Permitted Indebtedness

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.

Permitted Indebtedness. The Senior Indebtedness, and extensions, refinancings, modifications and amendments of the Senior Indebtedness, provided, however, that, except as set forth in Section 11 of the Subordination Agreement, no such extension, refinancing, modification or amendment shall have the effect of increasing the principal amount of the Senior Indebtedness, and provided, further, that, except as set forth in Section 11 of the Subordination Agreement, any refinancing of the Senior Indebtedness shall be for a... term not exceeding the remaining term of the Senior Indebtedness, at an interest rate not exceeding the interest rate of the Senior Indebtedness, with the same amortization schedule as the Senior Indebtedness and otherwise on the substantially the same terms and conditions as the Senior Indebtedness View More

Permitted Indebtedness. (a) the Indebtedness evidenced by the Notes, (b) the Indebtedness existing on the Original Issue Date and set forth on Schedule 3.21 attached to this Agreement, (c) lease obligations and purchase money indebtedness of up to $500,000, in the aggregate, incurred in connection with the acquisition of capital assets and lease obligations with respect to newly acquired or leased assets, and (d) interest accruing after the date hereof on the aforesaid items

Permitted Indebtedness. Indebtedness in an aggregate principal amount outstanding at any one time not to exceed $300.0 million plus, in connection with the incurrence of any Refinancing Indebtedness in respect of Indebtedness incurred under this clause (n), the aggregate principal amount of additional Indebtedness incurred to fund accrued interest, premiums (including tender premiums) and fees and expenses incurred in connection with the refinancing of such Indebtedness.

Permitted Indebtedness. (a) the indebtedness evidenced by the Notes, and (b) the indebtedness existing on the Effective Date and set forth on Schedule 4(c) of the Disclosure Schedules.