Limitation of Indebtedness. Create, incur, assume or suffer to exist any Indebtedness, except:
Limitation of Indebtedness. Create, incur, assume or suffer to exist any Indebtedness except:
Limitation of Indebtedness. Except with the prior written consent of the Agent and each Bank, no Borrower will, or will cause or permit any of its Subsidiaries at any time to, create, incur, assume or suffer to exist, or in any manner become or be liable directly or indirectly with respect to, any Indebtedness except: (i) the Obligations; (ii) Indebtedness for borrowed money existing on the date of this Agreement, listed and described, but only to the extent so listed and described, on Exhibit C attached hereto; (iii) Indebtedness for the purchase price of capital assets and capitalized leases incurred in the ordinary course of business, subject, however, to the limitations set forth in Section 5.7 hereof; (iv) Indebtedness for taxes, assessments or governmental charges to the extent that payment therefor shall at the time not be required to be made in accordance with Section 5.4 hereof; (v) Indebtedness on open account for the purchase price of services, materials and supplies incurred by a Borrower in the ordinary course of business (not as a result of borrowing), so long as all of such open account Indebtedness shall be promptly paid and discharged when due or in conformity with customary trade terms and practices, except for any such open account Indebtedness which is being contested in good faith by such Borrower, as to which adequate reserves required by GAAP have been established and are being maintained and as to which no encumbrance has been placed on any property of such Borrower; (vi) Indebtedness for borrowed money of any Borrower to another Borrower; provided that such Indebtedness for borrowed money is on normal and customary terms as to form, interest rate and covenants, and is unsecured by any liens, charges or encumbrances whatsoever; (vii) except as otherwise permitted in this Section 5.5, Indebtedness for borrowed money of Courier; provided that (a) all such Indebtedness for borrowed money is on normal and customary terms as to form, interest rate and covenants, (b) such Indebtedness for borrowed money is unsecured by any liens, charges or encumbrances whatsoever, and (c) on the date on which such Indebtedness for borrowed money is proposed to be incurred, (1) no event or condition which constitutes an Event of Default, or which, with notice or the passage of time, or both, would constitute an Event of Default, would occur by reason of the incurrence thereof, and (2) no breach of the covenants, agreements or obligations contained in Sections 5.24 through 5.26, incl...
Limitation of Indebtedness. The Company will not incur any indebtedness, other than trade debt incurred in the ordinary course of business, without the approval of Edge.
Limitation of Indebtedness. Borrower will not create, incur, assume or permit to exist, directly or indirectly, any additional indebtedness except: (a) indebtedness to Bank; (b) trade indebtedness (which shall not include any borrowing, trade acceptance or notes given in settlement of trade indebtedness) incurred in the ordinary course of business and not in dispute or more than thirty days past due; (c) existing indebtedness and existing obligations previously disclosed to Bank in writing; and (d) indebtedness which shall be consented to by Bank in writing in advance, in Bank’s sole but reasonable discretion, and if required by Bank, subordinated to the Obligations by a written agreement satisfactory to Bank in form and substance.
Limitation of Indebtedness. Incur, create, assume or permit to exist any Indebtedness except for (i) Indebtedness incurred under this Agreement and the other Loan Documents; (ii) current accounts payable or accrued, incurred by Borrower in the ordinary course of business which are not past due beyond their respective maturities; and (iii) capital leases and/or purchase money debt not to exceed $250,000.00 in the aggregate at any time outstanding subject to review and Budget and Business Plan revisions.
Limitation of Indebtedness. 31 SECTION 4.04. Limitation on Restricted Payments...................................... 34 SECTION 4.05. Limitation on Restrictions on Distributions from Restricted Subsidiaries.............................................. 37 SECTION 4.06. Limitation on Sales of Assets and Subsidiary Stock..................... 38 SECTION 4.07. Limitation on Transactions with Affiliates............................. 41 SECTION 4.08. Change of Control...................................................... 42 SECTION 4.09.
Limitation of Indebtedness. Except with the prior written consent of the Lender, no Borrower will create, incur, assume or suffer to exist, or in any manner become or be liable directly or indirectly with respect to, any Indebtedness except: (i) the Obligations; (ii) Indebtedness for borrowed money existing on the date of this Agreement and described on Exhibit B hereto or in the Initial Financial Statement; (iii) Indebtedness on open account for the purchase price of services, materials and supplies incurred by such Borrower in the ordinary course of business, or consisting of open account transactions between the Borrowers in the ordinary course of business, (in any such case not as a result of borrowing), so long as all of such open account Indebtedness shall be promptly paid and discharged when due or in conformity with customary trade terms and practices, except for any such open account Indebtedness which is being contested in good faith by such Borrower and as to which adequate reserves required by GAAP have been established and are being maintained; and (iv) Indebtedness in respect of capital leases and purchase money security interests of any Borrower representing obligations permitted to be incurred by the terms of this Agreement and (except in the case of any such liabilities assumed by a Borrower in connection with an acquisition permitted by Section 5.7(ii)) incurred in the ordinary course of business and consistent with past practices; provided, that the aggregate principal amount of Indebtedness permitted by this clause (iv) shall not exceed $10,000,000 at any one time outstanding.
Limitation of Indebtedness. None of the Borrowers will create, incur, assume or suffer to exist, or in any manner become or be liable directly or indirectly with respect to, any Indebtedness except: (i) the Obligations; (ii) Indebtedness existing on the date of this Agreement and set forth on Exhibit C hereto; (iii) Indebtedness for the purchase price of capital assets incurred in the ordinary course of business, to the extent such purchase is permitted by Section 5.10; (iv) Indebtedness for taxes, assessments or governmental charges to the extent that payment therefor shall at the time not be required to be made in accordance with Section 5.4; and (v) Indebtedness on open account for the purchase price of services, materials and supplies incurred by any of the Borrowers in the ordinary course of business (not as a result of borrowing), so long as all of such open account Indebtedness shall be promptly paid and discharged when due or in conformity with customary trade terms and practices, except for any such open account Indebtedness which is being contested in good faith by the Borrowers, as to which adequate reserves required by GAAP have been established and are being maintained and as to which no encumbrance has been placed on any property of any of the Borrowers.
Limitation of Indebtedness. The Borrower nor any other member of the Group undertakes not to create any other Indebtedness with any bank or other financial institution in the amount exceeding DM 10,000,000 without the prior written consent of the Facility Agent.
