Indebtedness. Create, incur, assume, or be liable for any Indebtedness, or permit any Subsidiary to do so, other than Permitted Indebtedness.

Indebtedness. Borrower shall not incur, create, assume or permit to exist any additional Indebtedness for borrowed money (other than the Obligations) or Indebtedness on account of deposits, advances or progress payments under contracts, notes, bonds, debentures or similar obligations or other indebtedness evidenced by notes, bonds, debentures, capitalized leases or similar obligations except for # Permitted Purchase Money Indebtedness and # other such unsecured Indebtedness in an aggregate amount not to exceed $100,000.00 in any fiscal year.

Indebtedness. Neither the Company nor any of its Subsidiaries is, immediately prior to the execution and delivery of this Agreement, in default in the payment of any material indebtedness or in default under any agreement relating to its material indebtedness.

Indebtedness. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time create, incur, assume or suffer to exist any Indebtedness, except:

Indebtedness. Create, incur, assume or suffer to exist any Indebtedness, except:

Indebtedness. The Loan Parties shall not create, incur, assume, guarantee or be or remain liable with respect to any Indebtedness, or permit any Subsidiary so to do, other than Permitted Indebtedness, or prepay any Indebtedness or take any actions which impose on the Loan Parties an obligation to prepay any Indebtedness, except for # the conversion of Indebtedness into equity securities and the payment of Cash in lieu of fractional shares in connection with such conversion, (b) (i) purchase money Indebtedness pursuant to its then applicable payment schedule or # Indebtedness owed under corporate credit cards to the extent constituting Permitted Indebtedness and prepaid in the ordinary course of business, # prepayment by any Subsidiary of # inter-company Indebtedness owed by such Subsidiary to any Loan Party, or # if such Subsidiary is not a Loan Party, intercompany Indebtedness owed by such Subsidiary to another Subsidiary that is not a Loan Party, or # as otherwise permitted hereunder or approved in writing by Agent.

Indebtedness. No Note Party shall, nor shall it permit any of its Subsidiaries to, directly or indirectly, create, incur, assume or guaranty, or otherwise become or remain directly or indirectly liable with respect to any Indebtedness, except:

"Consolidated Leverage Ratio" means Consolidated Total Funded Indebtedness to Total Asset Value.

“Funded Indebtedness” means, as of the last day of any fiscal quarter for which financial statements prepared on a consolidated basis in accordance with GAAP have been filed with the SEC (or, in the event that the Borrower shall no longer be subject to the reporting requirements of Section 13 or Section 15(d) of the Exchange Act, are available), the aggregate principal amount of all Indebtedness (other than Indebtedness described in clauses # (to the extent such guaranty relates to Indebtedness not otherwise excluded from Funded Indebtedness) (h), (i), and (j) of the definition thereof) determined for Borrower and its Subsidiaries (other than intercompany Indebtedness among Borrower and its Subsidiaries) on a consolidated basis at such date. For avoidance of doubt, Funded Indebtedness shall include any Attributable Debt of the Borrower and its Subsidiaries.

The calculations set forth on Annex A attached hereto of # Total Adjusted Shareholders’ Equity as of the last day of the Applicable Accounting Period, # Total Funded Indebtedness as of the last day of the Applicable Accounting Period and # the ratio of Total Funded Indebtedness as of the last day of the Applicable Accounting Period to the sum of Total Adjusted Shareholders’ Equity and Total Funded Indebtedness, in each case, as of the last day of the Applicable Accounting Period are true and accurate on and as of the date of this Compliance Certificate.