth Systems Inc), Credit Agreement (Wells Aluminum Corp)
Indebtedness. The Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or guaranty, or otherwise become or remain directly or indirectly liable with respect to any Indebtedness, except:
Appears in 2 contracts
Samples: Credit Agreement (Waitr Holdings Inc.), Credit Agreement (Waitr Holdings Inc.)
Indebtedness. The No Borrower shall notshall, nor shall it permit any of its Restricted Subsidiaries to, directly or indirectly, indirectly create, incur, assume assume, extend the maturity of, or otherwise become directly or remain indirectly liable with respect to to, any IndebtednessIndebtedness other than, exceptwithout duplication:
Appears in 2 contracts
Samples: Senior Credit Agreement (Prospect Street Nyc Discovery Fund Lp), Senior Credit Agreement (Skyline Multimedia Entertainment Inc)
Indebtedness. The Borrower shall not, nor and shall it not permit any ------------ Subsidiary of its Restricted Subsidiaries the Borrower to, directly or indirectly, create, incurassume, assume incur or otherwise become or remain liable with obligated in respect of, or permit to be outstanding, or suffer to exist any Indebtedness, except:
Appears in 2 contracts
Samples: Credit Agreement (Compucom Systems Inc), Credit Agreement (Safeguard Scientifics Inc Et Al)
Indebtedness. The Borrower shall not, nor and shall it not ------------ permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume assume, guarantee, or otherwise become or remain liable with respect to any Indebtedness, except:
Appears in 2 contracts
Samples: Senior Secured Credit Agreement (Cb Commercial Real Estate Services Group Inc), Secured Credit Agreement (Cb Commercial Holdings Inc)
Indebtedness. The Borrower shall will not, nor shall it and will not permit or cause any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or otherwise permit to exist any Indebtedness, or agree, become or remain liable with respect (contingent or otherwise) to do any Indebtednessof the foregoing, exceptexcept for:
Appears in 2 contracts
Samples: Credit Agreement (Unum Group), Credit Agreement (Unum Group)
Indebtedness. The Borrower shall not, nor and shall it not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume assume, guarantee or otherwise become or remain liable with respect for or suffer to exist any Indebtedness, Indebtedness except:
Appears in 2 contracts
Samples: Loan and Security Agreement (Nimblegen Systems Inc), Loan and Security Agreement (Nimblegen Systems Inc)
Indebtedness. The Borrower shall not, nor and shall it not permit any ------------ of its Restricted Subsidiaries to, directly or indirectlycreate, createassume, incur, assume or otherwise become or remain liable with obligated in respect of, or permit to be outstanding, any IndebtednessIndebtedness or liability on account of deposits or advances for borrowed money or for the deferred purchase price of any property or services, except:: (a) the Obligations; (b) Trade or accounts payable and/or similar obligations, and accrued expenses, incurred in the ordinary course of business, other than
Appears in 2 contracts
Samples: Loan Agreement (Mayflower Corp PLC), Loan Agreement (Metrotrans Corp)
Indebtedness. The Borrower shall not, nor shall it will not and will not permit any of its Restricted Subsidiaries to, directly or indirectly, indirectly to create, incur, assume assume, or otherwise become or remain directly or indirectly liable with respect to any Indebtedness, Indebtedness (other than pursuant to a Contingent Obligation) except:
Appears in 2 contracts
Samples: Credit Agreement (Aki Holding Corp), Credit Agreement (Cherokee International Finance Inc)
Indebtedness. The Neither the Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, shall directly or indirectly, indirectly create, incur, assume or otherwise become or remain directly or indirectly liable with respect to any IndebtednessIndebtedness or Off Balance Sheet Liabilities, except:
Appears in 2 contracts
Samples: Credit Agreement (Gfsi Inc), Credit Agreement (Gfsi Inc)
Indebtedness. The Borrower shall will not, nor shall it and will not permit any of its Restricted Subsidiaries toSubsidiaries, directly or indirectly, to create, incur, assume assume, guaranty, or otherwise become or remain directly or indirectly liable with respect to any Indebtedness, except:
Appears in 2 contracts
Samples: Credit Agreement (O2wireless Solutions Inc), Credit Agreement (O2wireless Solutions Inc)
Indebtedness. The Neither Borrower shall notshall, nor shall it either Borrower permit any of its Restricted Subsidiaries to, directly or indirectly, indirectly create, incur, assume or otherwise become or remain directly or indirectly liable with respect to any Indebtedness, except:
Appears in 2 contracts
Samples: Credit Agreement (Freedom Chemical Co), Credit Agreement (Freedom Chemical Co)
Indebtedness. The Each Borrower shall not, nor and shall it not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or otherwise become liable for or remain liable with respect suffer to exist any Indebtedness, exceptother than:
Appears in 2 contracts
Samples: Credit Agreement (NRG Energy, Inc.), Credit Agreement (Shaw Group Inc)
Indebtedness. The Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or guaranty, or otherwise become or remain directly or indirectly liable with respect to any Indebtedness, exceptother than:
Appears in 2 contracts
Samples: Credit Agreement (Sun Communities Inc), Credit Agreement (Sun Communities Inc)
Indebtedness. The Borrower Borrowers shall not, nor and shall it not permit any of its their Restricted Subsidiaries to, directly or indirectly, create, incur, assume or guaranty, or otherwise become or remain directly or indirectly liable with respect to to, any Indebtedness, except:
Appears in 2 contracts
Samples: Farmland Industries Inc, Credit Agreement (Farmland Industries Inc)
Indebtedness. The Borrower shall will not, nor shall it and will not permit any of its the Restricted Subsidiaries to, directly or indirectlyincur, create, incur, assume or otherwise in any manner become or remain be liable with respect to any Indebtedness, exceptexcept that the foregoing restrictions shall not apply to:
Appears in 2 contracts
Samples: Credit Agreement (Kimbell Royalty Partners, LP), Credit Agreement (Kimbell Royalty Partners, LP)
Indebtedness. The No Borrower shall notshall, nor shall it permit any of its Restricted Subsidiaries to, incur, create, assume, become or be liable in any manner with respect to, or permit to exist, any Indebtedness, or guarantee, assume, endorse, or otherwise become responsible for (directly or indirectly), createthe Indebtedness, incurperformance, assume obligations or otherwise become or remain liable with respect to dividends of any Indebtednessother Person, except:
Appears in 2 contracts
Samples: Loan and Security Agreement (Kirklands Inc), Loan and Security Agreement (Kirklands Inc)
Indebtedness. The Neither the Borrower shall not, nor shall it permit any of its Restricted Subsidiaries toshall, directly or indirectly, create, incurincur or assume, assume or otherwise become or remain directly or indirectly liable with respect to to, any indebtedness (including any Indebtedness), exceptother than:
Appears in 2 contracts
Samples: Revolving Credit Agreement (Hagler Bailly Inc), Pledge Agreement (Hagler Bailly Inc)
Indebtedness. The Each Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or otherwise become or remain liable with respect to any Indebtedness, except:
Appears in 2 contracts
Samples: Intercreditor Agreement (Certara, Inc.), Credit Agreement (Certara, Inc.)
Indebtedness. The Borrower shall will not, nor shall it and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist or otherwise become or remain be liable with in respect to of any Indebtedness, except, without duplication:
Appears in 2 contracts
Samples: Credit Agreement (Advanstar Communications Inc), Credit Agreement (Advanstar Communications Inc)
