Status of Debt Sample Clauses

Status of Debt. Each party hereto agrees that the Revolving Credit Facility, the Letter of Credit Facility, all Swing Line Loans and all Outstandings are hereby
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Status of Debt. None of the execution, performance or existence of the Term Loan Agreement, the Loan Documents or the incurrence of any Facility Obligations (including, without limitation, the incurrence or existence of Loans and of LC Obligations) or the Term Loan by Borrower nor the incurrence or existence of Liens to secure the Secured Obligations violates (a) the 2009 Senior Note Indenture, (b) the 2009 Senior Subordinated Convertible Note Indenture, (c) the Recovery Zone Bonds Loan Agreements, (d) the Term Loan Agreement and (e) any other material Debt for Borrowed Money of, or binding upon, Borrower.
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Status of Debt. If (i) the Obligations shall at any time fail to constitute “Senior Debt”, “Designated Senior Debt” or any similar designation under and as defined in any agreement or instrument governing any Debt that is subordinated to the Obligations, (ii) the subordination provisions of any agreement or instrument governing any Debt in a principal amount in excess of $1,000,000 that is subordinated to the Obligations shall for any reason (other than as a result of any action or inaction of Agent or any Lender) be revoked or invalidated, or otherwise cease to be in full force and effect, unless such Debt would otherwise be permitted to be incurred as “Senior Debt” at such time (and for purposes of any baskets, shall be deemed to be incurred as such), or any Obligor shall contest in any manner the validity or enforceability thereof, or (iii) any Debt other than the Debt evidenced by this Agreement and/or Bank Product Obligations shall be designated as an “ABL Facility” or any similar designation under and as defined in the Term Loan Documents.
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Status of Debt. EACH PARTY HERETO AGREES THAT THE REVOLVING CREDIT FACILITY, THE LETTER OF CREDIT FACILITY, ALL SWING LINE LOANS AND ALL OUTSTANDINGS ARE HEREBY SPECIFICALLY DESIGNATED AS "DESIGNATED SENIOR INDEBTEDNESS" AND AS "SENIOR INDEBTEDNESS" FOR ALL PURPOSES OF THE INDENTURE AND ARE TO BE AFFORDED ALL RIGHTS OF, AND TERMS APPLICABLE TO, DESIGNATED SENIOR INDEBTEDNESS AND SENIOR INDEBTEDNESS UNDER THE TERMS OF THE INDENTURE, INCLUDING, WITHOUT LIMITATION, SUBORDINATION OF THE NOTES (AS DEFINED IN THE INDENTURE) PURSUANT TO ARTICLE IV OF THE INDENTURE.
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Status of Debt. Neither the execution nor performance of the Loan Documents nor the incurrence of any Facility Obligations by the Borrowers nor the incurrence of Liens to secure the Secured Obligations violates (a) the 2009 Senior Note Indenture, including Section 3.10(c) thereof or (b) the Recovery Zone Bonds Loan Agreements, including Section 4.07(c) thereof.
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Status of Debt. The incurrence of Indebtedness on the Amendment Effective Date or Repricing Effective Date, as the case may be, and at any time thereafter, under the Credit Agreement is permitted under the indentures governing the Senior Subordinated Notes and the Second Lien Notes (if then existing), and the debt so incurred will constitute Senior Debt and Designated Senior Debt under and as defined in such indenture governing the Senior Subordinated Notes.
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Status of Debt. 83 11.18 Waiver of Jury Trial................................................................ 83 11.19 Removal of Lenders.................................................................. 83 11.20
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Status of Debt. Each party hereto agrees that the Revolving -------------- Credit Facility, the Letter of Credit Facility, all Swing Line Loans and all Outstandings are hereby specifically designated as "Significant Senior Indebtedness," "Parent Senior Indebtedness" and as "Significant Parent Senior Indebtedness" for all purposes of the Parisian Indenture and are to be afforded all rights of, and terms applicable to, Significant Senior Indebtedness, Parent Senior Indebtedness and Significant Parent Senior Indebtedness under the terms of the Parisian Indenture, including without limitation subordination of the Parisian Senior Subordinated Notes and of the Parent Guarantee (as defined in the Parisian Indenture).
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Status of Debt 
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Related to Status of Debt

  • Repayment of Debt If the General Partners unanimously elect, or are required by one or more third parties, to repay or repurchase at the Closing Date (or thereafter in connection with the sale of properties) any indebtedness of Target or any subsidiary of Target, at the Closing Date (or thereafter in connection with the sale of properties), the General Partners shall pay in cash such indebtedness plus any costs, expenses or fees associated with such repayment or repurchase, including without limitation any prepayment fees or penalties, to be repaid, pro rata in accordance with their respective Capital Accounts. For these purposes, “indebtedness” shall be deemed to include the costs of unwinding any interest rate swaps, caps, treasury locks and other derivatives and xxxxxx associated with the indebtedness that is being repaid.

  • Indebtedness and Preferred Equity The Borrower will not, and will not permit any of its Subsidiaries to, create, incur, assume or suffer to exist any Indebtedness, except:

  • Subordination of Inside Debt All present and future indebtedness of Borrower to its officers, directors and shareholders ("Inside Debt") shall, at all times, be subordinated to the Obligations pursuant to a subordination agreement on Silicon's standard form. Borrower represents and warrants that there is no Inside Debt presently outstanding. Prior to incurring any Inside Debt in the future, Borrower shall cause the person to whom such Inside Debt will be owed to execute and deliver to Silicon a subordination agreement on Silicon's standard form.

  • Payment of Debt Borrower will pay the Debt at the time and in the manner provided in the Note and in this Security Instrument.

  • Subordination of Debt Until senior debt has been paid in full, Debtor will not pay and Creditor will not accept any payment on subordinated debt at any time that an Event of Default (as defined in the Senior Facility Agreement) has occurred and is continuing in respect of senior debt. Anything of value received by Creditor on account of subordinated debt in violation of this agreement will be held by Creditor in trust and immediately will be turned over to Lender in the form received to be applied by Lender on senior debt.

  • Prepayment of Debt Make any prepayment (whether optional or mandatory), repurchase, redemption, defeasance or any other payment in respect of any Subordinated Debt.

  • Subordination of Indebtedness Any indebtedness or other obligation of Borrower now or hereafter held by or owing to Guarantor is hereby subordinated in time and right of payment to all obligations of Borrower to Bank, except as such indebtedness or other obligation is expressly permitted to be paid under the Credit Agreement; and such indebtedness of Borrower to Guarantor is assigned to Bank as security for this Guaranty, and if Bank so requests shall be collected, enforced and received by Guarantor in trust for Bank and to be paid over to Bank on account of the Obligations of Borrower to Bank, but without reducing or affecting in any manner the liability of Guarantor under the other provisions of this Guaranty. Any notes now or hereafter evidencing such indebtedness of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Bank.

  • Incurrence of Debt The Company will not, and will not permit any Subsidiary to, directly or indirectly, create, incur, assume, guarantee, or otherwise become directly or indirectly liable with respect to, any Debt, unless on the date the Company or such Subsidiary becomes liable with respect to any such Debt and immediately after giving effect thereto and the concurrent retirement of any other Debt,

  • Incurrence of Indebtedness and Issuance of Preferred Stock (a) The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, issue, assume, guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to (collectively, “incur”) any Indebtedness (including Acquired Debt), and the Company will not issue any Disqualified Stock and will not permit any of its Restricted Subsidiaries to issue any shares of preferred stock; provided, however, that the Company may incur Indebtedness (including Acquired Debt) or issue Disqualified Stock, and the Guarantors may incur Indebtedness (including Acquired Debt) or issue preferred stock, if the Fixed Charge Coverage Ratio for the Company’s most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is incurred or such Disqualified Stock or such preferred stock is issued, as the case may be, would have been at least 2.0 to 1.0, determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been incurred or the Disqualified Stock or the preferred stock had been issued, as the case may be, at the beginning of such four-quarter period.

  • Limitation on Incurrence of Indebtedness and Issuance of Preferred Stock The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, issue, assume, guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to (collectively, “incur”) any Indebtedness (including Acquired Debt), neither the Company nor any Guarantor will issue any Disqualified Stock, and the Company will not permit any of its other Restricted Subsidiaries to issue any shares of preferred stock; provided, however, that the Company and any Guarantor may incur Indebtedness (including Acquired Debt) or issue Disqualified Stock, if the Fixed Charge Coverage Ratio for the Company’s most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is incurred or such Disqualified Stock is issued would have been at least 2.0 to 1.0, determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been incurred or Disqualified Stock had been issued, as the case may be, at the beginning of such four-quarter period. The first paragraph of this Section 4.09 will not prohibit the incurrence of any of the following items of Indebtedness (collectively, “Permitted Debt”):

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