Limitations on Debt Sample Clauses
POPULAR SAMPLE Copied 1 times
Limitations on Debt. None of the Loan Parties shall create, assume, guarantee or otherwise incur, or suffer to be incurred or permit to exist or in any manner be or become liable in respect of any Debt, except:
(a) Debt incurred under this Agreement;
(i) Debt evidenced by the Subordinated Notes or Subordinated Guaranties outstanding on the Effective Date and listed on Schedule 5.15 or (ii) other Subordinated Debt (A) that (x) has a final scheduled maturity date no earlier than the date that is six (6) months following the Maturity Date, and (y) has no scheduled payments of principal prior to its scheduled maturity date, (B) evidenced by a Subordinated Note or Subordinated Guaranty incurred in connection with the Acquisition permitted by Section 7.04(c) in an aggregate principal amount not to exceed $1,000,000, the proceeds of which are used to finance, in whole or in part, the purchase price of such Acquisition or (C) is owing to ▇▇▇▇▇▇▇ ▇▇▇▇▇ or any trusts of which, he, his wife, his children or his grandchildren are the sole beneficiaries and for which one or more of such individuals are the trustee(s);
(c) purchase money Debt or Capital Leases of the Borrowers incurred to finance Capital Expenditures permitted by this Agreement in an aggregate outstanding amount (including the outstanding principal amount of such Debt and outstanding Attributable Indebtedness in respect of such Capital Leases) not to exceed $10,000,000 at any time;
(d) Debt incurred to finance Acquisitions permitted by Section 7.04(c) in an aggregate outstanding amount (including the outstanding principal amount of any Debt assumed as part of any such Acquisition) not to exceed $10,000,000 at any time;
(e) Debt existing as of the Effective Date as listed on Schedule 5.15;
(f) Guarantees of any Borrower or any Guarantor in respect of Indebtedness otherwise permitted hereunder of any Borrower or any other Subsidiary Guarantor;
(g) obligations (contingent or otherwise) of any Borrower or any Subsidiary existing or arising under any Swap Contract, provided that (i) such obligations are (or were) entered into by such Person in the ordinary course of business for the purpose of directly mitigating risks associated with liabilities, commitments, investments, assets, or property held or reasonably anticipated by such Person, or changes in the value of securities issued by such Person, and not for purposes of speculation or taking a “market view;” and (ii) such Swap Contract does not contain any provision exoneratin...
Limitations on Debt. 59 11.8 Liens.............................................................................................60 11.9
Limitations on Debt. 39 SECTION 9.2 Limitations on Contingent Obligations.....................................................40 SECTION 9.3 Negative Pledge; Limitation on Lien.......................................................40 SECTION 9.4 Limitations on Loans, Advances, Investments and Acquisitions..............................40 SECTION 9.5 Limitations on Mergers and Liquidation....................................................42 SECTION 9.6 Limitations on Sale of Assets.............................................................42 SECTION 9.7 Limitations on Distributions..............................................................42 SECTION 9.8 Transactions with Affiliates..............................................................43 SECTION 9.9
Limitations on Debt. Not, and not permit any Subsidiary to, create, incur, assume or suffer to exist any Debt, except:
(a) obligations under this Agreement and the other Loan Documents;
(b) unsecured seller Debt which represents all or part of the purchase price payable in connection with a transaction permitted by Section 10.10(c); provided that (i) the aggregate outstanding principal amount of all such Debt shall not at any time exceed $15,000,000 and (ii) all such Debt shall have terms that are reasonably acceptable to the Administrative Agent;
(c) Debt secured by Liens permitted by Section 10.8(d); provided that the aggregate amount of all such Debt at any time outstanding shall not exceed $2,000,000;
(d) Debt of Subsidiaries owed to the Parent or any other Subsidiary;
(e) Hedging Obligations of the Company or any Subsidiary incurred in the ordinary course of business for bona fide hedging purposes and not for speculation;
(f) unsecured Debt of the Company to Subsidiaries;
(g) Subordinated Debt;
(h) Debt existing on the date hereof and listed on Schedule 10.7(h), and refinancings, amendments, restatements, supplements, refundings, renewals or extensions of any such Debt so long as the principal amount of such Debt (as so refinanced or otherwise modified) is not increased and the terms applicable to such Debt (as so refinanced or otherwise modified) are no less favorable to the Company or the applicable Subsidiary in any material respect than the terms in effect immediately prior to such refinancing or other modification (except that interest and fees payable with respect to such Debt (as so refinanced or modified) may be at the then-prevailing market rates);
(i) Debt from the Parent owing to the Company solely to the extent that the proceeds of such Debt are used by the Parent to pay its taxes and reasonable accounting, legal and corporate overhead expenses, in each case as they become due;
(j) subject to the limitations set forth in Section 10.8(k), Debt arising under Capital Leases;
(k) Suretyship Liabilities permitted by Section 10.19; and
(l) other Debt in an aggregate principal amount not to exceed $25,000,000 at any time.
Limitations on Debt. Create, incur, assume or suffer to exist any Debt except:
(a) the Obligations (excluding any Hedging Obligations);
Limitations on Debt. 75 SECTION 11.2 Limitations on Liens.......................................................... 76 SECTION 11.3 Limitations on Loans, Advances, Investments and Acquisitions.................. 77 SECTION 11.4 Limitations on Mergers and Liquidation........................................ 79 SECTION 11.5 Limitations on Sale of Assets................................................. 80 SECTION 11.6 Limitations on Dividends and Distributions.................................... 81 SECTION 11.7 Limitations on Exchange and Issuance of Capital Stock......................... 81 SECTION 11.8 Transactions with Affiliates.................................................. 81 SECTION 11.9 Certain Accounting Changes; Organizational Documents.......................... 81 SECTION 11.10 Amendments; Payments and Prepayments of Subordinated Debt..................... 81 SECTION 11.11 Amendments, Consents and Waivers under Asset Purchase Agreement............... 82 SECTION 11.12
Limitations on Debt. 65 SECTION 11.2 Limitations on Liens............................................66 SECTION 11.3 Limitations on Loans, Advances, Investments and Acquisitions....67 SECTION 11.4
Limitations on Debt. Create, incur, assume or suffer to exist any Debt except:
(a) the Obligations;
(b) Debt incurred in connection with a Hedging Agreement entered into in the ordinary course of business for protective and not speculative purposes;
(c) Subordinated Debt to Insignia not to exceed $100,000,000 at any one time outstanding;
(d) existing Debt set forth on Schedule 5.1(q) and the renewal and refinancing (but not the increase) thereof;
(e) Debt consisting of Contingent Obligations permitted by Section 9.2;
(f) Debt incurred by a Special Purpose Subsidiary to the extent permitted under Section 9.4(e);
(g) Debt incurred for all or a portion of the deferred purchase price of property to the extent IPT or the Borrower, as applicable, would have been permitted under this Agreement to purchase such property for cash; and
(h) other Debt of the Borrower not to exceed an aggregate of $5,000,000 at any time outstanding.
Limitations on Debt. 50 10.8 Liens.........................................................................................51 10.9 Operating Leases..............................................................................52 10.10
Limitations on Debt. 47 SECTION 9.2