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. Create, incur, assume, or be liable for any Indebtedness, other than Permitted Indebtedness.
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;
Indebtedness. Create, incur, assume or be or remain liable with respect to any Indebtedness, or permit any Subsidiary so to do, other than Permitted Indebtedness. Notwithstanding anything contrary set forth above, if any Indebtedness is denominated in a foreign currency, no fluctuation in currency values shall result in a breach of this Section 7.4.
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.
“Funded Indebtedness to EBITDA Ratio” means, at any date, the ratio of # Funded Indebtedness for such date to # EBITDA for the period of twelve consecutive calendar months ended on or most recently prior to such date.
“Debt Transactions” means, with respect to Holdings or any of its Subsidiaries, any sale, issuance or placement of Funded Indebtedness, whether or not evidenced by a promissory note or other written evidence of indebtedness, except for Funded Indebtedness permitted to be incurred pursuant to Section 8.1.
Consolidated Funded Debt Ratio. Permit the Consolidated Funded Debt Ratio as of the last day of any Measurement Period of the Borrowers to be greater than 3.25 to 1.00; provided, however, that if any Material Acquisition has been consummated during such period, then the maximum Consolidated Funded Debt Ratio # may, at the election of the Borrowers, be increased to 3.50 to 1.00 for the period beginning on the closing date of the last such Permitted Acquisition and ending on the last day of the fourth fiscal quarter following such closing date (with the fiscal quarter in which such closing date occurs counting as the first of such four fiscal quarters), and # shall be decreased to 3.25 to 1.00 for all periods thereafter. The Borrowers may exercise the option set forth in the proviso above from time to time.
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