GENERAL44265 - Laserfiche WebLink

Home Browse Search

r (d) New Tradestyles may be used by Borrower, but only if (i) Congress is given at least thirty (30) days prior written notice of the intended use of any new Tradestyle, which notice shall set forth the proposed new Tradestyle and the intended user(s) thereof and (ii) such supplemental financing statements as Congress shall request shall be executed and delivered by the intended user(s) for filing by Congress prior to the use of such new Tradestyle. 2.3 Indebtedness. Borrower will not, and will not. permit any subsidiary to, create, incur, assume or permit to ex..ist, contingently or otherwise, any Indebtedness, except: (a) Indebtedness to Congress; (b) Indebtedness consisting of unsecured current liabilities incurred in the ordinary course of its business (including such Indebtedness which may be an administraf:ive expense under the Bankruptcy Code); (c) Indebtedness incurred in the ordinary course of its business secured only by liens permitted under Section 2.4(b) and 2.4 (c) hereof; (d) Indebtedness existing on the date hereof: which is described on Exhibit C hereto, provided, that: (i) Borrower and its subsidiaries may only make regularly scheduled payments of principal and interest in respect of such Indebtedness as set forth on Exhibit C, except as otherwise provided below, (ii) Borrower will not, and will not permit any subsidiary to, directly or indirectly, (A) make any prepayments or other non-mandatory payments in respect of any such Indebtedness or (B) redeem, retire, defease, purchase or otherwise acquire such indebtedness, or set aside or otherwise deposit or invest any sums for such purpose or (C) amend, modify, alter or change the terms of the arrangements relating thereto or any agreement or instrument evidencing such Indebtedness, except as to Indebtedness existing prior to the date of filing of Borrower's petition for .relief under the Bankruptcy Code, Borrower may amend, modify, alter or change the terms of such indebtedness to extend or postpone any repayment thereof after prior written notice to Congress or Borrower may otherwise amend, modify, alter or change the terms of such Indebtedness in form and substance satisfactory to Congress, provided, that, nothihq contained herein shall be deemed to constitute Congress' consent to any plan of reorgani2ation at any time proposed in the Chapter 11 Case, and (iii) Borrower and its subsidiaries will furnish to Congress all notices, demands or other materials concerning such Indebtedness, promptly after receipt thereof or concurrently with the sending thereof, as the case may be. -6-