New Indebtedness. Upon any member of the Borrower Group raising any Indebtedness from time to time which is not Permitted Indebtedness ("NEW INDEBTEDNESS PROCEEDS"), the Borrower shall or shall procure that simultaneously therewith an amount equal to the amount of such New Indebtedness Proceeds is immediately paid into the Prepayment Escrow Account for the purpose of making a Mandatory Prepayment in accordance with Clause 7.5B. Nothing in this Clause 7.5A (Mandatory Prepayment) shall be deemed to limit any obligation of any member of the Borrower Group or the AssetCo Group (as the case may be) pursuant to the other provisions of this Clause 7.5 or any of the other Finance Documents to remit any of the Insurance Proceeds, the Requisition Proceeds, the IPO Net Proceeds, the New Indebtedness Proceeds or the Disposition Proceeds to the Prepayment Escrow Account maintained by the Borrower with the Facility Agent pursuant to any of the Finance Documents.
New Indebtedness. The Company shall be entitled to incur additional indebtedness to the extent necessary to make the cash distributions contemplated by Section 5.6 or pay the bonuses contemplated by Section 5.9.
New Indebtedness. Borrower shall not incur any New Indebtedness without Lender’s prior express written consent. “New Indebtedness” includes any actual or contingent liability arising after the date of this agreement from (1) an extension of credit, (2) a guaranty by any of the Obligors of another’s indebtedness or obligations, or (3) any other consensual transaction which creates in any of the Obligors a direct or indirect obligation of future payment; New Indebtedness does not include, however, (i) indebtedness incurred in financing a Renovation Project, as defined below, provided that such financing is permissible under Section 13B, (ii) indebtedness to vendors incurred in the ordinary course of business to the extent that (a) the invoice is payable within ninety (90) days after the delivery of the goods or services, and (b) payment is not more than thirty (30) days overdue, (iii) indebtedness owed to Lender, and (iv) guarantees of others’ indebtedness to Lender.
New Indebtedness. Anything in this Indenture to the contrary notwithstanding, (i) the Company and/or its Subsidiaries may incur the New Indebtedness at any time prior to the termination or withdrawal of the Tender Offer, (ii) neither the New Indebtedness nor any guarantee thereof need be subordinate to the Securities or any Guarantee even if the New Indebtedness and/or any guarantee thereof is subordinated to any other Indebtedness of the Company or any Guarantor, and (iii) any Liens on the Escrow Account or the securities or funds therein securing the New Indebtedness shall be deemed to be Permitted Liens. The Company covenants and agrees that, in the event that the Tender Offer is terminated or withdrawn prior to acceptance for payment of Securities, the tender of which represents the Requisite Consents, the New Indebtedness will be redeemed or repaid no later than 45 days after such termination or withdrawal at a redemption or repayment price not in excess of 101% of the principal amount thereof plus accrued and unpaid interest thereon to the date of redemption or repayment.
New Indebtedness. Any Obligor shall: (i) become a borrower or guarantor with respect to any indebtedness owed to any person or entity other than Holders prior to the Forbearance Expiration Date that has the potential to result in additional liens or encumbrances against the Pledged Collateral without Holder’s consent, or (ii) pledge any of its assets to any person or entity other than Holders that will impair or prevent Obligors from fully and timely satisfying its obligations under this Agreement or the Transaction Documents; or
New Indebtedness. Parent shall not, and shall cause each Subsidiary of Parent not to, create, incur, assume or permit to exist or incur any Indebtedness except: (a) the Obligations; (b) Deferred Taxes; (c) Capital Lease Obligations and Indebtedness secured by purchase money Liens on Equipment permitted under clause (v) of the definition of "Permitted Encumbrances" in a maximum aggregate amount outstanding not to exceed $150,000 outstanding at any time; (d) Indebtedness existing on the Closing Date and set forth in SCHEDULE 7.7 and Indebtedness permitted under Section 7.8 below; (e) unsecured current obligations for trade debt incurred in the ordinary course of Parent's and such Subsidiary's business, and obligations of the Parent and its Subsidiaries for the payment of rental for any property (real, personal or mixed, tangible or intangible) under leases, subleases or similar arrangements (other than Capital Leases) incurred in the ordinary course of Parent's business; and (f) from and after the Sixth Amendment Date, unsecured Subordinated Indebtedness in an aggregate principal amount not to exceed $2,000,000, issued by Parent to the Subordinated Lenders pursuant to the terms and conditions of the Subordinated Notes."
New Indebtedness. (i) The New Lenders and the Borrower shall have duly executed and delivered the documents relating to the New Indebtedness, in a form and substance reasonably satisfactory to the Administrative Agent, and (ii) the Borrower shall have received not less than $15 million of the New Indebtedness and such funds shall have been (x) applied to the payment of interest under the Borrower's Senior Subordinated Notes; (y) used for general corporate purposes; and/or (z) prepayment of the Revolving Credit Loans pursuant to subsection 4.4(a) of the Credit Agreement; provided that no such prepayments of the Revolving Credit Loans shall reduce the Revolving Credit Commitments unless requested by the Borrower;
New Indebtedness. (i) The New Lenders and the Borrower shall have duly executed and delivered the amendment documents relating to the New Indebtedness, in form and substance satisfactory to the Lenders, and (ii) the Borrower shall have received not less than $10 million pursuant to such amendments of the New Indebtedness, which funds may be used for general corporate purposes and to pay expenses related to this Amendment and the Telex Exchange.
New Indebtedness. The Holders hereby agree that the Company may issue new debt of up to $1,100,000 principal amount, in the aggregate, which shall bear interest at the rate of 11% per annum and mature no later than January 1, 2010 (the “New Debt” and such waiver, the “Waiver”). The New Debt may be secured solely by the assets of Interim Healthcare of Wyoming, Inc., a Wyoming corporation (the “Guarantor”) as set defined in Schedule 1 attached hereto and no other liens may be incurred by the Company or any other Subsidiary (except the Guarantor) in connection therewith.
New Indebtedness. Parent shall not, and shall cause each Subsidiary of Parent not to, create, incur, assume or permit to exist or incur any Indebtedness except: (a) the Obligations; (b) Deferred Taxes; (c) Capital Lease Obligations and Indebtedness secured by purchase money Liens on Equipment permitted under clause (v) of the definition of
