Indebtedness; Loans. Except as set forth on the Disclosure ------------------- Schedule, prior to the Effective Time, the Company shall not, nor shall it permit any of the Subsidiaries (except as disclosed on the Disclosure Schedule or with the prior written approval of Parent and Purchaser) to, (i) incur (contingently or otherwise) any debt or other obligation to pay money borrowed except in the ordinary course of business or enter into any guarantee of any such obligation of another person or mortgage, pledge or subject to any lien, charge or other encumbrance their assets, properties or business, or (ii) make any loans, advances or capital contributions to, or investments in, any other person.
Indebtedness; Loans. Other than in connection with certain proposed bridge financing to White Cloud, neither White Cloud nor the Company will create, incur or assume any indebtedness (including without limitation, under existing lines of credit and revolving loans) other than in the ordinary course of business and in an amount not to exceed $50,000 in the aggregate, or guarantee or otherwise become liable with respect to any indebtedness for borrowed money. Neither White Cloud nor the Company will make any capital expenditures in excess of $50,000 in the aggregate and will not make any loan, advance, capital contribution to or investment in, any other person.
Indebtedness; Loans. Except for loans to Cars from Fidelity as contemplated by this Agreement, Cars will not create, incur or assume any indebtedness (including without limitation, under existing lines of credit and revolving loans) other than in the ordinary course of business and in an amount not to exceed $50,000 in the aggregate, or guarantee or otherwise become liable with respect to any indebtedness for borrowed money. Cars will not make any capital expenditures in excess of $50,000 in the aggregate and will not make any loan, advance, capital contribution to or investment in, any other person.
Indebtedness; Loans. Create, incur, suffer or permit to exist, or assume, directly or indirectly, or become or remain liable with respect to any Indebtedness, whether direct, indirect, absolute, contingent or otherwise, except the following: (a) Indebtedness to the Lender; (b) current accounts payable and unsecured current liabilities (not the result of borrowing), to vendors, suppliers and persons providing services, for expenditures for goods and services normally required by it in the ordinary course of business and on ordinary trade terms and accrued as deferred liabilities in the ordinary course of business listed on a balance sheet in accordance with GAAP (as hereinafter defined) and restructuring costs under GAAP; (c) intercompany indebtedness to Reliability Singapore, Pte. Ltd. arising in the normal and ordinary course of business; (d) loans secured by the Excluded Assets, provided that with respect to any loan secured by that certain real property and improvements located at Eno Industrial Park, 0000 Xxxxxxxxxx Xxxxx, Xxxxxx, Xxxxx Xxxxxxxx, any such lender secured by such real property and improvements shall have entered into a satisfactory subordination agreement with Lender; and (e) loans secured by liens to which Lender has subordinated under Section 5.2. In addition, Borrower shall not make any loans or advances other than (i) advances to suppliers in the ordinary course of its business, and travel and other related expenses to employees, agents and representatives in the ordinary course of business; and (ii) intercompany loans to Reliability Singapore, Pte. Ltd. in the ordinary and usual course of business.
