Permitted Debt Exchange definition

Permitted Debt Exchange shall have the meaning provided in Section 2.15(a).
Permitted Debt Exchange has the meaning specified in Section 2.18(a).
Permitted Debt Exchange as defined in Subsection 2.9(a).

Examples of Permitted Debt Exchange in a sentence

  • All other projects in the pre-2012/13 programme have successfully been completed.

  • The Borrower shall provide the final results of such Permitted Debt Exchange to the Administrative Agent no later than three (3) Business Days prior to the proposed date of effectiveness for such Permitted Debt Exchange (or such shorter period agreed to by the Administrative Agent in its sole discretion) and the Administrative Agent shall be entitled to conclusively rely on such results.

  • The Administrative Agent and the Lenders hereby acknowledge and agree that the provisions of Sections 2.05, 2.06 and 2.13 do not apply to the Permitted Debt Exchange and the other transactions contemplated by this Section 2.17 and hereby agree not to assert any Default or Event of Default in connection with the implementation of any such Permitted Debt Exchange or any other transaction contemplated by this Section 2.17.

  • Notwithstanding anything to the contrary herein, no Lender shall have any obligation to agree to have any of its Loans exchanged pursuant to any Permitted Debt Exchange Offer.

  • Be it resolved that the Planning and Community Development Committee minutes dated July 20th, 2004, be adopted as circulated.


More Definitions of Permitted Debt Exchange

Permitted Debt Exchange has the meaning specified in Section 2.16(a). “Permitted Debt Exchange Notes” has the meaning specified in Section 2.16(a). “Permitted Debt Exchange Offer” has the meaning specified in Section 2.16(a). “Permitted Equity Issuance” means any sale or issuance of any Qualified Equity Interests of Holdings or any direct or indirect parent of Holdings, in each case to the extent permitted hereunder. “Permitted Holder” means any of the Investors. “Permitted Indebtedness” means: (1) the incurrence of Indebtedness pursuant to the ABL Facility by Holdings or any Restricted Subsidiary and the issuance and creation of letters of credit and bankers’ acceptances thereunder (with letters of credit and bankers’ acceptances being deemed to have a principal amount equal to the undrawn face amount thereof); provided that the aggregate principal amount of such Indebtedness outstanding pursuant to this clause (1) without duplication, does not exceed an amount equal to the sum of (i) greater of (x) $575,000,000 and (y) the Borrowing Base at the time of incurrence thereof at the time such debt is incurred plus (ii) the Unrestricted ABL Incremental Amount; (2) the incurrence of Indebtedness pursuant to the Loan Documents; (3) [reserved]; (4) Indebtedness of Holdings and the Restricted Subsidiaries in existence on the Closing Date and set forth on Schedule 7.03; (5) Indebtedness (including Capitalized Lease Obligations) and Disqualified Stock incurred or issued by Holdings or any Restricted Subsidiary and Preferred Stock issued by any Restricted Subsidiary, to finance the purchase, lease or improvement of property (real or personal), equipment or other assets, including assets that are used or useful in a Similar Business, whether through the direct purchase of assets or the Capital Stock of any Person owning such assets in an aggregate principal amount, together with any Refinancing Indebtedness in respect thereof and all other Indebtedness, Disqualified Stock and/or Preferred Stock incurred or issued and outstanding under this clause (5), not to exceed the greater of (A) $65,000,000 and (B) 30.0% of EBITDA of Holdings and its Restricted Subsidiaries for the most recently ended Test Period at any time outstanding; (6) Indebtedness incurred by Holdings or any Restricted Subsidiary constituting reimbursement obligations with respect to letters of credit, bank guarantees, banker’s acceptances, warehouse receipts, or similar instruments issued or created in the ordinary course of bus...
Permitted Debt Exchange shall have the meaning provided in Section 2.17(a). “Permitted Debt Exchange Instruments” shall have the meaning provided in Section 2.17(a). “Permitted Debt Exchange Offer” shall have the meaning provided in Section 2.17(a). “Permitted Encumbrances” shall mean: (a) Liens for taxes, assessments or governmental charges or claims (including Liens imposed by the PBGC or similar Liens) not yet delinquent or that are being contested in good faith and by appropriate proceedings for which appropriate reserves have been established to the extent required by and in accordance with GAAP or that are not required to be paid pursuant to Section 9.4; (b) Liens in respect of property or assets of the Borrower or any Restricted Subsidiary imposed by Applicable Law, such as carriers’, landlords’, construction contractors’, warehousemen’s and mechanics’ Liens and other similar Liens, arising in the ordinary course of business, in respect of amounts not more than 60 days overdue and not being contested so long as such Liens arise in the ordinary 58 course of business and do not individually or in the aggregate have a Material Adverse Effect; (c) Liens arising from judgments or decrees in circumstances not constituting an Event of Default under Section 11.9; (d) Liens incurred or deposits made in connection with workers’ compensation, unemployment insurance, employee benefit and pension liability and other types of social security or similar legislation, or to secure the performance of tenders, statutory obligations, trade contracts (other than for payment of Indebtedness), leases, statutory obligations, surety, stay, customs and appeal bonds, bids, leases, government contracts, surety, performance and return-of-money bonds and other similar obligations, in each case incurred in the ordinary course of business or otherwise constituting Investments permitted by Section 10.5; (e) ground leases or subleases, licenses or sublicenses in respect of Real Estate on which facilities owned or leased by the Borrower or any of the Restricted Subsidiaries are located; (f) easements, rights-of-way, licenses, reservations, servitudes, permits, conditions, covenants, rights of others, restrictions (including zoning restrictions), royalty interests and leases, minor defects, exceptions or irregularities in title or survey, encroachments, protrusions and other similar charges or encumbrances (including those to secure health, safety and environmental obligations), which do not interfere in any...
Permitted Debt Exchange as defined in Subsection 2.7(a) of the Term Loan Credit Agreement.
Permitted Debt Exchange shall have the meaning provided in Section 2.15(a). “Permitted Debt Exchange Notes” shall have the meaning provided in Section 2.15(a). “Permitted Debt Exchange Offer” shall have the meaning provided in Section 2.15(a).
Permitted Debt Exchange as defined in Section 2.7(a). 1003003016v2 #895889271003585382v58
Permitted Debt Exchange as defined in Section 2.27(a). “Permitted Debt Exchange Notes”: as defined in Section 2.27(a). 33 [[6103614]]
Permitted Debt Exchange means (i) a Permitted Debt Exchange (as defined in the General Credit Facilities in effect on the Issue Date) or (ii) any issuance of debt securities in exchange for term loans under the General Credit Facilities that are outstanding on the Issue Date; provided that no transaction shall be deemed to be a Permitted Debt Exchange pursuant to clauses (i) or (ii) of this definition to the extent that it relates to indebtedness whose principal amount exceeds $3,000,000,000, when taken together with the aggregate principal amount of indebtedness under the General Credit Facilities that has been subject to a Permitted Debt Exchange (pursuant to either clause (i) or (ii) of this definition) after the Issue Date; and provided further, solely for the avoidance of doubt, a term loan extension transaction shall not constitute a Permitted Debt Exchange.