Common use of Scheduled Existing Indebtedness Clause in Contracts

Scheduled Existing Indebtedness. Schedule IV sets forth a true and complete list of all Indebtedness of the Borrower and its Subsidiaries as of the Effective Date and which is to remain outstanding after giving effect to the Transaction and the incurrence of Loans and Term Loans on such date (exclusive of (i) Indebtedness pursuant to this Agreement and the other Credit Documents, (ii) Indebtedness pursuant to the Term Credit Agreement and the other Term Credit Documents, (iii) Indebtedness pursuant to the Existing Senior Notes Documents, (iv) intercompany Indebtedness pursuant to the Intercompany Distribution Transactions, (v) Indebtedness of the Borrower and/or any of its Subsidiaries of the types described in clauses (viii), (xiii) and (xviii) of Section 10.04, (vi) Synthetic Lease obligations arising under the lease entered into in connection with the Sale-Leaseback Transaction, and (vii) immaterial Contingent Obligations of Subsidiaries of the Borrower that represent guaranties of obligations other than Indebtedness), in each case showing the aggregate principal amount thereof (and the aggregate amount of any undrawn commitments with respect thereto) and the name of the respective borrower and any other entity which directly or indirectly guarantees such debt. Part A of Schedule IV lists all Indebtedness as described in the immediately preceding sentence which is owed to Persons other than the Borrower or any of its Subsidiaries (after giving effect to the consummation of the Transaction) (with all such Indebtedness being herein called “Third Party Scheduled Existing Indebtedness”) and Part B of Schedule VI lists all Indebtedness as described in the immediately preceding sentence which is owed to the Borrower and its Subsidiaries as of February 25, 2006 (with all of such Indebtedness being herein called “Intercompany Scheduled Existing Indebtedness”).

Appears in 3 contracts

Samples: Intercreditor Agreement (Dole Food Co Inc), Credit Agreement (Dole Food Co Inc), Intercreditor Agreement (Dole Food Co Inc)

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Scheduled Existing Indebtedness. Schedule IV sets forth a true and complete list of all Indebtedness of the Borrower Holdings and its Subsidiaries as of the Restatement Effective Date and which is to remain outstanding after giving effect to the Transaction and the incurrence of Loans and Term ABL Loans on such date (exclusive of (i) Indebtedness pursuant to this Agreement and the other Credit Documents, (ii) Indebtedness pursuant to the Term ABL Credit Agreement and the other Term ABL Credit Documents, (iii) Indebtedness pursuant to the Existing Senior Notes Documents, (iv) intercompany Indebtedness pursuant to the Intercompany Distribution Transactions, (v) Indebtedness of the Borrower Holdings and/or any of its Subsidiaries of the types described in clauses (viii), (xiii) and (xviii) of Section 10.049.04(b), (vi) Synthetic Lease obligations arising under the lease entered into in connection with the Sale-Leaseback Transaction, and (vii) immaterial Contingent Obligations of Subsidiaries of the U.S. Borrower that represent guaranties of obligations other than Indebtedness), in each case showing the aggregate principal amount thereof (and the aggregate amount of any undrawn commitments with respect thereto) and the name of the respective borrower and any other entity which directly or indirectly guarantees such debt. Part A of Schedule IV lists all Indebtedness as described in the immediately preceding sentence which is owed to Persons other than the Borrower Holdings or any of its Subsidiaries (after giving effect to the consummation of the Transaction) (with all such Indebtedness being herein called “Third Party Scheduled Existing Indebtedness”) and Part B of Schedule VI IV lists all Indebtedness as described in the immediately preceding sentence which is owed to the Borrower Holdings and its Subsidiaries as of February 25, 2006 (with all of such Indebtedness being herein called “Intercompany Scheduled Existing Indebtedness”).

Appears in 3 contracts

Samples: Credit Agreement (Dole Food Co Inc), Credit Agreement (Dole Food Co Inc), Credit Agreement (Dole Food Co Inc)

Scheduled Existing Indebtedness. Schedule IV sets forth a true and complete list of all Indebtedness of the Borrower Holdings and its Subsidiaries as of the Effective Date and which is to remain outstanding after giving effect to the Transaction and the incurrence of Loans and Term Loans on such date (exclusive of (i) Indebtedness pursuant to this Agreement and the other Credit Documents, (ii) Indebtedness pursuant to the Term Credit Agreement and the other Term Credit Documents, (iii) Indebtedness pursuant to the Existing Senior Notes Documents and the Intermediate Holdco Senior Notes Documents, (iv) intercompany Indebtedness pursuant to the Intercompany Distribution Transactions, (v) Indebtedness of the Borrower Holdings and/or any of its Subsidiaries of the types described in clauses (viii), (xiii) and (xviii) of Section 10.04, (vi) Synthetic Lease obligations arising under the lease entered into in connection with the Sale-Leaseback Transaction, and (vii) immaterial Contingent Obligations of Subsidiaries of the Borrower that represent guaranties of obligations other than Indebtedness), in each case showing the aggregate principal amount thereof (and the aggregate amount of any undrawn commitments with respect thereto) and the name of the respective borrower and any other entity which directly or indirectly guarantees such debt. Part A of Schedule IV lists all Indebtedness as described in the immediately preceding sentence which is owed to Persons other than the Borrower Holdings or any of its Subsidiaries (after giving effect to the consummation of the Transaction) (with all such Indebtedness being herein called “Third Party Scheduled Existing Indebtedness”) and Part B of Schedule VI lists all Indebtedness as described in the immediately preceding sentence which is owed to the Borrower Holdings and its Subsidiaries as of February 25, 2006 (with all of such Indebtedness being herein called “Intercompany Scheduled Existing Indebtedness”).

Appears in 1 contract

Samples: Intercreditor Agreement (Dole Food Co Inc)

Scheduled Existing Indebtedness. Schedule IV sets forth a true and complete list of all Indebtedness of the Borrower Holdings and its Subsidiaries as of the Restatement Effective Date and which is to remain outstanding after giving effect to the Transaction and the incurrence of Loans and Term ABL Loans on such date (exclusive of (i) Indebtedness pursuant to this Agreement and the other Credit Documents, (ii) Indebtedness pursuant to the Term ABL Credit Agreement and the other Term ABL Credit Documents, (iii) Indebtedness pursuant to the Existing Senior Notes Documents and the Intermediate Holdco Credit Documents, (iv) intercompany Indebtedness pursuant to the Intercompany Distribution Transactions, (v) Indebtedness of the Borrower Holdings and/or any of its Subsidiaries of the types described in clauses (viii), (xiii) and (xviii) of Section 10.049.04(b), (vi) Synthetic Lease obligations arising under the lease entered into in connection with the Sale-Leaseback Transaction, and (vii) immaterial Contingent Obligations of Subsidiaries of the U.S. Borrower that represent guaranties of obligations other than Indebtedness), in each case showing the aggregate principal amount thereof (and the aggregate amount of any undrawn commitments with respect thereto) and the name of the respective borrower and any other entity which directly or indirectly guarantees such debt. Part A of Schedule IV lists all Indebtedness as described in the immediately preceding sentence which is owed to Persons other than the Borrower Holdings or any of its Subsidiaries (after giving effect to the consummation of the Transaction) (with all such Indebtedness being herein called “Third Party Scheduled Existing Indebtedness”) and Part B of Schedule VI IV lists all Indebtedness as described in the immediately preceding sentence which is owed to the Borrower Holdings and its Subsidiaries as of February 25, 2006 (with all of such Indebtedness being herein called “Intercompany Scheduled Existing Indebtedness”).

Appears in 1 contract

Samples: Intercreditor Agreement (Dole Food Co Inc)

Scheduled Existing Indebtedness. Schedule IV sets forth a true and complete list of all Indebtedness of the Borrower Holdings and its Subsidiaries as of the Effective Date and which is to remain outstanding after giving effect to the Transaction and the incurrence of Loans and Term Loans on such date (exclusive of (i) Indebtedness pursuant to this Agreement and the other Credit Documents, (ii) Indebtedness pursuant to the Term Credit Agreement and the other Term Credit Documents, (iii) Indebtedness pursuant to the Existing Senior Notes Documents and the Intermediate Holdco Senior Notes Documents, (iv) intercompany Indebtedness pursuant to the Intercompany Distribution Transactions, (v) Indebtedness of the Borrower Holdings and/or any of its Subsidiaries of the types described in clauses (viii), (xiii) and (xviii) of Section 10.04, (vi) Synthetic Lease obligations arising under the lease entered into in connection with the Sale-Leaseback Transaction, and (vii) immaterial Contingent Obligations of Subsidiaries of the Borrower that represent guaranties of obligations other than Indebtedness), in each case showing the aggregate principal amount thereof (and the aggregate amount of any undrawn commitments with respect thereto) and the name of the respective borrower and any other entity which directly or indirectly guarantees such debt. Part A of Schedule IV lists all Indebtedness as described in the immediately preceding sentence which is owed to Persons other than the Borrower Holdings or any of its Subsidiaries (after giving effect to the consummation of the Transaction) (with all such Indebtedness being herein called "Third Party Scheduled Existing Indebtedness") and Part B of Schedule VI lists all Indebtedness as described in the immediately preceding sentence which is owed to the Borrower Holdings and its Subsidiaries as of February 25, 2006 (with all of such Indebtedness being herein called "Intercompany Scheduled Existing Indebtedness").

Appears in 1 contract

Samples: Credit Agreement (Dole Food Company Inc)

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Scheduled Existing Indebtedness. Schedule IV sets forth a true and complete list of all Indebtedness of the Borrower Holdings and its Subsidiaries as of the Restatement Effective Date and which is to remain outstanding after giving effect to the Transaction and the incurrence of Loans and Term Loans on such date (exclusive of (i) Indebtedness pursuant to this Agreement and the other Credit Documents, (ii) Indebtedness pursuant to the Term Credit Agreement Existing Senior Notes Documents and the other Term Credit Documents, (iii) Indebtedness pursuant to the Existing Intermediate Holdco Senior Notes Documents, (iviii) intercompany Indebtedness pursuant to the Intercompany Distribution Transactions, (viv) Indebtedness of the Borrower Holdings and/or any of its Subsidiaries of the types described in clauses (viii), (xiii) and (xviii) of Section 10.049.04, (viv) Synthetic Lease obligations arising under the lease entered into in connection with the Sale-Leaseback Transaction, and (viivi) immaterial Contingent Obligations of Subsidiaries of the U.S. Borrower that represent guaranties of obligations other than Indebtedness), in each case showing the aggregate principal amount thereof (and the aggregate amount of any undrawn commitments with respect thereto) and the name of the respective borrower and any other entity which directly or indirectly guarantees such debt. Part A of Schedule IV lists all Indebtedness as described in the immediately preceding sentence which is owed to Persons other than the Borrower Holdings or any of its Subsidiaries (after giving effect to the consummation of the Transaction) (with all such Indebtedness being herein called "Third Party Scheduled Existing Indebtedness") and Part B of Schedule VI IV lists all Indebtedness as described in the immediately preceding sentence which is owed to the Borrower Holdings and its Subsidiaries as of February 25, 2006 (after giving effect to the Transaction) (with all of such Indebtedness being herein called "Intercompany Scheduled Existing Indebtedness").

Appears in 1 contract

Samples: Security Agreement (Dole Food Company Inc)

Scheduled Existing Indebtedness. Schedule IV sets forth a true and complete list of all Indebtedness of the Borrower Holdings and its Subsidiaries as of the Restatement Effective Date and which is to remain outstanding after giving effect to the Transaction and the incurrence of Loans and Term ABL Loans on such date (exclusive of (i) Indebtedness pursuant to this Agreement and the other Credit Documents, (ii) Indebtedness pursuant to the Term ABL Credit Agreement and the other Term ABL Credit Documents, (iii) Indebtedness pursuant to the Existing Senior Notes Documents and the Intermediate Holdco Credit Documents, (iv) intercompany Indebtedness pursuant to the Intercompany Distribution Transactions, (v) Indebtedness of the Borrower Holdings and/or any of its Subsidiaries of the types described in clauses (viii), (xiii) and (xviii) of Section 10.049.04(b), (vi) Synthetic Lease obligations arising under the lease entered into in connection with the Sale-Leaseback Transaction, and (vii) immaterial Contingent Obligations of Subsidiaries of the U.S. Borrower that represent guaranties of obligations other than Indebtedness), in each case showing the aggregate principal amount thereof (and the aggregate amount of any undrawn commitments with respect thereto) and the name of the respective borrower and any other entity which directly or indirectly guarantees such debt. Part A of Schedule IV lists all Indebtedness as described in the immediately preceding sentence which is owed to Persons other than the Borrower Holdings or any of its Subsidiaries (after giving effect to the consummation of the Transaction) (with all such Indebtedness being herein called "Third Party Scheduled Existing Indebtedness") and Part B of Schedule VI IV lists all Indebtedness as described in the immediately preceding sentence which is owed to the Borrower Holdings and its Subsidiaries as of February 25, 2006 (with all of such Indebtedness being herein called "Intercompany Scheduled Existing Indebtedness").

Appears in 1 contract

Samples: Credit Agreement (Dole Food Company Inc)

Scheduled Existing Indebtedness. Schedule IV sets forth a true and complete list of all Indebtedness of the Borrower Holdings and its Subsidiaries as of the Effective Initial Borrowing Date and which is to remain outstanding after giving effect to the Transaction and the incurrence of Loans and Term Loans on such date (exclusive of (i) Indebtedness pursuant to this Agreement and the other Credit Documents, (ii) Indebtedness pursuant to the Term Credit Agreement and the other Term Credit Existing Senior Notes Documents, (iii) Indebtedness pursuant to the Existing New Senior Notes Documents, (iv) intercompany Indebtedness pursuant to the Intercompany Distribution Transactions, (v) Indebtedness of the Borrower Holdings and/or any of its Subsidiaries of the types described in clauses clause (viii), (xiii) and (xviii) of Section 10.049.04, (vi) Synthetic Capitalized Lease obligations Obligations arising under the lease entered into in connection with the Sale-Leaseback Transaction, (vii) obligations described in Section 9.04(xxii), and (viiviii) immaterial Contingent Obligations of Subsidiaries of the U.S. Borrower that represent guaranties of obligations other than Indebtedness), in each case showing the aggregate principal amount thereof (and the aggregate amount of any undrawn commitments with respect thereto) and the name of the respective borrower and any other entity which directly or indirectly guarantees such debt. Part A of Schedule IV lists all Indebtedness as described in the immediately preceding sentence which is owed to Persons other than the Borrower Holdings or any of its Subsidiaries (after giving effect to the consummation of the Transaction) (with all such Indebtedness being herein called "Third Party Scheduled Existing Indebtedness") and Part B of Schedule VI IV lists all Indebtedness as described in the immediately preceding sentence which is owed to the Borrower Holdings and its Subsidiaries as of February 25, 2006 (after giving effect to the Transaction) (with all of such Indebtedness being herein called "Intercompany Scheduled Existing Indebtedness").

Appears in 1 contract

Samples: Credit Agreement (Dole Food Company Inc)

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