BoS Debt definition
BoS Debt means the outstanding principal of, accrued and unpaid interest on, any prepayment penalties or premiums, swap, hedging, break, redemption or other costs and charges on, and any other amounts payable with respect to, the facility made available to the Company and certain of its Group Companies pursuant to the terms of a third amendment and restatement agreement relating to a facilities agreement originally dated 18 December 2003 entered into on 2 March 2006 between the Company, certain Group Companies of the Company, the Governor and Company of the Bank of Scotland and others;
BoS Debt means all or any monies and liabilities which shall from time to time (and whether on or at any time after demand) be due, owing or incurred in whatsoever manner to BoS by the Company, whether actually or contingently, solely or jointly and whether as principal or surety and whether or not BoS shall have been an original party to the relevant transaction, and including interest, discount, commission and other lawful charges or expenses which BoS may in the course of its business charge or incur in respect of any of those matters or for keeping the Company's account, and so that interest shall be computed and compounded according to the usual BoS rates and practice as well after as before any demand made or decree obtained;
BoS Debt means any amounts owing to or secured by Elder Care Co or any member of the MHL Group in favour of BoS as more particularly described in the Priority Deed and the ranking of which is set out in the Priority Deed; BoS Warrant: means the warrant to be issued by New Group Holdco immediately following SPA Completion (in agreed form) in favour of BoS to subscribe for up to 10 Legacy Business Shares in New Group Holdco, which if exercised, would result in BoS having the rights conferred on the holder of Legacy Business Shares as set out in the as set out in the agreed form of Articles of Association of New Group Holdco which are to be adopted prior to SPA Completion; BTA: has the meaning ascribed in Recital (C);
Examples of BoS Debt in a sentence
The ranking provisions in this Agreement shall not prejudice the right of BoS to receive Preferential Payments provided that any Preferential Payments payable shall not be counted towards repayment of BoS Debt for the purposes of calculating the extent of any priority to which BoS is entitled under Clause 1.
This Deed shall apply in respect of the BoS Debt irrespective of any intermediate payment in whole of any of the BoS Debt and shall apply to the ultimate balance of the BoS Debt.
Any payments made to and/or received and/or retained by any of the Subordinated Creditors in contravention of the terms of this Deed shall be held on trust for BoS and shall be paid to BoS for application against BoS Debt.