Debt of the Borrower. The Borrower and the First Union Lender agree to treat the Loan as debt for federal, state and local income and franchise tax purposes. Each party shall notify and provide the other with reasonable assistance in the event of an examination, audit or other proceeding regarding such characterization.
Debt of the Borrower or any of its Subsidiaries of the type described in clause (g) or (h) of the definition of "Debt" relating to Debt of Persons that are not Subsidiaries of the Borrower in which the Borrower or any of its Subsidiaries has an equity interest or of direct or indirect unconsolidated Subsidiaries of the Borrower, in each case, of the Borrower and its Subsidiaries as of the last day of the immediately preceding fiscal quarter of the Borrower as determined on a Consolidated basis in accordance with GAAP.
Debt of the Borrower under this Agreement or the Note;
Debt of the Borrower owing to any Restricted Subsidiary and of any Restricted Subsidiary owing to the Borrower or any other Restricted Subsidiary; provided that such Debt is not held, assigned, transferred, negotiated or pledged to any Person other than the Borrower or a Guarantor; and provided further, that any such Debt owed by either the Borrower or a Guarantor shall be subordinated to the Obligations on terms set forth in the Facility Guaranty;
Debt of the Borrower and any Guarantor under this Agreement or the Notes;
Debt of the Borrower or any Guarantor under letters of credit and performance bonds of the Borrower and/or any Guarantor arising in the ordinary course of business which shall not exceed in the aggregate at any one time $75,000,000; and
Debt of the Borrower. The Borrower shall not have any Debt at any time other than (a) the Loans, (b) Debt owed to the Guarantor or any Consolidated Subsidiary, (c) Debt incurred pursuant to a commercial paper program in an aggregate amount outstanding at such time not in excess of the unused portion of the Commitments at such time and (d) other Debt in an aggregate amount outstanding at such time not in excess of $25,000,000.
Debt of the Borrower. Allow the aggregate principal amount of Debt (other than commercial paper and the obligations referred to in clause (v) of the definition of the term "Debt") of the Borrower that is created or incurred after the Amendment and Restatement Effective Date and scheduled to amortize or mature prior to the date that is six months after the Termination Date (as defined in the Existing Five-Year Credit Agreement) to exceed $50,000,000 at any one time outstanding.
Debt of the Borrower that is subordinated to the Borrower's obligations hereunder on terms and conditions satisfactory to the Bank.
Debt of the Borrower. Allow the aggregate principal amount of Debt (other than Excluded Debt) of the Borrower that is created or incurred after the Effective Date (including any refinancing or replacement thereof) and scheduled to amortize or mature prior to the date that is three months after the Termination Date to exceed $75,000,000 at any one time outstanding.
