Permitted Indebtedness

Permitted Indebtedness. Means and includes: (1) Indebtedness of Borrower to Lender; (2) Indebtedness arising from the endorsement of instruments in the ordinary course of business; (3) Indebtedness existing on the date hereof and disclosed in the Schedule of Exceptions to the Credit Agreement; (4) Indebtedness of Borrower which is subordinated to the Indebtedness of Borrower under this Note; and which is in an aggregate original principal amount not to exceed $250,000 at any time and (5) Extensions, refinancings,... modifications, amendments and restatements of any items of Permitted Indebtedness above, provided that the principal amount thereof is not increased or the terms thereof are not modified to impose more burdensome terms upon Borrower. View More

Permitted Indebtedness. Means (i) the Indebtedness outstanding on the date of this Agreement, (ii) Indebtedness evidenced by this Note and the Other Notes, and (iii) unsecured Indebtedness incurred by the Company that is subordinate in right of payment to the Indebtedness evidenced by this Note.

Permitted Indebtedness. Capital leases and purchase money Indebtedness in an aggregate amount not to exceed $20,000,000.00 at any one time outstanding

Permitted Indebtedness. (i) Indebtedness of the Parent under this Note and/or any other Transaction Document, (ii) Indebtedness of the Parent set forth on Schedule 3(q) to the Securities Purchase Agreement, as in effect as of the Subscription Date, (iii) Indebtedness of the Parent incurred pursuant to accounts receivable and/or inventory financing, provided such is secured it is secured solely by the accounts receivable and/or inventory of the Company (iv) Indebtedness incurred for the acquisition of services,... supplies or inventory of the Parent on normal trade credit in the ordinary course of business; (v) Indebtedness of the Parent secured by Permitted Liens or unsecured as described in clauses (iv) and (v) of the definition of Permitted Liens, (vi) $1,400,000 of Indebtedness owed to Dentons USA LLP (Dentons) under terms of a settlement and release agreement dated May 11, 2017 by and between Dentons and the Parent (the Dentons Settlement Agreement), and (vii) Intercompany Indebtedness of the Parent (to the extent not prohibited by the Sanofi Documents) between the Parent, ICA-T and any wholly-owned Domestic Subsidiary of the Parent, to the extent so permitted under this Note View More

Permitted Indebtedness. (i) Indebtedness evidenced by this Note and the Other Notes; (ii) Indebtedness of any Excluded Subsidiary, (iii) any Indebtedness secured by a Permitted Lien (other than Indebtedness referred to in clause (iv) of the definition of "Permitted Lien"), (iv) Indebtedness incurred by the Company that is made expressly subordinate in right of payment to the Indebtedness evidenced by this Note, as reflected in a written agreement acceptable to the Holder and approved by the Holder in writing, and... which Indebtedness does not provide at any time for (1) the payment, prepayment, repayment, repurchase or defeasance, directly or indirectly, of any principal or premium, if any, thereon until ninety-one (91) days after the Maturity Date or later and (2) total interest and fees at a rate in excess of ten percent (10%) per annum (collectively, the "Subordinated Indebtedness"); provided, that in the aggregate outstanding at any time, such Subordinated Indebtedness does not exceed $30,000,000, (v) Indebtedness of the Company or any of its Subsidiaries and Excluded Subsidiaries existing on the Issuance Date, (vi) such other trade and operating Indebtedness incurred in the ordinary course of business by the Company (including any of the Company's Subsidiaries and Excluded Subsidiaries), including without limitation, unsecured trade debt, financing with respect to the acquisition or lease of equipment and financing of insurance premiums; provided that in the aggregate outstanding at any time, such Indebtedness does not exceed the greater of $2,000,000 or three-quarters of one percent (0.75%) of total assets as reported in the Company's most recent publicly filed Form 10-K or 10-Q reports, (vii) the Company's Series B Cumulative Convertible Preferred Stock outstanding on the date hereof, and (viii) additional Indebtedness of the Company in an amount up to $15,000,000 that may arise from an increase in the credit facility of Kinergy Marketing LLC by an equivalent amount and resulting from the Company's Contingent Obligations as a guarantor of the obligations arising under that facility, with the foregoing to be accomplished through an amendment and restatement of the facility. Notwithstanding anything to the contrary, Permitted Indebtedness of ICP Merger Sub, LLC, a Delaware limited liability company (as the surviving entity in the merger contemplated under the ICP Agreement, which is to be renamed as "Illinois Corn Processing, LLC" upon closing thereof, hereinafter "ICP") and ICP's direct and indirect subsidiaries (collectively, the "ICP Entities") shall not include any Indebtedness secured by a second priority security interest in any equity or assets of the ICP Entities; provided, however, that the foregoing shall not prohibit any such Indebtedness (a) issued by ICP to the sellers under the ICP Agreement to the extent preexisting liens result in a second priority security interest in certain assets of ICP in favor of the sellers, or (b) resulting from equipment leases. For the avoidance of doubt, any first priority security interest in any equity or assets of the ICP Entities is expressly permitted. View More

Permitted Indebtedness. Shall have the meaning ascribed to such term in the Debenture.

Permitted Indebtedness. Shall mean any Indebtedness incurred by Borrower on or after the date of this Agreement which has been approved by Lender in accordance with Section 7.1 (e) or Indebtedness incurred in the ordinary course of business or financing agreements or equipment leases and associated liens for equipment used in the business of the Borrower.

Permitted Indebtedness. (a) the indebtedness evidenced by the Loan Agreement and (b) any indebtedness existing on the Effective Date, and (c) any indebtedness in an amount up to $400,000 in the aggregate

Permitted Indebtedness. Clause (s) of the definition of "Permitted Indebtedness" set forth in Schedule 1.1 to the Existing Credit Agreement is hereby amended by deleting "$400,000,000" and replacing it with "$500,000,00"

Permitted Indebtedness. Means any Indebtedness of the Company or its Subsidiaries outstanding pursuant to the Credit Agreement.