Funded Debt Amount definition

Funded Debt Amount means the least of (i) $450,000,000, (ii) an amount sufficient to enable Parent and Acquisition Sub to pay the Funding Obligations required to be paid on the Closing Date (assuming receipt of the gross proceeds of the Equity Financing and the use of all Company Cash on Hand in excess of $100,000,000), and (iii) the amount of the Debt Financing requested to be funded by Parent in a notice to the Debt Financing Sources.

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Funded Debt Amount means, for any Borrower, as of any date, all Indebtedness of such Borrower on a consolidated basis excluding Indebtedness of any Designated Subsidiaries of such Borrower plus all MergerCo Preferred Shares of such Borrower.

Funded Debt Amount means, as of the data of determination, the liabilities and obligations of CMI (on a consolidated basis) with respect to the outstanding principal amount of all indebtedness for borrowed money plus accrued interest thereof and all fees, expenses, prepayment penalties (but only to the extent such prepayment penalty is required to be paid as a result of the merger and pursuant to the terms of the relevant debt document) and other charges as of such date (but not including the indebtedness of joint ventures of CMI and its subsidiaries). GOLD SEAL APPEARS ONLY ON ORIGINAL RESTATED ARTICLES OF INCORPORATION FOR USE BY DOMESTIC PROFIT CORPORATIONS (Please read information and instructions on last page) Pursuant to the provisions of Act 284, Public Acts of 1972, the undersigned corporation executes the following Articles:

Examples of Funded Debt Amount in a sentence

As long as any Securities of a series entitled to the benefit of this covenant are outstanding the Company will not permit any Restricted Subsidiary to incur or assume any Funded Debt if immediately after the incurrence or assumption of such Funded Debt, the aggregate outstanding principal amount of all Funded Debt of the Restricted Subsidiaries would exceed fifteen percent (15%) of the Maximum Funded Debt Amount.
No amount shall be included on the Post-Closing Statement, the Estimated Closing Date Net Working Capital or the Closing Date Net Working Capital, in each case, with respect to liabilities for the Outstanding Company Expenses paid in accordance with this Section 3.4. For the avoidance of doubt, no amounts payable in connection with the repayment of the Closing Date Funded Debt Amount shall be included in the Outstanding Company Expenses.
In the event any such notice of disagreement is timely provided, Acquiror and the Seller shall use reasonable best efforts for a period of thirty (30) days (or such longer period as they may mutually agree) to resolve any disagreements with respect to the calculations of the Closing Date Net Working Capital, the Closing Date Funded Debt Amount, the Closing Date Cash Amount and/or the Closing Date Outstanding Company Expenses.
Each of Acquiror and the Seller shall promptly provide their assertions regarding the Closing Date Net Working Capital, the Closing Date Funded Debt Amount, the Closing Date Cash Amount and/or the Closing Date Outstanding Company Expenses and, to the extent relevant thereto, the Post-Closing Statement, in writing to the Independent Accountant and to each other.
The date on which the Closing Date Net Working Capital, the Closing Date Funded Debt Amount, the Closing Date Cash Amount and the Closing Date Outstanding Company Expenses are finally determined in accordance with this Section 3.3(b) is hereinafter referred to as the “Determination Date”.

More Definitions of Funded Debt Amount

Funded Debt Amount means, as of the date of any determination, (x) all liabilities of the Company and its Subsidiaries with respect to the outstanding principal amount of all indebtedness for borrowed money plus accrued interest thereon and all fees, expenses, prepayment penalties and other charges with respect thereto, PLUS (y) that portion of the obligations of the Company and its Subsidiaries with respect to capital leases that are properly classified as a liability on the balance sheet prepared in accordance with GAAP, applied consistently with the 1996 Financial Statements.

Funded Debt Amount means the aggregate amount of indebtedness for borrowed money as of March 31, 2004 by the Companies set forth on Schedule 2.1(a)(i) as reduced by $1,250,000.

Funded Debt Amount means, as of the date of any determination, the Company's and its Subsidiaries' liabilities and obligations with respect to outstanding principal amount of all indebtedness for borrowed money plus accrued interest thereon and all fees, expenses, prepayment penalties (but only to the extent such prepayment penalty is required to be paid as a result of the Merger pursuant to the terms of the relevant debt document) and other charges due as of such date but not including the indebtedness of the Joint Ventures.

Funded Debt Amount shall be determined as of opening of business on the Closing Date and shall be equal to all interest- bearing debt obligations of the Companies, including interest bearing 11 - 7 - obligations for borrowed money and US purchase-money mortgages and capitalized lease obligations (i.e. lease obligations which according to the accounting principles set forth in Schedule 4.5.a have to be capitalized) whether or not normally set forth on the Companies' balance sheets (but exclusive of inter-Companies debt) less the amount of cash and cash equivalents excluded in the determination of the Net Working Capital Amount.

Funded Debt Amount means, without duplication, an amount equal to the sum of (a) the aggregate amount of all principal, interest, fees, expenses and other amounts in respect of money borrowed by the Company from M▇▇▇▇▇▇ L▇▇▇▇ Capital Corporate Finance (a unit of M▇▇▇▇▇▇ L▇▇▇▇ Business Financial Services Inc.)(“ML”), (b) any other obligations of the Company for borrowed money, capital lease obligations, dividends payable to any Seller (excluding any pre-Closing payment to Sellers pursuant to the provisions of Section 1.4(c)), bonus payables to Sellers or any Affiliate of the Company, and purchase money indebtedness, (c) indebtedness of the type described in clauses (a) or (b) above guaranteed, directly or indirectly, in any manner by the Company, or in effect guaranteed, directly or indirectly, in any manner by the Company, through an agreement, contingent or otherwise, to supply funds to, or in any other manner invest in, the debtor, or to purchase indebtedness, or to purchase and pay for property if not delivered or to pay for services if not performed, primarily for the purpose of enabling the debtor to make payment of the indebtedness or to assure the owners of the indebtedness against loss, but excluding endorsements of checks and other instruments in the ordinary course, (d) Sellers’ Expense Amount, and (e) interest expense accrued and unpaid, and all prepayment premiums on or relating to any of such indebtedness, provided, however, the term “Funded Debt Amount” shall not include any principal, interest, fees, expenses and other amounts which the Company becomes or may become obligated to pay subsequent to Closing pursuant to the LC’s.

Funded Debt Amount has the meaning set forth in Section 2.5(c).

Funded Debt Amount means the Closing Debt Amount, excluding (a) capital lease obligations and (b) guarantees, or assurances to a creditor against, a loss with respect to the obligations described in clause (a).