Purchase Money Indebtedness Clause Samples
The Purchase Money Indebtedness clause defines debt that is specifically incurred to finance the acquisition of particular assets, such as equipment, inventory, or property. Typically, this clause outlines the terms under which such debt is permitted, often restricting it to the amount necessary to purchase the asset and sometimes requiring that the asset itself serves as collateral. Its core function is to allow a party to take on certain types of secured debt for acquiring essential assets, while ensuring that such borrowing is clearly distinguished from other forms of indebtedness and does not violate broader debt covenants in the agreement.
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Purchase Money Indebtedness. If requested by a lender of Purchase Money Indebtedness in connection with an extension of credit to Borrower or any Subsidiary which is otherwise permitted by this Agreement, any Lien or security interest of Agent for the benefit of the Lenders in or upon the asset(s) being acquired by Borrower or any Subsidiary and financed by such lender of Purchase Money Indebtedness may be released or expressly subordinated to the Lien or security interest therein of such lender of Purchase Money Indebtedness on terms and conditions reasonably acceptable to Agent and such lender of Purchase Money Indebtedness, which terms may include an agreement by Agent not to foreclose upon the asset(s) being financed by the lender of Purchase Money Indebtedness without the prior written consent of such lender of Purchase Money Indebtedness, and the Lenders hereby severally authorize Agent to enter into such an agreement.
Purchase Money Indebtedness. Incurred to finance the acquisition by the Company or any Restricted Subsidiary of any fixed or capital assets in the ordinary course of business in an aggregate principal amount which, when taken together with all other Indebtedness Incurred pursuant to this clause (14) and then outstanding, does not exceed $10.0 million;
Purchase Money Indebtedness guaranties in favor of IBM Credit; and
Purchase Money Indebtedness. Indebtedness owed by the Company to any Restricted Subsidiary or Indebtedness owed by a Restricted Subsidiary to the Company or another Restricted Subsidiary; provided, however, that, upon either (a) the -------- ------- transfer or other disposition by such Restricted Subsidiary or the Company of any Indebtedness so permitted under this clause (4) to a Person other than the Company or another Restricted Subsidiary or (b) the issuance (other than of directors' qualifying shares), sale, transfer or other disposition of shares of Capital Stock or other ownership interests (including by consolidation or merger) of such Restricted Subsidiary to a Person other than the Company or another such Restricted Subsidiary, the exception provided by this clause (4) shall no longer be applicable to such Indebtedness and such Indebtedness shall be deemed to have been Incurred at the time of any such issuance, sale, transfer or other disposition, as the case may be;
Purchase Money Indebtedness all letters of credit, banker’s acceptances or similar credit transactions, including reimbursement obligations in respect thereof;
Purchase Money Indebtedness. Indebtedness of any Subsidiary (other than Purchase Money Indebtedness) for assets purchased for use in the Restaurant-Related Business of such Subsidiary, which shall be deemed a capital expenditure and shall be subject to the limitation of Section 7.8;
Purchase Money Indebtedness. Indebtedness (including Capital Lease Obligations) of the Group Companies incurred to finance the acquisition of equipment; provided that (A) such Indebtedness is incurred simultaneously with such acquisition or the completion of such construction or improvement and (B) the aggregate principal amount of Indebtedness permitted by this clause shall not exceed $500,000 at any time outstanding.
Purchase Money Indebtedness. (A) Incurred by the Loan Parties under the Loan Documents,
(B) Incurred by the Bank Borrower, Restricted Subsidiaries, Principal Subsidiaries, Vendor Financing Obligors and Designated Foreign Subsidiaries under Fiber Capital Lease Obligations not to exceed $250.0 million, excluding the MFN Fiber IRU Capital Lease Obligations and the ▇▇▇▇▇▇▇▇ Fiber IRU Capital Lease Obligations; provided that Indebtedness Incurred under this clause (v)(B), shall be on commercially reasonable terms and conditions,
(C) Incurred by the Bank Borrower, Restricted Subsidiaries, Principal Subsidiaries, Vendor Financing Obligors and Designated Foreign Subsidiaries in respect of Data Center Equipment Financings (or Incurred by the Parent or the Bank Borrower, in the form of a Guarantee) not to exceed $150.0 million; provided that any Guarantee of Indebtedness Incurred under this clause by the Bank Borrower shall be (1) substantially in the form of Exhibit F attached hereto or, otherwise (2) on terms and conditions reasonably acceptable to the Administrative Agent, such acceptance not to be unreasonably delayed,
(D) Incurred by the Bank Borrower, Restricted Subsidiaries, Principal Subsidiaries, Vendor Financing Obligors and Designated Foreign Subsidiaries in respect of Network Equipment Financings (or Incurred by the Parent or the Bank Borrower, in the form of a Guarantee) not to exceed $250.0 million; provided that any Guarantee of Indebtedness Incurred under this clause by the Bank Borrower shall be (1) substantially in the form of Exhibit F attached hereto or, otherwise (2) on terms and conditions reasonably acceptable to the Administrative Agent, such acceptance not to be unreasonably delayed, or
(E) Incurred by the Bank Borrower, Restricted Subsidiaries, Principal Subsidiaries, Vendor Financing Obligors and Designated Foreign Subsidiaries (or Incurred by the Parent or the Bank Borrower, in the form of a Guarantee) not to exceed $100.0 million at any time outstanding; provided that any Guarantee of Indebtedness Incurred under this clause by the Bank Borrower shall be (1) substantially in the form of Exhibit F attached hereto or, otherwise (2) on terms and conditions reasonably acceptable to the Administrative Agent, such acceptance not to be unreasonably delayed, provided, however, that Indebtedness under this clause (v), other than clauses (A) and (B) above, shall be on commercially reasonable terms and conditions and, to the extent that any such Incurrence shall be in a princip...
Purchase Money Indebtedness. The Corporation may incur Purchase Money Indebtedness if, immediately after entering into such Purchase Money Indebtedness, the aggregate principal amount due on all Purchase Money Indebtedness Outstanding under this Subsection (j), together with the Outstanding principal amount of any Indebtedness Outstanding under Subsections (k) and (m), will not be greater than 25% of the Revenues of the Corporation for the most recent fiscal year for which audited financial statements are available.
Purchase Money Indebtedness. Purchase money Indebtedness (excluding Capitalized Lease Obligations) of Parent and its Subsidiaries in an amount not to exceed $2,000,000 in the aggregate at any one time outstanding;