TCP Intercompany Loan means an intercompany loan in the amount of $20,000,000 with an interest rate equal to five percent (5%) per annum made by the Swiss Parent to TCP, evidenced by a promissory note dated as of Fourth Amendment Effective Date, in form and substance satisfactory to Agent and that has been delivered to Agent either endorsed in blank or together with an undated instrument of transfer executed in blank by TCP.
Create, incur, assume or suffer to exist any Indebtedness (exclusive of trade debt) except in respect of (i) Indebtedness to Lenders; (ii) Indebtedness incurred for Capital Expenditures permitted under Section 7.6 hereof; (iii) Indebtedness under the CMP Subordinated Payable Documentation; (iv) Indebtedness under the Subordinated Promissory Note, (v) Indebtedness under the intercompany loan made by Holdings to TCP and (vi) Indebtedness under the TCP Intercompany Loan.
The following is added as new Section 7.25 of the Credit Agreement:7.25 Payments of TCP Intercompany Loan.
The following is added as a new Section 10.22 of the Credit Agreement:10.21 TCP Intercompany Loan Cross Default.
A payment default or any other event of default by TCP under the TCP Intercompany Loan.