(d) Liens on fixed or capital assets acquired, constructed or improved by Parent or any Subsidiary; provided that (iA) such Liens secure solely Indebtedness permitted by [Section 6.01(da)] or, for the avoidance of doubt, Indebtedness of the type referred to in [Section 6.01(d)] that would be permitted to be incurred by Parent or any Subsidiary under [Section 6.01(div)] if it were subject to Section 6.01 and obligations relating thereto not constituting Indebtedness, (iiB) such Liens and the Indebtedness secured thereby (other than otherwise permitted extensions, renewals and replacements thereof) are incurred prior to or within 180 days after such acquisition or the completion of such construction or improvement, (iiiC) the Indebtedness secured thereby was incurred to pay, and does not exceed, in each case, the cost of acquiring, constructing or improving such fixed or capital assets and (ivD) such Liens shall not apply to any other assets of Parent or any Subsidiary;
Liens on fixed or capital assets acquired, constructed or improved by the Borrower or any Subsidiary; provided that such Liens # secure Indebtedness permitted by [Section 6.01(v)] and # shall not encumber any other property or assets of the Borrower or any Subsidiary.; and
Indebtedness of the Borrower or any Subsidiary incurred to finance the acquisition, construction or improvement of any fixed or capital assets (whether or not constituting purchase money Indebtedness), including Capital Lease Obligations and any Indebtedness assumed in connection with the acquisition of any such assets or secured by a Lien on any such assets prior to the acquisition thereof (including any Indebtedness of a Person that is acquired or merged with or into or consolidated with the Borrower or any Subsidiary of the Borrower or that becomes a Subsidiary of the Borrower that is existing at the time of such acquisition, merger or consolidation, provided that such Indebtedness is not incurred in contemplation thereof), and extensions, renewals and replacements of any such Indebtedness in accordance with [clause (f) hereof]; provided that # such Indebtedness is incurred prior to or within 90 days after such acquisition or the completion of such construction or improvement, # any such Indebtedness does not exceed 100% of the cost of acquiring, constructing or improving such fixed or capital asset, # such Indebtedness is secured by Liens permitted by [Section 6.02(d)] and otherwise unsecured; and # the aggregate principal amount of Indebtedness permitted by this clause (e) shall not exceed the Threshold Amount at any time outstanding;
Liens on fixed or capital assets acquired, constructed or improved by the Borrower or any Subsidiary; provided that # such security interests secure Indebtedness permitted by [Section 7.01(d)] (including any Permitted Refinancing Indebtedness in respect thereof), # such security interests and the Indebtedness secured thereby are incurred prior to, at the time of or within 90 days after such acquisition or the completion of such construction or improvement, # the Indebtedness secured thereby does not exceed 100% of the cost of acquiring, constructing or improving such fixed or capital assets and any Permitted Refinancing Increase and # such security interests shall not apply to any other property or assets of the Borrower or any Subsidiary other than proceeds and products of such fixed or capital assets;
Liens on fixed or capital assets or on Real Estate of any Domestic Borrower which secure Indebtedness permitted under [Section 6.1(e)] so long as # such Liens and the Indebtedness secured thereby are incurred prior to or within ninety (90) days after such acquisition, # the Indebtedness secured thereby does not exceed the cost of acquisition of the applicable assets, and # such Liens shall attach only to the assets or Real Estate acquired, improved or refinanced with such Indebtedness and shall not extend to any other property or assets of the Credit Parties; and
any Lien existing on any property or asset prior to the acquisition thereof by the Borrower or any Restricted Subsidiary or existing on any property or asset of any Person that becomes a Restricted Subsidiary after the date hereof prior to the time such Person becomes a Restricted Subsidiary; provided that # such Lien is not created in contemplation of or in connection with such acquisition or such Person becoming a Restricted Subsidiary, as the case may be, # such Lien shall not apply to any other property or assets of the Borrower or any Restricted Subsidiary, and # such Lien shall secure only those obligations which it secures on the date of such acquisition or the date such Person becomes a Restricted Subsidiary, as the case may be, and any refinancing, extension, renewal or replacement thereof that does not increase the outstanding principal amount thereof except by an amount equal to a premium or other amount paid, and fees and expenses incurred, in connection with such refinancing, extensions, renewals or replacements; (d) Liens on fixed or capital assets acquired, constructed, financed or improved by the Borrower or any Restricted Subsidiary; provided that # such security interests secure Indebtedness that is not prohibited by Section 6.01, # such security interests and the Indebtedness secured thereby are initially incurred prior to or within 180 days after such acquisition or the completion of such construction or improvement, # the Indebtedness secured thereby does not exceed 100% of the cost of acquiring, constructing or improving such fixed or capital assets and customary related expenses, and # such security interests shall not apply to any other property or assets of the Borrower or any Restricted Subsidiary other than additions, accessions, parts, attachments or improvements thereon or proceeds thereof; provided that clauses (ii) and (iii) shall not apply to any Refinancing Indebtedness pursuant to [Section 6.01(f)] hereof or any Lien securing such Refinancing Indebtedness;
Indebtedness of the Borrower or any Subsidiary incurred to finance the acquisition, construction or improvement of any fixed or capital assets (whether or not constituting purchase money Indebtedness), including Capital Lease Obligations and any Indebtedness assumed in connection with the acquisition of any such assets or secured by a Lien on any such assets prior to the acquisition thereof (including any Indebtedness of a Person that is acquired or merged with or into or consolidated with the Borrower or any Subsidiary of the Borrower or that becomes a Subsidiary of the Borrower that is existing at the time of such acquisition, merger or consolidation, provided that such Indebtedness is not incurred in contemplation thereof), and extensions, renewals and replacements of any such Indebtedness in accordance with [clause (f) hereof]; provided that # such Indebtedness is incurred prior to or within 90 days after such acquisition or the completion of such construction or improvement, # any such Indebtedness does not exceed 100% of the cost of acquiring, constructing or improving such fixed or capital asset, # such Indebtedness is secured by Liens permitted by [Section 6.02(d)] and otherwise unsecured; and # the
AllDrafts is a cloud-based editor designed specifically for contracts. With automatic formatting, a massive clause library, smart redaction, and insanely easy templates, it’s a welcome change from Word.
And AllDrafts generates clean Word and PDF files from any draft.