Credit Agreement Refinancing Indebtedness. (22) Indebtedness of the Borrower or any of its Restricted Subsidiaries undertaken in connection with cash management and related activities with respect to any Subsidiary or joint venture in the ordinary course of business; and
Credit Agreement Refinancing Indebtedness. If Parent Borrower incurs or issues any Credit Agreement Refinancing Indebtedness, Parent Borrower shall, substantially contemporaneously with such incurrence or issuance, prepay the Class or Classes of Term Loans constituting Refinanced Debt with respect to such Credit Agreement Refinancing Indebtedness in an aggregate amount equal to 100% of the Net Cash Proceeds of such issuance. Notwithstanding anything to the contrary contained in this Agreement, the Borrower may rescind or amend any notice of prepayment under this Section 2.14(i) if such prepayment would have resulted from an issuance of Credit Agreement Refinancing Indebtedness, which issuance shall not be consummated or shall otherwise be delayed.
Credit Agreement Refinancing Indebtedness. For purposes of determining compliance with this covenant, in the event that any proposed Indebtedness meets the criteria of more than one of the categories described in clauses (c) through (t) above, or is entitled to be Incurred pursuant to Section 7.03(b) hereof, the Borrower will be permitted to classify such item of Indebtedness at the time of its Incurrence in any manner that complies with this Section 7.03. In addition, any Indebtedness originally classified as Incurred pursuant to clauses (c) through (t) above may later be reclassified by the Borrower such that it will be deemed as having been incurred pursuant to another of such clauses to the extent that such reclassified Indebtedness could be Incurred pursuant to such new clause at the time of such reclassification. Notwithstanding any other provision of this Section 7.03, the maximum amount of Indebtedness that may be Incurred pursuant to this Section 7.03 will not be deemed to be exceeded with respect to any outstanding Indebtedness due solely to the result of fluctuations in the exchange rates of currencies. The Borrower will not Incur any Indebtedness that is subordinate in right of payment to any other Indebtedness of the Borrower unless it is subordinate in right of payment to the Loans to the same extent. The Borrower will not permit any Guarantor to Incur any Indebtedness that is subordinate in right of payment to any other Indebtedness of such Guarantor unless it is subordinate in right of payment to such Guarantor’s Guaranty to the same extent. For purposes of the foregoing, no Indebtedness will be deemed to be subordinated in right of payment to any other Indebtedness of the Borrower or any Guarantor, as applicable, solely by reason of any Liens or Document Number: 1345735 -87- Guarantees arising or created in respect thereof or by virtue of the fact that the holders of any secured Indebtedness have entered into intercreditor agreements giving one or more of such holders priority over the other holders in the collateral held by them.
Credit Agreement Refinancing Indebtedness. Notwithstanding anything to the contrary herein, if a Collateral Release Period is then in effect, no Indebtedness secured by Collateral may be incurred under Section 7.03(h)(ii), 7.03(z) or 7.03(aa) during such Collateral Release Period.
Credit Agreement Refinancing Indebtedness. (in the case of each of the foregoing clauses (A), (B), (C) and, (D) and (E), as capitalized terms not defined herein are defined in each of the Term Facility Credit Agreement)Agreements), in each case, at any time outstanding and not incurred in violation of Section 9.3(f), in each case and, in respect of clauses (i) and (ii), any Permitted Refinancing thereof;
Credit Agreement Refinancing Indebtedness. (a) On one or more occasions, the Borrower may obtain, from any Lender or any other bank or financial institution or other institutional lender or investor that would constitute an Eligible Assignee if it were purchasing Loans hereunder and that agrees to provide any portion of Refinancing Term Commitments, Refinancing Term Loans, Other Revolving Credit Commitments, or Other Revolving Loans, Credit Agreement Refinancing Indebtedness in the form of Refinancing Term Commitments, Refinancing Term Loans, Other Revolving Credit Commitments or Other Revolving Loans, in each case pursuant to a Refinancing Amendment in accordance with this Section 2.14 (each, an “Additional Refinancing Lender”); provided that (i) the Administrative Agent and each L/C Issuer shall have consented (such consent not to be unreasonably withheld, conditioned, or delayed) to such Lender’s or Additional Refinancing Lender’s providing such Refinancing Term Commitments, Refinancing Term Loans, Other Revolving Credit Commitments or Other Revolving Loans to the extent such consent, if any, would be required under Section 10.06 for an assignment of Refinancing Term Commitments, Refinancing Term Loans, Other Revolving Credit Commitments, or Other Revolving Loans, as applicable, to such Lender or Additional Refinancing Lender; provided, further, that the following terms are satisfied:
Credit Agreement Refinancing Indebtedness. (i) Notwithstanding anything to the contrary in this Agreement, the Borrower may by written notice to and with the consent of, the Administrative Agent request the establishment of (A) one or more additional tranches or classes of term loans under this Agreement (“Refinancing Term Loans”) which refinance, renew, replace, defease or refund (collectively, “Refinance”), in whole or in part, one or more classes of outstanding Term Loans or (B) one or more additional revolving facilities under this Agreement providing for revolving commitments (“Replacement Revolving Commitments” and, the revolving loans thereunder, “Replacement Revolving Loans,” together the with refinancing term Loans, the “Refinancing Facility”) which Refinance one or more classes of Revolving Commitments or Revolving Facility Increases under this Agreement. Each such notice shall specify the date (each, a “Refinancing/Replacement Effective Date”) on which the Borrower proposes that the Refinancing Term Loans or Replacement Revolving Loans as applicable be made and the Replacement Revolving Commitments be available, which such date shall be not less than five (5) Business Days after the date on which such notice is delivered to Administrative Agent (or such later date as may be approved by the Administrative Agent).
Credit Agreement Refinancing Indebtedness. The definition of "Credit Agreement Refinancing Indebtedness" in Section 1.01 of the Credit Agreement is hereby amended by (x) replacing the parenthetical in clause (a) thereof with "(the "Refinancing Term Facilities" and each a "Refinancing Term Facility")", (y) replacing each reference therein to "Refinancing Term Loan Facility" with "Refinancing Term Facility" and (z) adding the words ", to the extent not representing Loans or Commitments hereunder," immediately after the words "shall be" in clause (i) of the proviso thereto.
Credit Agreement Refinancing Indebtedness. (a) Notwithstanding anything to the contrary in this Agreement, the Borrower may by written(i) notice to and with the consent of, the Administrative Agent request the establishment of (A) one or more additional tranches or classes of term loans under this Agreement (“Refinancing Term Loans”) which refinance, renew, replace, defease or refund (collectively, “Refinance”), in whole or in part, one or more classes of outstanding Term Loans or (B) one or more additional revolving facilities under this Agreement providing for revolving commitments (“Replacement Revolving Commitments” and, the revolving loans thereunder, “Replacement Revolving Loans,” together the with refinancing term Loans, the “Refinancing Facility”) which Refinance one or more classes of Revolving Commitments or Revolving Facility Increases under this Agreement. Each such notice shall specify the date (each, a “Refinancing/Replacement Effective Date”) on which the Borrower proposes that the Refinancing Term Loans or Replacement Revolving Loans as applicable be made and the Replacement Revolving Commitments be available, which such date shall be not less than five (5) Business Days after the date on which such notice is delivered to Administrative Agent (or such later date as may be approved by the Administrative Agent). The Borrower may invite any Lender, any Affiliate of any Lender and/or any Approved(ii) Fund, and/or any other Person that meets the requirements of an Eligible Assignee of the Indebtedness or Commitments being Refinanced to provide all or a portion of the requested Refinancing Term Loan or Replacement Revolving Commitments, as applicable; provided that (A) in the case of a Refinancing Term Loan, the consent of the Administrative Agent has been received with respect to any proposed Refinancing Term Lender that is not already a Lender, an Affiliate of a Lender or an Approved Fund and (B) in the case of a Replacement Revolving Commitment, the consent of each of the Administrative Agent and the Issuing Lenders shall have been received with respect to any proposed lender of the Replacement Revolving Loans (the “Replacement Revolving Lender”) that is not already a Lender with a Revolving Commitment of the class of Revolving Commitments being Refinanced or an Affiliate of any such Lender. At the time of sending such notice, the Borrower (in consultation with the Administrative Agent) shall specify the time period within which each proposed Refinancing Term Lender or Replacement Revo...
Credit Agreement Refinancing Indebtedness
