Payments, Prepayments and Amendments. (a) Make any payments of principal of, or interest or fees on, Subordinated Note A or Subordinated Note B; provided, however, that Borrower may -------- ------- make regularly scheduled interest payments on Subordinated Note A after June 30, 2001 if (i) no Event of Default has occurred and is continuing, and (ii) Borrower has demonstrated to the satisfaction of Agent that, after giving effect to such payment, Excess Availability is $10,000,000 or more; and provided, further, that Borrower may refinance and pay in full the -------- ------- Subordinated Note A with the proceeds of new subordinated debt provided by an Affiliate of Borrower on terms and conditions, and subject to a Subordination Agreement and other documents, in form and substance satisfactory to Agent.
Payments, Prepayments and Amendments. (a) Make any payments of principal of, or interest or fees on, Subordinated Note A-2, Subordinated Note B, Subordinated Note A-3 or Subordinated Note A-4; provided, however, that:
Payments, Prepayments and Amendments. Except in connection with (i) a refinancing permitted by Section 7.1(e) or (ii) a prepayment of Purchase Money Indebtedness in connection with the sale of the fixed assets acquired with the proceeds thereof, prepay, redeem, defease, purchase, or otherwise acquire any Indebtedness of any Loan Party, other than the Obligations in accordance with this Agreement. Except in connection with a refinancing permitted by Section 7.1(e), directly or indirectly, amend, modify, alter, increase, or change any of the terms or conditions of any agreement, instrument, document, indenture, or other writing evidencing or concerning Indebtedness permitted under Sections 7.1(b), (c) or (d).
Payments, Prepayments and Amendments. Section 7.8(a) of the Loan Agreement is hereby amended by deleting clause (F) of the proviso therein and substituting in lieu thereof the following:
Payments, Prepayments and Amendments. (a) Except in connection with (i) a refinancing permitted by Section 7.1(e) or (ii) a prepayment of Purchase Money Indebtedness in connection with sale of the fixed assets acquired with the proceeds thereof, prepay, redeem, defease, purchase, or otherwise acquire any Indebtedness of any Loan Party, other than the Obligations in accordance with this Agreement; provided, however, that notwithstanding the provisions of this clause (a), Parent shall be permitted to repurchase its Parent Notes in accordance with the terms of this Agreement.
Payments, Prepayments and Amendments. (a) Make any payment on account of the Junior Secured Notes, the First Unsecured Creditors Promissory Note or the Second Unsecured Creditors Promissory Note, except (x) Borrower may make regularly scheduled payments of interest and principal pursuant to the terms of Junior Secured Notes, the First Unsecured Creditors Promissory Note and the Second Unsecured Creditors Promissory Note in effect as of the date hereof, provided, that (i) there does not exist an Event of Default and there would not exist an Event of Default after giving effect to any such payment and (ii) the Borrower has certified to Agent that it, at all times tested, maintained Excess Availability for the 30 days prior to the date of such payment and, on a pro forma basis, will maintain Excess Availability for the 60 days after the date of such payment of at least $1,500,000, after giving effect to such payment, and (ii) Borrower is Solvent, and (y) Borrower may make prepayments on such Indebtedness as permitted by Section 7.8(c), provided, that (i) Borrower shall not make any prepayments on such Indebtedness other than Indebtedness in respect of the First Unsecured Creditors Note Put Right prior to July 31, 2004.
Payments, Prepayments and Amendments. (a) Make any principal or interest payment on Indebtedness to RDM or any Subsidiary of RDM which is not (i) a Borrower hereunder or (ii) the Canadian Subsidiary;
Payments, Prepayments and Amendments. (a) Except in connection with a refinancing permitted by Section 7.1(d), or prior to a Default, Unmatured Default or Event of Default has occurred and is continuing, with respect to Indebtedness permitted by Section 7.1(g) or with respect to scheduled payments of principal and interest on any other Indebtedness permitted hereunder; prepay, redeem, defease, purchase or otherwise acquire any Indebtedness of Borrower or any of its Subsidiaries, other than the Obligations in accordance with this Agreement.
Payments, Prepayments and Amendments. (a) Prepay, redeem, defease, purchase or otherwise acquire or retire (collectively, "retirements") any Indebtedness of Borrower and its Subsidiaries subordinated to the Obligations, including, without limitation, the Indebtedness evidenced by the New Notes, other than the Obligations in accordance with this Agreement, except, if no Default or Event of Default has occurred and is continuing, (i) any retirement in connection with a refinancing permitted by Section 7.1(d), (ii) retirements of any Indebtedness of Borrower and its Subsidiaries subordinated to the Obligations made with the net proceeds received by Borrower from the issuance of Qualified Junior Capital, subject to the additional conditions, if applicable, set forth in Section 7.1(d), and (iii) retirements of New Notes with the consent of the Required Non-Revolver A Lenders which consent shall not be unreasonably withheld; provided, however, that, (x) if any Revolver A Commitment remains outstanding, the New Notes may not be so retired pursuant to clause (iii) of this Section 7.8(a) unless the Borrowing Base equals or exceeds 175% of the then outstanding Revolver A Commitment and (y) such transaction shall be subject to the additional conditions, if applicable, set forth in Section 7.1(d).
Payments, Prepayments and Amendments. (a) Except in connection with a refinancing permitted by SECTION 7.1(d), prepay, redeem, defease, purchase, or otherwise acquire any Indebtedness of Borrower and its Subsidiaries, including, without limitation, the Indebtedness evidenced by the New Notes, other than the Obligations in accordance with this Agreement, and
