Other Obligations and Liabilities. Borrower has no liabilities or other obligations that arose or accrued prior to the date hereof that, either individually or in the aggregate, could have a material adverse effect on Borrower, the Property and/or Borrower’s ability to pay the Debt. Borrower has no known contingent liabilities.
Other Obligations and Liabilities. No Borrower has any liabilities or other obligations that arose or accrued prior to the Closing Date that, either individually or in the aggregate, could have a material adverse effect on such Borrower, any Property and/or such Borrower’s ability to pay the Debt. Neither any Borrower nor Operating Lessee has any known contingent liabilities.
Other Obligations and Liabilities. Borrower has no liabilities or other obligations that arose or accrued prior to the date hereof that, either individually or in the aggregate, could have a Material Adverse Effect. Borrower has no known contingent liabilities (other than the ongoing litigation relating to 421-g Tax Benefits at the Property, which, if adversely decided, would not have a Material Adverse Effect).
Other Obligations and Liabilities. Neither Borrower nor Operating Lessee has any liabilities or other obligations, contingent or otherwise, that arose or accrued prior to the date hereof that, either individually or in the aggregate, are reasonably likely to have a material adverse effect on Borrower, Operating Lessee the Properties, Borrower’s ability to pay the Debt, and/or the business, operations or condition (financial or otherwise) of Borrower or Operating Lessee.
Other Obligations and Liabilities. None of Borrower, Leasehold Pledgor, any Individual Owner or any Operating Lessee has any liabilities or other obligations, contingent or otherwise, that arose or accrued prior to the date hereof that, either individually or in the aggregate, are reasonably likely to have a material adverse effect on Borrower, Leasehold Pledgor, any Individual Owner, any operating Lessee, any Individual Property, the Collateral and/or Borrower’s ability to pay the Debt, and/or the business, operations or condition (financial or otherwise) of Borrower or Leasehold Pledgor.
Other Obligations and Liabilities. Neither Borrower nor Owner has any liabilities or other obligations that arose or accrued prior to the date hereof that, either individually or in the aggregate, are reasonably likely to have a material adverse effect on Borrower, Owner, the Collateral, the Property and/or Borrower’s ability to pay the Debt.
Other Obligations and Liabilities. Borrower has no liabilities or other obligations that arose or accrued prior to the date hereof that, either individually or in the aggregate, could have a Material Adverse Effect that has not been disclosed to Lender in writing prior to the Closing Date. Borrower has no known contingent liabilities.
Other Obligations and Liabilities. If the leasing of the Haewene Brim Equipment or, as the case may be, the right of PPC to take the Haewene Brim Equipment on lease, is terminated (otherwise than following a Total Loss, in which case clause 10.1 (Total Loss) shall apply), the obligation of PPC to pay Rent which would otherwise have fallen due on any Rent Payment Dates which fall on or after the Termination Payment Date shall cease but without prejudice to the obligations of PPC to make payment of any other moneys then due and unpaid, or which may become due or be ascertained thereafter (including under the Financial Schedule and whether by way of additional Rent or otherwise), or to perform any of its other obligations, under any other provisions of this Agreement or the other Transaction Documents.
Other Obligations and Liabilities. The Borrower has no material liabilities or other material obligations that arose or accrued prior to the Closing Date (other than (i) the obligations under the Loan Documents, (ii) Master Intercompany Purchase Note, (iii) the Assumed Payables (as defined in the Purchase Agreement) and (iv) statutory and other non-voluntary liabilities that would not reasonably be expected to have a Material Adverse Effect). The Borrower has no known material contingent liabilities (other than contingent obligations provided for hereunder). The Parent has no material liabilities or other material obligations that arose or accrued prior to the Closing Date and has no known material contingent liabilities (other than contingent obligations provided for hereunder).
Other Obligations and Liabilities. Except as identified on Schedule 4.2.23 attached hereto, and except with respect to any pending litigation identified on Schedule 3.1.4, no Borrower Entity has any liabilities or other obligations that arose or accrued prior to the date hereof that, either individually or in the aggregate, might have a Material Adverse Effect on any Borrower Entity, the Collateral, the Real Property and/or Borrower’s ability to pay the Debt. No Borrower Entity has any known contingent liabilities, except as set forth on Schedule 4.2.23 and with respect to any pending litigation identified on Schedule 3.1.4. Other than the Loan, the Borrower Entities, in the aggregate, do not have any Indebtedness in an amount greater than $20,000,000 in the aggregate, subject to the Borrower’s right, at the Borrower’s discretion but subject to terms and conditions reasonably satisfactory to Lender, to increase the current outstanding senior loan to up to $21,500,000 (the “Additional Indebtedness”). So long as the Obligations remain outstanding, and except as otherwise set forth in Section 4.2.30 of this Agreement, none of the Borrower Entities, taken as a whole, shall incur any additional Indebtedness other than (i) the Loan, (ii) the Additional Indebtedness (iii) Indebtedness up to $10,000,000 arising from the Rights Offering, and (iv) Indebtedness arising from the honoring by a bank or other financial institution of a check, draft or similar instrument inadvertently (except in the case of daylight drafts) drawn against insufficient funds in the ordinary course of business; provided, that, such Indebtedness as described in this subsection (iv) is extinguished within five (5) calendar day of incurrence thereof.
