Limitation on Contingent Obligations. Create, incur, assume or suffer to exist any Contingent Obligation except:
Limitation on Contingent Obligations. The Company will not, and will not permit any of its Recourse Subsidiaries to, agree to, or assume or incur, or otherwise in any way be or become responsible or liable, directly or indirectly, with respect to, any Contingent Obligation, except for:
Limitation on Contingent Obligations. 62 8.4 Prohibition of Fundamental Changes........................................................... 63 8.5 Prohibition on Sale of Assets................................................................ 63 8.6 Limitation on Investments, Loans and Advances................................................ 64 8.7 Capital Expenditures......................................................................... 66 8.8
Limitation on Contingent Obligations. The Borrower shall not create, incur, assume or suffer to exist any Guarantee.
Limitation on Contingent Obligations. Create, incur, assume or ------------------------------------ suffer to exist any Contingent Obligation except:
Limitation on Contingent Obligations. Agree to or assume, guarantee, indorse or otherwise in any way be or become responsible or liable for, directly or indirectly, any Contingent Obligation, including but not limited to Contingent Obligations incurred as a general partner in any limited partnership or general partnership, except:
Limitation on Contingent Obligations. Create, incur, as- sume or suffer to exist any Contingent Obligation, except: (a) the Guarantees; (b) other guarantees by Borrower or any Restricted Subsidiary incurred in the ordinary course of business for an aggregate amount at any time outstanding not to exceed $2,000,000; (c) guarantees by Borrower or any Subsidiary (i) of obligations of Domestic Restricted Subsidiaries or Borrower; and (ii) of obligations of Foreign Restricted Subsidiaries of Borrower in an aggregate principal amount not to exceed $2,000,000 (plus the sum of any amounts dividended or distrib- uted by such Foreign Subsidiaries to Borrower or any Qualified Subsidiary), minus the sum of (A) the amount outstanding pursu- ant to subsection 8.1(d)(iii) and (B) the amount of Investments made in Foreign Subsidiaries or non-Qualified Subsidiaries pur- suant to subsection 8.6(b)(iii); provided that, in each case, if the primary obligation being gxxxxx- xxxx is subordinated to the Loans, such guarantees are subordinated to the Guarantees on substantially the same basis as such primary ob- ligation is subordinated to the Loans; (d) Contingent Obligations existing on the Closing Date and described in Schedule 8.3(d) and Contingent Obligations relating to any Indebtedness permitted under subsection 8.1(a); (e) guarantees of obligations to third parties in connection with relocation of employees of Borrower or any of its Restricted Subsidiaries, in an amount which, together with all loans and ad- vances made pursuant to subsection 8.6(f), shall not exceed $5,000,000 at any time outstanding; (f) Contingent Obligations in connection with workers' compen- sation obligations, and in connection with performance, surety and appeal bonds, and similar obligations incurred in the ordinary course of business, of Borrower and its Restricted Subsidiaries; (g) endorsements for collection in the ordinary course of busi- ness; (h) Interest Rate Agreements permitted by subsection 8.8; (i) surety instruments entered into in the ordinary course of business; and (j) contingent obligations in respect of permitted Capital Lease Obligations. 8.4.
Limitation on Contingent Obligations. Create, incur, assume or suffer ------------------------------------ to exist any Contingent Obligation except guarantees made in the ordinary course of its business by the Borrower of obligations of any of its Subsidiaries or Affiliates, provided those obligations are otherwise permitted under this Agreement.
Limitation on Contingent Obligations. Assume, guarantee, indorse or otherwise in any way be or become responsible or liable for the obligations of any Person (all such transactions being herein called "guarantees"), whether by agreement to purchase or repurchase obligations, or by agreement to supply funds for the purpose of paying, or enabling such entity to pay, any obligations (whether through purchasing stock, making a loan, advance or capital contributions or by means or agreeing to maintain or cause such Person to maintain, a minimum working capital or net worth of any such Person, or otherwise) in an aggregate amount exceeding $1,000,000, provided, however, that the aggregate amount permitted under this Section 8.3 and Section 8.5(h) and (k) of this Agreement shall not exceed $2,000,000 with respect to any one Person and $2,500,000 in the aggregate at any time, except (a) guarantees by endorsement of instruments for deposit or collection in the ordinary course of business, and (b) guarantees in respect of indebtedness of Subsidiaries, provided that the indebtedness in respect of which such guarantees are given is permitted by subsection 8.1 hereof; and guarantees in favor of the Banks.
Limitation on Contingent Obligations. The Company will not, nor will it permit any Subsidiary to, create, incur, assume, guarantee, endorse or otherwise in any way be or become responsible or liable for, directly or indirectly, or suffer to exist Contingent Obligations in an aggregate amount for the Company and its Subsidiaries in excess of $200,000,000; provided, that such amount shall not include the F&H Guaranty or the reimbursement obligation of the Company in respect of a standby letter of credit issued by Chase for the benefit of General Electric Capital Corporation in an aggregate maximum face amount of up to $105,260,000; and provided, further, that as of any time of determination under this Section 8.8, if the aggregate amount of any then outstanding Contingent Obligations of the Company and/or any Subsidiary would be permitted under Section 8.3 hereof had the amount of such Contingent Obligations been incurred as Funded Debt, then for the purposes of this Section 8.8, only 50% of the amount of such Contingent Obligations shall be counted towards the $200,000,000 limitation.
