Other Debt Instruments Sample Clauses

Other Debt Instruments. The material debt instruments and governing documents of the Borrower after the HD Supply Acquisition shall be reasonably acceptable to the Administrative Agent.
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Other Debt Instruments. 64 SECTION 5.28. Hedging Requirements......................................... 64 SECTION 5.29. Restriction on Intercompany Debt; Subordination.............................................. 64 SECTION 5.30. Affiliate Transactions....................................... 64 SECTION 5.31. Contracts.................................................... 65
Sample 1
Other Debt Instruments. The Administrative Agent shall ---------------------- have received copies of all agreements and instruments evidencing Indebtedness of the Parent and its Subsidiaries (other than the Credit Parties) and any Liens granted to secure such Indebtedness, (i) which agreements and instruments shall not contain any cross-default (other than direct or indirect cross-defaults related to the bankruptcy of a Credit Party, any material litigation or judgment affecting a Credit Party, the failure of a Credit Party to file a material tax return and the occurrence of a material adverse effect with respect to the Parent and its Subsidiaries take as a whole) or cross-acceleration to the Credit Documents, (ii) which Indebtedness shall be (A) on terms acceptable to the Administrative Agent and (B) non-recourse to the Credit Parties and (iii) which Liens shall not include Liens on any Capital Stock of the Borrower and its Subsidiaries or any assets of the Credit Parties.
Sample 1
Other Debt Instruments. The Borrower will not, and ---------------------- will not permit any Subsidiary to enter into any agreement containing any provision (a) which would be violated or breached by any Borrowings hereunder or by the performance by the Borrower of its obligations hereunder or under any other Loan Document, or (b) which is materially more restrictive upon the Borrower than the terms and conditions of this Agreement. The Borrower will not, and will not permit any of its Subsidiaries to, enter into any agreement (other than this Agreement and the other Loan Documents) prohibiting the creation or assumption of any Lien upon its properties (other than with respect to any mortgage on a particular property), revenues or assets, whether now owned or hereafter acquired, or restricting the ability of the Borrower to amend or modify this Agreement or any other Loan Document.
Sample 1
Other Debt Instruments. The Borrower will not, and will not permit any Subsidiary to enter into any agreement containing any provision (a) which would be violated or breached by any Borrowings hereunder or by the performance by the Borrower of its obligations hereunder or under any other Loan Document, or (b) which is materially more restrictive upon the Borrower than the terms and conditions of this Agreement. The Borrower will not, and will not permit any of its Subsidiaries to, enter into any agreement (other than this Agreement and the other Loan Docu- ments) prohibiting the creation or assumption of any Lien upon its properties (other than with respect to any mortgage on a particular property), revenues or assets, whether now owned or hereafter acquired, or restricting the ability of the Borrower to amend or modify this Agreement or any other Loan Document. From and after the date hereof, neither the Borrower nor any of its Subsidiaries shall enter into any agreements with the holder of any Debt of the Borrower or such Subsidiaries whereby the stated maturity date thereof is scheduled for any date prior to the first anniversary of the Revolver Termination Date, as the same may be extended in accordance with the provisions hereof, except in connection with the assumption of up to $50,000,000 of Debt in connection with New Acquisitions.
Sample 1
Other Debt Instruments. In the case of any debt instrument not de- scribed in subparagraph (A) or (B), the term ‘‘date of original issue’’ means the date on which the debt instrument was issued in a sale or exchange.
Sample 1
Other Debt Instruments. No Borrower now has or will permit to exist any unsecured debt or other debt which is junior to the Loan to have a maturity date prior to or fewer than thirty (30) days following the Maturity Date.
Sample 1
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Related to Other Debt Instruments

  • Debt Instruments Attached hereto as Schedule 8 is a true and correct list of all promissory notes and other evidence of indebtedness held by Holdings, the Borrower and each Subsidiary that are required to be pledged under the Guarantee and Collateral Agreement, including all applicable intercompany notes between Holdings and each Subsidiary of Holdings and each Subsidiary of Holdings and each other such Subsidiary.

  • Contracts; Debt Instruments 32 4.12. Litigation........................................................... 32 4.13.

  • Defaults in Other Agreements or Indebtedness A default or event of default shall occur at any time under the terms of any other agreement involving borrowed money or the extension of credit or any other Indebtedness under which any Loan Party or Subsidiary of any Loan Party may be obligated as a borrower or guarantor in excess of $1,000,000 in the aggregate, and such breach, default or event of default consists of the failure to pay (beyond any period of grace permitted with respect thereto, whether waived or not) any indebtedness when due (whether at stated maturity, by acceleration or otherwise) or if such breach or default permits or causes the acceleration of any indebtedness (whether or not such right shall have been waived) or the termination of any commitment to lend;

  • Intercompany Indebtedness The Company shall not create, incur, assume or otherwise become or remain directly or indirectly liable with respect to any Indebtedness arising from loans from any Subsidiary to the Company unless (a) such Indebtedness is unsecured and (b) such Indebtedness shall be expressly subordinate to the payment in full in cash of the Obligations on terms satisfactory to the Administrative Agent.

  • Limited Obligations It is the desire and intent of each Pledgor and the Secured Creditors that this Agreement shall be enforced against each Pledgor to the fullest extent permissible under the laws applied in each jurisdiction in which enforcement is sought. Notwithstanding anything to the contrary contained herein, in furtherance of the foregoing, it is noted that the obligations of each Pledgor constituting a Subsidiary Guarantor have been limited as provided in the Subsidiaries Guaranty.

  • Senior Loan Documents The executed Senior Loan Documents are the same forms as approved by HUD prior to the date of this Agreement. Upon execution and delivery of the Senior Loan Documents, Borrower shall deliver to Subordinate Lender an executed copy of each of the Senior Loan Documents, certified to be true, correct and complete.

  • Agreement Not in Breach of Other Instruments The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby and the fulfillment of the terms hereof will not result in a breach of any of the terms or provisions of, or constitute a default under, or conflict with, any agreement or other instrument to which the Buyer is a party or by which it is bound, the Certificate of Formation and the Partnership Agreement, any judgment, decree, order or award of any court, governmental body or arbitrator by which the Buyer is bound, or any law, rule or regulation applicable to the Buyer which would have a material effect on the transactions contemplated hereby.

  • Guaranties, Collateral Documents and Other Loan Documents At any time after the execution and delivery thereof (i) any material Loan Guaranty for any reason ceasing to be in full force and effect (other than in accordance with its terms or as a result of the occurrence of the Termination Date) or being declared, by a court of competent jurisdiction, to be null and void or the repudiation in writing by any Loan Party of its obligations thereunder (other than as a result of the discharge of such Loan Party in accordance with the terms thereof and other than solely as a result of acts or omissions by the Administrative Agent or any Lender), (ii) this Agreement or any material Collateral Document ceasing to be in full force and effect (other than solely by reason of (x) the failure of the Administrative Agent to maintain possession of any Collateral actually delivered to it or the failure of the Administrative Agent to file UCC (or equivalent) continuation statements, (y) a release of Collateral in accordance with the terms hereof or thereof or (z) the occurrence of the Termination Date or any other termination of such Collateral Document in accordance with the terms thereof) or being declared null and void or (iii) the contesting by any Loan Party of the validity or enforceability of any material provision of any Loan Document (or any Lien purported to be created by the Collateral Documents or Loan Guaranty) in writing or denial by any Loan Party in writing that it has any further liability (other than by reason of the occurrence of the Termination Date), including with respect to future advances by the Lenders, under any Loan Document to which it is a party; it being understood and agreed that the failure of the Administrative Agent to maintain possession of any Collateral actually delivered to it or file any UCC (or equivalent) continuation statement shall not result in an Event of Default under this clause (k) or any other provision of any Loan Document; or

  • Delivery of Instruments Xxxxxx Xxx shall furnish to each Holder, upon request, copies of this Trust Agreement, without attachments, applicable to the Certificate(s) held by such Holder.

  • Other Instruments The parties hereto covenant and agree that they will execute each such other and further instruments and documents as are or may become reasonably necessary or convenient to effectuate and carry out the purposes of this Agreement.

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