Repayment of Other Indebtedness. So long as the Notes remain outstanding, the Company shall not prepay any Indebtedness for borrowed money owed by the Company to any officer, director, affiliate or insider of the Company.
Repayment of Other Indebtedness. So long as the ---------------------------------- Debentures remain outstanding, the Company shall not use the proceeds from the sale of the Securities by the Company to repay any Indebtedness for borrowed money owed by the Company to any officer, director, affiliate or insider of the Company.
Repayment of Other Indebtedness. On or prior to the second Business Day prior to the Effective Time, the Company shall use its commercially reasonable efforts to deliver to Purchaser copies of payoff letters (subject to delivery of funds as arranged by Purchaser), in commercially reasonable form, with respect to all indebtedness for borrowed money (other than the Notes and indebtedness referred to in Section 4.06 and the indebtedness marked with an asterisk in Section 2.13 of the Company Disclosure Schedule) (the “Other Indebtedness”), and shall use its commercially reasonable efforts to make arrangements for the release of all Liens and other security over the Company’s and the Company Subsidiaries’ properties and assets securing such obligations (subject to delivery of funds as arranged by Purchaser).
Repayment of Other Indebtedness. Borrower will not repay the principal balance of, or pay any interest on, any debt unless the principal or interest payment is mandatory and due, until (i) the Loan is repaid in full or (ii) neither the SPV nor a Governmental Assignee holds an interest in the Loan in any capacity, provided that Borrower may, at the time of origination of the Loan, refinance existing debt owed by the Borrower to a lender that is not the Lender. With respect to debt that predates the Loan, principal and interest payments are “mandatory and due”: (i) on the future date upon which they were scheduled to be paid as of the date of origination of the Loan, or (ii) upon the occurrence of an event that automatically triggers mandatory prepayments under a contract for indebtedness that the Borrower executed prior to the date of origination of the Loan, except that any such prepayments triggered by the incurrence of new debt can only be paid (i) if such prepayments are de minimis, or (ii) under the Facility at the time of origination of the Loan. For the avoidance of doubt, Borrower may continue to pay, and Lender may request that Borrowers pay, interest or principal payments on outstanding debt on (or after) the payment due date, provided that the payment due date was scheduled prior to the date of origination of the Loan. Borrower may not pay, and Lender may not request that Borrower pay, interest or principal payments on such debt ahead of schedule during the life of the Loan, unless required by a mandatory prepayment clause as specifically permitted above. For future debt incurred by the Borrower in compliance with the terms and conditions of the Facility, principal and interest payments are “mandatory and due” on their scheduled dates or upon the occurrence of an event that automatically triggers mandatory prepayments. As to repayment of a loan owed to an owner or to an affiliate of the Borrower, such repayment shall be allowed provided that the loan is a bona fide loan and repayment is made when mandatory and due. A loan owed to an owner or to an affiliate of the Borrower shall be considered “bona fide” if (i) it is a written instrument with a stated interest rate, a stated maturity date, and terms that are at least as favorable to the Borrower as market terms for similar loans at the time of origination; (ii) such owner or affiliate of the Borrower has a reasonable expectation of repayment, including that payments on the loan are not deferred; (iii) the debt is enforceable und...
Repayment of Other Indebtedness. In the event that at the time of such Change of Control the terms of any Indebtedness restrict or prohibit the repayment of the Loans, then prior to the mailing of the notice to Lenders provided for in Section 6.06(c) but in any event within 30 days following any Change of Control, the Borrower shall either (i) repay in full all such Indebtedness or offer to repay in full all such Indebtedness and repay the Indebtedness of each lender who has accepted such offer or (ii) obtain the requisite consent under the agreements governing such Indebtedness to permit the repayment of the Loans as provided for in Section 6.06(c). The Borrower will first comply with the preceding sentence of this Section 6.06(b) before the Borrower will be required to make the Change of Control Offer or to repay the Loans pursuant to this Section 6.06; provided, that compliance with this clause (b) will not extend the time periods set forth in Section 6.06(c) for the Borrower to make an offer to repay the Loans in connection with a Change of Control.
Repayment of Other Indebtedness. Xxxxxxxx hereby agrees that it will not make any payment of principal in connection with the Senior Indebtedness, or permit any of its subsidiaries to make any such payment, except in accordance with Section F hereof. With respect to indebtedness other than the Senior Indebtedness, Xxxxxxxx hereby agrees that it will not repay any indebtedness, or permit any of its subsidiaries to make any such payment, incurred after the date hereof.
Repayment of Other Indebtedness. If there are any payments required to be made by the VIRL to the Regional District in addition to payments on the Loan, then the VIRL shall make such payments to the Regional District within (30) days of receipt of an invoice from the Regional District detailing such obligations of the VIRL.
Repayment of Other Indebtedness. 19 Section 3.15 Insiders Lock-Up............................................................. 19 Section 3.16 Non-Public Information....................................................... 20 Section 3.17 Form S-3 Eligibility......................................................... 20 Section 3.18
Repayment of Other Indebtedness. 20 Section 3.15 Non-public Information . . . . . . . . . . . . . . . 20 Section 3.16
Repayment of Other Indebtedness. The Company will promptly notify Buyer of any change in the ordinary course of repayment of Other Indebtedness. The Company shall deliver (i) at least three Business Days prior to the Closing Date, executed payoff letters from each lender, creditor, noteholder or other counterparty (each, a "lender") to whom an Other Indebtedness obligation, except for the Other Indebtedness obligations described on Schedule 6.4, is owing (whether or not due and payable) with respect to each item of such Other Indebtedness, together with any and all prepayment premiums, penalties, breakage costs, "make whole amounts," costs, expenses and other payment obligations relating to such items of such Other Indebtedness and owing (whether or not then due and payable) to such lender (collectively, the "Payoff Amount", in each case (A) that sets forth the amount to be paid on the Closing Date, together with wire transfer instructions, (B) evidencing that the payment of such amount shall result in a complete release of the Company and each of its Subsidiaries from all obligations and of all Encumbrances relating to such item of the Other Indebtedness and all related transaction expenses, and (C) authorizing the Company to file UCC-3 termination statements, mortgage releases and other Release Documents upon receipt by such lender of the applicable Payoff Amount and (ii) immediately prior to or concurrently with the Closing, UCC-3 termination statements, mortgage releases and other Release Documents (to be held by Buyer's counsel in escrow until the Closing or by lender's counsel and released concurrently with the Closing) that when filed or recorded, as the case may be, will be sufficient to release any and all Encumbrances relating to such Other Indebtedness and the Indenture Indebtedness and all related transaction expenses.
