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

Indebtedness. No Borrower shall create, incur, assume, guarantee or be or remain liable with respect to any Indebtedness, other than Permitted Indebtedness, or prepay any Indebtedness or take any actions which impose on any Borrower 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, # with respect to purchase money Indebtedness permitted hereunder to the extent the outright purchase of such equipment would constitute an Investment in a capital asset that is permitted, # to the extent refinanced with similar Permitted Indebtedness, # to the extent permitted pursuant to the terms of any subordination or intercreditor agreement executed by Agent, or # as otherwise permitted hereunder or approved in writing by Agent.

Indebtedness. Upon the incurrence or issuance by the Borrower or any of its Subsidiaries (other than a Financing Subsidiary) of any Indebtedness, the Borrower shall prepay an aggregate principal amount of Loans equal to 100% of all Net Cash Proceeds received therefrom no later than the fifth Business Day following the receipt of such Net Cash Proceeds (such prepayments to be applied as set forth in [Section 2.09(b)]).

Indebtedness. None of the Security Parties has any Indebtedness other than the Indebtedness contemplated by this Agreement and Intercompany Debt; (s) Payment Free of Taxes. Subject to compliance with [Section 7.4], all payments made or to be made by the Security Parties under or pursuant to the Transaction Documents shall be made free and clear of, and without deduction or withholding for an account of, any Taxes; (t) No Proceedings to Dissolve. There are no proceedings or actions pending or contemplated by any Security Party or, to the best knowledge of any Security Party, contemplated by any third party, to dissolve or terminate any Security Party;

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. As of the Effective Date, no Seller nor Guarantor have any material Indebtedness, except as disclosed on [Schedule 2] to this Agreement.

all Funded Indebtedness;

“Consolidated Capitalization Ratio” means, as of any date of determination, the ratio of # Consolidated Funded Indebtedness as of such date to # Consolidated Funded Indebtedness plus Stockholders’ Equity as of such date.

SECTION # Funded Debt Ratio . The Borrower will not permit Total Funded Indebtedness as of the last day of any Test Period to exceed 65% of the sum of Total Adjusted Shareholders’ Equity and Total Funded Indebtedness, in each case, as of the last day of such Test Period.

“Total Funded Indebtedness” means, at any date, the aggregate principal amount of all Funded Indebtedness of Holdings and its Restricted Subsidiaries at such date, determined on a consolidated basis in accordance with GAAP.