Debt; Contingent Obligations. No Borrower will, or will permit any Subsidiary to, directly or indirectly, create, incur, assume, guarantee or otherwise become or remain directly or indirectly liable with respect to, any Debt, except for Permitted Debt. No Borrower will, or will permit any Subsidiary to, directly or indirectly, create, assume, incur or suffer to exist any Contingent Obligations, except for Permitted Contingent Obligations.
Debt; Contingent Obligations. (a) No Credit Party will, or will permit any Subsidiary to, directly or indirectly, create, incur, assume, guarantee or otherwise become or remain directly or indirectly liable with respect to, any Debt, except for Permitted Debt.
Debt; Contingent Obligations. No Loan Party will, or will permit any Subsidiary to, directly or indirectly, create, incur, assume, guarantee or otherwise become or remain directly or indirectly liable with respect to, any Debt, except for Permitted Debt. No Loan Party will, or will permit any Subsidiary to, directly or indirectly, create, assume, incur or suffer to exist any Contingent Obligations, except for Permitted Contingent Obligations.
Debt; Contingent Obligations. No Borrower will, directly or indirectly, create, incur, assume, guarantee or otherwise become or remain directly or indirectly liable with respect to, any Debt, except for Permitted Indebtedness. No Borrower will, directly or indirectly, create, assume, incur or suffer to exist any Contingent Obligations, except for Permitted Contingent Obligations. No Borrower will, directly or indirectly, make any loans or advance any Debt to any Person (except to the extent that Borrowers joint and several obligations hereunder would be deemed to be a loan or advance to the other Borrower).
Debt; Contingent Obligations. No Borrower will directly or indirectly, create, incur, assume, guarantee or otherwise become or remain directly or indirectly liable with respect to, any Debt, except for Permitted Debt. No Borrower will directly or indirectly, create, assume, incur or suffer to exist any Contingent Obligations, except for Permitted Contingent Obligations. No Borrower will permit any Excluded Subsidiary to, directly or indirectly, create, incur, assume, guarantee or otherwise become or remain directly or indirectly liable with respect to, Debt describe in clauses (a) or (b) of the definition thereof in an aggregate principal amount not to exceed $2,500,000 (excluding the principal amount of any Permitted Intercompany Investments made to such Excluded Subsidiaries) at any one time outstanding, it being understood that any Debt existing as of the Closing Date and set forth on Schedule 5.1 (and any Permitted Refinancing Debt in respect thereof) shall be permitted and not count against such $2,500,000 basket.
Debt; Contingent Obligations. No Credit Party will, or will permit any Subsidiary to, directly or indirectly, create, incur, assume, guarantee or otherwise become or remain directly or indirectly liable with respect to, any Debt, except for Permitted Debt. No Credit Party will, or will permit any Subsidiary to, directly or indirectly, create, assume, incur or suffer to exist any Contingent Obligations, except for Permitted Contingent Obligations. [***] = Certain Confidential Information Omitted 77 MidCap / Cerus / Credit, Security and Guaranty Agreement (Revolving Loan) 202312840 v5
Debt; Contingent Obligations. No Credit Party will, or will permit any Subsidiary to, directly or indirectly, create, incur, assume, guarantee or otherwise become or remain directly or indirectly liable with respect to, any Debt, except for Permitted Debt. No Credit Party will, or will permit any Subsidiary to, directly or indirectly, create, assume, incur or suffer to exist any Contingent Obligations, except for Permitted Contingent Obligations. No Credit Party will, or will permit any Subsidiary to, directly or indirectly, purchase, redeem, defease or prepay any cash principal of, cash premium, if any, cash interest or other cash amount payable in respect of any Debt prior to its scheduled date for payment (except (i) with respect to the Obligations permitted under this Agreement, (ii) for Capital Lease obligations, (iii) for obligations under the Revolving Loan Financing Documents in accordance with the Intercreditor Agreement, (iv) conversions of Debt into Equity Interests (other than Disqualified Equity Interests), (v) for the Third Lien Obligations in accordance with the Intercreditor Agreement and (vi) for Subordinated Debt solely to the extent permitted by Section 5.5). Avenue / Rubicon / Credit, Security and Guaranty Agreement
Debt; Contingent Obligations. Reimbursement obligations in respect of: · the Standby Letter of Credit issued to Hintex B.V., Netherlands for EUR 11,838 in November 2010; and · the Standby Letter of Credit issued to Pacific Gas and Electric Company, USA for $133,100 in November 2011. · [*****] [*****] Asterisks indicate that confidential information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to this omitted information. Schedule 5.2 Liens · Liens in connection with: · Certificate of Deposit #8046436708 held by Xxxxx Fargo Bank, N.A., as collateral against the Standby Letter of Credit issued to Hintex B.V., Netherlands for EUR 11,838 in November 2010; and · Certificate of Deposit #6421121341 held by Xxxxx Fargo Bank, N.A., as collateral against the Standby Letter of Credit issued to Pacific Gas and Electric Company, USA for $133,100 in November 2011. Schedule 5.7 Permitted Investments · Investments: Owner Description Current Units as of 09/30/17 Currency Security Type Securities Account Accuray Incorporated [*****] [*****] USD [*****] Xxxxxx Xxxxx Wealth Management Accuray Incorporated [*****] [*****] USD [*****] Xxxxxx Xxxxx Wealth Management Accuray Incorporated [*****] [*****] USD [*****] Xxxxxx Xxxxx Wealth Management Accuray Incorporated [*****] [*****] USD [*****] Xxxxxx Xxxxx Wealth Management Accuray Incorporated [*****] [*****] USD [*****] Xxxxxx Xxxxx Wealth Management Accuray Incorporated [*****] [*****] USD [*****] Xxxxxx Xxxxx Wealth Management Accuray Incorporated [*****] [*****] USD [*****] Xxxxxx Xxxxx Wealth Management Accuray Incorporated [*****] [*****] USD [*****] Xxxxxx Xxxxx Wealth Management · Intercompany Loans: · Loan between Accuray Incorporated, as lender, and Accuray Medical Equipment (Russia) LLC, as debtor. As of September 30, 2017, there was [*****] outstanding with respect to this loan. [*****] Asterisks indicate that confidential information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to this omitted information. · Equity in subsidiaries: Owner Subsidiary Balance as of 9/30/17 Accuray Incorporated Accuray International SARL [*****] Accuray Incorporated Accuray Brasil [*****] TomoTherapy Incorporated TomoTherapy Europe SARL [*****] TomoTherapy Incorporated Accuray Accelerator Technology Company Inc. [*****] · Other Investments: Accuray Incorporated owns [*****] shares of...
Debt; Contingent Obligations. 1. Base Capped Call Confirmation, dated December 4, 2013, between the Borrower and Bank of America, N.A.
Debt; Contingent Obligations. The Borrowers will not, directly or indirectly, create, incur, assume, guarantee or otherwise become or remain directly or indirectly liable with respect to, any Debt, except for Permitted Indebtedness. The Borrowers will not, directly or indirectly, create, assume, incur or suffer to exist any Contingent Obligations, except for Permitted Contingent Obligations.
