New Debt. For a period of two-years from the Execution Date, neither the Company nor any Subsidiary shall enter into any agreement creating indebtedness for the Company or any Subsidiary, including but not limited to entering into (i) any mortgage, credit agreement or other facility, indenture agreement, factoring agreement or other instrument, under which there may be issued, or by which there may be secured or evidenced, any indebtedness for borrowed money or money due that involves, either individually or in aggregate with other such agreements, obligations greater than $25,000.00, and (ii) any equipment lease, agreement evidencing purchase money security interests, or other similar transaction in the ordinary course of business that involves, either individually or in aggregate with other such agreements, obligations greater than $100,000.00, in either case without the prior written consent of the Required Holder.
New Debt. Through and including the New Maturity Date, Borrower will not incur any additional debt except for unsecured trade debt incurred in the ordinary course of business without the prior written consent of Lender in its sole and absolute discretion.
New Debt. In the event a Borrower incurs Indebtedness consented to by Required Lenders which is not otherwise permitted pursuant to Paragraph 6.1 hereof, the net cash proceeds of such Indebtedness shall be paid directly to Agent for the account of the Lenders and applied to the Loan as set forth in subparagraph (D) below.
New Debt. Spinco shall have incurred the New Debt and shall have received the proceeds thereof, and TDCC shall have received the Spinco Consideration.
New Debt. Borrower and guarantors agree not to incur additional (new) financial obligations without LIDC's prior written consent other than normal trade debt and other debt which it can afford while still remaining profitable.
New Debt. DCP or its Affiliates will incur new indebtedness that will be used and subject to the restrictions and other matters as set forth in Schedule 6.10. 6.11
New Debt. Within at most 5 (five) business days of the date on which Net Serviços incurs new Indebtedness (that is not Permitted Indebtedness, except in the case of Indebtedness for Refinancing, incurred for the first time by Net Serviços with regard to the Senior Secured Indebtedness), Net Serviços shall notify the Creditor Institutions with regard to the prepayment of the Principal Value for an amount equal to the product of i) 80% (eighty per cent) of (ii) the product of (a) the Prepayment Percentage and (b) the Cash Proceeds arising from the Indebtedness incurred or issued by Net Serviços and its Restricted Subsidiaries.
New Debt. Indebtedness secured by ownership or partnership interests in Real Estate Assets incurred by the Borrower after the date hereof pursuant to §9.1(f) that is not fully supported by one or more unencumbered Real Estate Assets (not including the Eligible Unencumbered Properties), and for the avoidance of doubt, neither the 2007 Term Loan or the 2008 Term Loan nor any refinancing thereof on substantially the same structure and collateral therefor shall constitute New Debt, unless the 2007 Term Loan or 2008 Term Loan is increased above the principal amount thereof on the date hereof.
New Debt. MLP or its Affiliates will incur new indebtedness that will be used and subject to the restrictions and other matters as set forth in Schedule 6.6.
New Debt. (a) Subject to the terms and conditions of this Agreement, the JV Entity shall use commercially reasonable efforts to obtain the New Debt on terms and conditions no less favorable to the JV Entity, in the aggregate, than the terms and conditions described in the Commitment Letter (the “Financing”). The JV Entity may (upon request of TDCC) amend, modify, waive the terms of, or replace, the Commitment Letter without the prior written consent of Corning, unless such amendment, modification, waiver or replacement would (i) reduce the aggregate amount of the Financing below the amount required to consummate the transactions contemplated by this Agreement (including by changing the amount of fees to be paid or original issue discount of the Financing), except to the extent additional proceeds of indebtedness incurred by the JV Entity after the date hereof are then made available in order to consummate the Transactions; or (ii) impose new or additional conditions precedent, or otherwise amend, modify or expand any conditions precedent, to the receipt of the Financing, in each case, in a manner that would reasonably be expected to (x) materially delay or prevent the consummation of the Transactions; or (y) adversely impact in any material respect the ability of the JV Entity to consummate the transactions contemplated hereby; provided, however, that the JV Entity may (upon request of TDCC) amend (in compliance with the other limitations of this Section 6.03(a)) the Commitment Letter without the prior written consent of Corning to add additional financing sources, lenders, lead arrangers, bookrunners, syndication agents or similar entities. If required by the Lenders, TDCC shall provide (on terms described in the Commitment Letter or otherwise reasonably acceptable to TDCC), a guaranty of the obligations of the JV Entity under the Financing. References in this Agreement to the Financing shall include the financing contemplated by the Commitment Letter as amended or modified in compliance with this Section 6.03 and references to the Commitment Letter shall include such documents as amended or modified in compliance with this Section 6.03. 23 (b) The JV Entity shall use commercially reasonable efforts to (i) maintain in effect the Commitment Letter until the consummation of the transactions contemplated hereby, except to the extent the proceeds of additional or alternative indebtedness incurred by the JV Entity are available at the Closing to consummate the Transacti...
