189 definition
189. Closing Date" shall have the meaning defined in Section 8.1.
189. “Total Debt” – means, at any time, with respect to the Borrower on a consolidated basis, the sum of all its Debt (including, for greater certainty, (i) amounts owing and outstanding under any IQ Loan Facility, (ii) Subordinated Debt, and (iii) amounts owing in respect of Permitted Acquisition Debt Obligations) and less any cash and cash equivalents not exceeding the sum of C$15,000,000 held in any Current Account or in any other deposit account maintained by the Borrower in respect of which the account bank has executed an account control agreement in favor of the Agent in form and substance acceptable to the Agent. 1.1.190 “Treasury Management Services” – means any treasury or cash management services provided from time to time by the Lenders or any of their Affiliates to the Borrower or any of its Subsidiaries including automatic clearinghouse, controlled disbursements, depository, electronic funds transfer, information reporting, lockbox, stop payment, overdraft, return items, interstate depository network, netting and/or wire transfer services. 1.1.191 “Unadjusted Benchmark Replacement” – means the applicable Benchmark Replacement excluding the related Benchmark Replacement Adjustment. 1.1.192 “Unfunded Capital Expenditures” – means, with respect to any period, the sum (without duplication) of all capital expenditures made by a Person during such period, where such expenditures are not funded (either in whole or in part) by way of a capital lease, equipment loan or for which no long term debt is assumed to finance such expenditure. For greater certainty, capital expenditures financed by the Credit Facility are considered unfunded. 1.1.193 “Unfunded Vested Liabilities” – means, for any Plan at any time, the amount (if any) by which the present value of all vested nonforfeitable accrued benefits under such Plan exceeds the fair market value of all Plan assets allocable to such benefits, all determined as of the then most recent valuation date for such Plan, but only to the extent that such excess represents a potential liability of a member of the Controlled Group to the PBGC or the Plan under Title IV of ERISA. 1.1.194 “US Base Rate” – means at any time the aggregate of (a) the rate of interest per annum equal to the higher of (i) the variable annual rate of interest established by the Agent from time to time as being the reference rate of interest it will use at such time in Canada to determine rates of interest on USDollar commercial loans to Canadian...
189. South Point Gas Supply Agreement" means that certain South Point Gas Supply Agreement, dated as of October 20, 1999 between Borrower and CPN Gas Marketing Company.
More Definitions of 189
189. Other Taxes" means any present or future stamp, court or documentary taxes or any other excise or property taxes, charges or similar levies which arise from any payment made hereunder or from the execution, delivery, performance, enforcement or registration of, or otherwise with respect to, this Agreement or any other Loan Document.