Indebtedness and Guaranties. Incur any indebtedness for borrowed money other than in the ordinary course of business consistent with past practice with a term not in excess of one year; or incur, assume or become subject to, whether directly or by way of any guarantee or otherwise, any obligations or liabilities (absolute, accrued, contingent or otherwise) of any other person or entity, other than the issuance of letters of credit in the ordinary course of business and in accordance with the restrictions set forth in Section 5.2(r).
Indebtedness and Guaranties. Set forth on Schedule 5.1 is a complete and correct listing of all of Borrower’s (i) Indebtedness for Money Borrowed, and (ii) guaranties and other contingent obligations.
Indebtedness and Guaranties. SCHEDULE 6.1(J) is a complete and correct listing of all Indebtedness for Money Borrowed and Guaranties of each Obligor and its Subsidiaries. Each Obligor and its Subsidiaries has performed and is in compliance with all of the terms of such Indebtedness and Guaranties and all instruments and agreements relating thereto, and no default or event of default, or event or condition which with notice or lapse of time or both would constitute such a default or event of default, exists with respect to any such Indebtedness or Guaranty.
Indebtedness and Guaranties. Complete and correct copies of all instruments (including all amendments, supplements, waivers and consents) relating to any Indebtedness of the Company has been furnished to the Buyer. The Closing Date Debt is listed on Schedule 4.24 and accurately reflects all amounts necessary to discharge the amounts of Indebtedness outstanding immediately prior to the Closing. The Company is not a guarantor or otherwise liable for any Liability (including indebtedness) of any other Person.
Indebtedness and Guaranties. Set forth on SCHEDULE 5.1(i) is a complete and correct listing of all of the Borrower's (i) Indebtedness for Money Borrowed and (ii)
Indebtedness and Guaranties. Except as otherwise disclosed by the Sellers, the Company is not a guarantor or otherwise liable for any material liability (including indebtedness) of any other Person.
Indebtedness and Guaranties. Incur any indebtedness for borrowed money or incur, assume or become subject to, whether directly or by way of any guarantee or otherwise, any obligations or liabilities (absolute, accrued, contingent or otherwise) of any other person, other than the issuance of letters of credit in the ordinary course of business; provided, however, that Cascade shall not be prohibited from (i) drawing on Cascade’s credit facility in effect on the date hereof, (ii) incurrence of any indebtedness in connection with the transactions contemplated in this Agreement or (iii) incurrence of any indebtedness by Cascade Bank so long as, in the case of each of clauses (i)-(iii), any such indebtedness is not reasonably likely to result in a commitment or option to convert or redeem such indebtedness in Cascade Common Stock.
Indebtedness and Guaranties. Set forth on Schedule 6.1(i) is a complete and correct listing of all of each and every Borrower's and its Subsidiaries' (i) Indebtedness for Money Borrowed and (ii) Guaranties of obligations of Persons and entities other than the obligations of other Borrowers or the Guarantors. There is no Indebtedness owing by any Borrower or any Guarantor to any Affiliate of any Borrower or any Guarantor. Other than as previously disclosed to Agent, no Borrower nor any Subsidiary is in default of any material provision of any agreement evidencing or relating to any such Indebtedness or Guaranty.
Indebtedness and Guaranties. Borrower shall not, and shall not permit ABE Fairmont to, (1) create, incur, assume or permit to exist any additional Indebtedness or liabilities or (2) guarantee, assume or otherwise be or agree to become directly or indirectly liable in any way for any additional indebtedness or liability of any other Person, except (i) Indebtedness and guarantees in favor of Lender; (ii) trade debt and customary operating expenses incurred and paid by such Person in the normal and ordinary course of business; (iii) Indebtedness incurred to purchase fixed or capital assets and Capital Leases, consistent with the restrictions and conditions in Section 11(h)(2), provided that the aggregate amount of such Indebtedness outstanding under this clause (iii) at any time may not exceed $3,000,000; (iv) Indebtedness under the CoBank Loan Documents in an amount not to exceed $93,650,000 in the aggregate outstanding at any time; (v) the Indebtedness listed on Schedule 11(g) attached to this Restated Note; (vi) Indebtedness under the Xxxxx Fargo Documents in an amount not to exceed $7,000,000 in the aggregate outstanding at any time; and (vii) extensions, refinancings and renewals of any of the Indebtedness permitted by the foregoing clauses, provided that the principal amount of such Indebtedness shall not be increased or the terms of such Indebtedness modified to impose more burdensome terms upon Borrower or any of its Subsidiaries.
Indebtedness and Guaranties. Incur any indebtedness for borrowed money other than in the ordinary course of business consistent with past practice with a term not in excess of one year or borrowings from the FHLB or Federal Reserve Bank of Kansas City (“FRBKC”); or incur, assume or become subject to, whether directly or by way of any guarantee or otherwise, any obligations or liabilities (absolute, accrued, contingent or otherwise) of any other person or entity, other than the issuance of letters of credit in the ordinary course of business and in accordance with the restrictions set forth in Section 5.2(s).
