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GENERAL31747
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GENERAL31747
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Last modified
8/24/2016 7:54:42 PM
Creation date
11/23/2007 7:04:44 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1977376
IBM Index Class Name
General Documents
Doc Name
SECURITY AGREEMENT
Media Type
D
Archive
No
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(iv) Indebtedness existing on the date hereof <br />which is described on Exhibit C hereto, provided, that: <br />(A) Guarantors and its subsidiaries may only make regularly <br />scheduled payments of principal and interest in respect of such <br />Indebtedness as set forth on Exhibit C, except as otherwise <br />provide below, (B) Guarantors will not, and will not permit any <br />subsidiary to, directly or indirectly, (1) make any prepayments <br />or other non-mandatory payments in respect oP any such <br />Indebtedness or (2) redeem, retire, defease, purchase or <br />otherwise acquire such Indebtedness, or set aside or otherwise <br />deposit or invest any sums Por such purpose or (3) amend, modify, <br />alter or change the terms of the arrangements relating thereto or <br />any agreement or instrument evidencing such Indebtedness, except <br />as to Indebtedness existing prior to the date of filing of <br />Guarantors' petitions for relief under the Bankruptcy Code, <br />Guarantors may amend, modify, alter or change the terms of such <br />Indebtedness to extend or postpone any repayment thereof after <br />prior written notice to Congress or Guarantors may otherwise <br />amend, modify, alter or change the terms of such Indebtedness in <br />form and substance satisfactory to Congress, provided, that, <br />nothing contained herein shall be deemed to constitute Congress' <br />consent to any plan of reorganization at any time proposed in the <br />Chapter 11 Cases, and (C) Guarantors and their subsidiaries will <br />furnish to Lender all notices, demands or other materials <br />concerning such indebtedness, promptly after receipt thereof or <br />concurrently with the sending thereof, as the case may be. <br />(i) Guarantors will not, and will not permit any <br />subsidiary to, create or suffer to exist any mortgage, pledge, <br />security interest, lien, encumbrance, defect in title or <br />restriction upon the use of their real or personal properties, <br />whether now owned or hereafter acquired, except: <br />(i) the liens or security interests in favor of <br />Lender; <br />(ii) tax, mechanics and other like statutory <br />liens arising in the ordinary course of each of Guarantors' or <br />their subsidiary's respective businesses to the extent (A) such <br />liens secure Indebtedness which is not overdue, except as set <br />forth on Exhibit E hereto or (B) until foreclosure or similar <br />proceedings shall have been commenced, such liens secure <br />Indebtedness relating to claims or liabilities which are being <br />contested in good faith by appropriate proceedings available to <br />each of Guarantors or their subsidiaries prior to the <br />commencement of foreclosure or other similar proceedings and are <br />adequately escrowed for or reserved against in Lender's judgment; <br />(iii) purchase money mortgages or other purchase <br />money liens or security interests upon any specific fixed assets <br />hereafter acquired, or mortgages, liens or security interests <br />- 9 - <br />
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