Restriction on Future Indebtedness with Aegis. Without the prior written consent of the -District Creditors (provided, however, that the consent of the -District Creditors will not be required at any time when all of the following two (2) conditions are met: # the A&R -District Notes have been Paid in Full in their entirety and # the aggregate principal amount outstanding under the A&R -District Unsecured Notes is less than ), # no Obligor will issue to Aegis nor any Affiliate thereof, any additional indebtedness beyond the aggregate amount of Aegis Debt outstanding as of the Effective Date (provided, for the avoidance of doubt, the principal amount of the A&R Aegis Note shall in no event be permitted to exceed in the aggregate at any time and further provided, for the avoidance of doubt, that any fees, interest, or other obligations that become due or payable pursuant to the terms of any Aegis Note Document as in effect on the Effective Date shall not be deemed an issuance of “additional indebtedness” for purposes of this [Section 11(a)(ii)]), # no Obligor will grant any additional Lien as security for the Aegis Debt or any other indebtedness owing by any Obligor to Aegis or any Affiliate thereof beyond those Liens granted as of the date of this Agreement pursuant to the Aegis Note Documents as in effect on the Effective Date, and # neither Aegis nor any Affiliate thereof will accept any such issuance of additional indebtedness by any Obligor or the grant of any such additional Lien or enter into any agreement to effect the same. Aegis and each of the Obligors agree and acknowledge that any issuance by any Obligor of any indebtedness to Aegis or any Affiliate thereof and/or any grant by any Obligor of any Lien to Aegis or any Affiliate thereof in violation of the terms of this [Section 11(a)(ii)] shall be void ab initio and have no force or effect.
Restriction on Further Indebtedness. The Company agrees that unless Holder shall otherwise consent in writing, it shall cause Craft Canning not to create, incur, assume or in any manner become liable in respect of, or suffer to exist, any indebtedness other than # indebtedness incurred or guaranteed by Craft Canning in effect as of the date hereof, # trade debt incurred in the ordinary course of business, # capital leases of digital can printers specifically described in the Security Guaranty dated as of the Loan Date, and # indebtedness that is expressly subordinate and junior in right and priority of payment to the Note that is reasonably satisfactory in form and substance to Holder.
“Aegis Debt” shall mean # all indebtedness and obligations of any and all Obligors owing under the Aegis Note Documents, including without limitation the principal amount of and interest (including but not limited to post-petition interest) on all indebtedness, liabilities and/or obligations of any and all Obligors under the Aegis Note Documents, and # all renewals, extensions, amendments, or other modifications of any of the foregoing, including without limitation, any future increase in the principal amount of the A&R Aegis Note, and any reasonable attorneys’ fees or other reasonable collection costs incurred in connection with any of the foregoing.
“Aegis Note Documents” shall mean # the Aegis Note Purchase Agreement, # the Aegis Note Purchase Agreement First Amendment, # the A&R Aegis Note, # the A&R Aegis Note Guaranty, and each other agreement, document or instrument evidencing or governing any of the Aegis Debt, whether existing now or in the future.
the Maker shall be permitted to incur and be liable for Indebtedness owing by (“Aegis”) under that certain Amended and Restated Secured Promissory Note dated as of issued to Aegis by the Maker in the original principal amount of (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Aegis Note”), which Aegis Note amended and restated that certain Secured Promissory Note in the original principal amount of that was originally issued to Aegis on pursuant to that certain Note Purchase Agreement by and among (“Craft Canning”) and Aegis dated as of (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Aegis Note Purchase Agreement”) (the Indebtedness permitted pursuant to this subclause (i), the “Aegis Indebtedness”), provided that any such Aegis Indebtedness is and shall be at all times pari passu with the Notes in the manner and to the extent set forth in that certain Intercreditor Agreement dated as of the date hereof, by and among (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Intercreditor Agreement”); provided, for the avoidance of doubt, that # the aggregate principal amount of Aegis Indebtedness that the Maker shall be permitted to incur and remain liable for pursuant to this [clause (i)] shall not exceed , and # the allowance for Aegis-LD Indebtedness provided by this [clause (i)] applies solely to permit Indebtedness issued by the Maker to Aegis under the Aegis Note, subject to the terms of the Intercreditor Agreement, and does not permit the issuance by Maker of Indebtedness to any Person other than Aegis;
Indebtedness. Upon the incurrence or issuance by the Borrower or any other Obligor of any Indebtedness for borrowed money (excluding any Permitted Advisor Loan) by such Borrower or such other Obligor, as applicable, 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. Create, incur, assume or suffer to exist any Indebtedness, except:
Indebtedness. Parent shall not, nor shall it permit any Restricted Subsidiary to, create, incur, assume, suffer to exist, guarantee, or otherwise become or remain, directly or indirectly, liable with respect to any Indebtedness, except for Permitted Indebtedness.
Indebtedness. Directly or indirectly, create, incur, assume or suffer to exist any Indebtedness, in the case of the Borrowers, issue any shares of Disqualified Stock or, in the case of any Restricted Subsidiary, issue any shares of Disqualified Stock or preferred stock, except:
Indebtedness. At any time during a Cash Dominion Event, within one (1) Business Day of the date of incurrence by any Loan Party of any Indebtedness (other than Capital Lease Obligations) in excess of $500,000 in the aggregate during the term of this Agreement (or in excess of $0 at any time while an Event of Default exists), Borrowers shall prepay the outstanding principal amount of the Obligations in accordance with Section 2.4(f) in an amount equal to one hundred percent (100%) of the Net Cash Proceeds received by such Person in connection with such incurrence. The provisions of this Section 2.4(e)(iv) shall not be deemed to be consent to any such incurrence otherwise prohibited by the terms and conditions of this Agreement.
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.