Incremental Equivalent First Lien Debt definition

Incremental Equivalent First Lien Debt has the meaning set forth in Section 7.03(q).
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Incremental Equivalent First Lien Debt has the meaning specified therefor in clause (t) of the definition of “Permitted Indebtedness”.
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Incremental Equivalent First Lien Debt means Incremental Equivalent Debt that is secured on a pari passu basis with the Obligations.
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More Definitions of Incremental Equivalent First Lien Debt

Incremental Equivalent First Lien Debt means Incremental Equivalent Debt that is secured on a pari passu basis with the Obligations. “Incremental Equivalent Junior Debt” means Incremental Equivalent Debt that is secured on a junior lien basis with the Obligations or is unsecured. “Incremental Facility” has the meaning set forth in Section 2.13(a). 172 KE 73718588.20 US-DOCS\142539518.2141222994.8 “Incremental Facility Closing Date” has the meaning set forth in Section 2.13(e). “Incremental First Lien Term Loans” means Incremental Term Loans that are secured on a pari passu basis with the Obligations. “Incremental Junior Term Loans” means Incremental Term Loans that are secured on a junior lien basis with the Obligations or are unsecured. “Incremental Lenders” has the meaning set forth in Section 2.13(d). “Incremental Loan Request” has the meaning set forth in Section 2.13(a). “Incremental Revolving Credit Commitments” has the meaning set forth in Section 2.13(a). “Incremental Revolving Credit Loan” has the meaning set forth in Section 2.13(c). “Incremental Term Commitments” has the meaning set forth in Section 2.13(a). “Incremental Term Loan” has the meaning set forth in Section 2.13(b). “Indebtedness” means, as to any Person at a particular time, without duplication, all of the following: (a) all obligations of such Person for borrowed money and all obligations of such Person evidenced by bonds, debentures, notes, loan agreements or other similar instruments; (b) the maximum amount (after giving effect to any prior drawings or reductions which may have been reimbursed) of all outstanding letters of credit (including standby and commercial), bankers’ acceptances, bank guaranties, surety bonds, performance bonds and similar instruments issued or created by or for the account of such Person; (c) net obligations of such Person under any Secured Interest Rate Hedge Agreement, it being understood that for purposes hereof the “net obligations” of a Person shall be the Swap Termination Value thereof; (d) all obligations of such Person to pay the deferred purchase price of property or services (other than (i) trade accounts and accrued expenses payable in the ordinary course of business and (ii) any earn-out obligation until such obligation becomes a liability on the balance sheet of such Person in accordance with GAAP and (iii) accruals for payroll and other liabilities accrued in the ordinary course); (e) indebtedness (excluding prepaid interest thereon) secured by a Lien on property owned or being p...
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Incremental Equivalent First Lien Debt or (y) and secured on a junior Lien basis to the Facilities (“Incremental Equivalent Junior Lien Debt”), in each case and any Permitted Refinancing thereof, in an aggregate principal amount under this clause (q), when aggregated with the amount of Incremental Term Loans and Incremental Revolving Credit Commitments pursuant to Section 2.14(d)(v)(A) and Incremental Equivalent Unsecured Debt incurred pursuant to Section 7.03(u), not to exceed $590,000,000the Incremental Base Amount; provided that such Indebtedness shall (A) in the case of clause (x) above, have a maturity date that is after the Latest Maturity Date at the time such Indebtedness is incurred, and in the case of clause (y) above, have a maturity date that is at least ninety-one (91) days after the Latest Maturity Date at the time such Indebtedness is incurred, (B) in the case of clause (x) above, have a Weighted Average Life to Maturity not shorter than the longest remaining Weighted Average Life to Maturity of the Facilities and, in the case of clause (y) above, shall not be subject to scheduled amortization prior to maturity, (C) if such Indebtedness is incurred or guaranteed on a securedjunior lien basis by a Loan Party with respect to Collateral, be subject to the Junior Lien Intercreditor Agreement and, if the Indebtedness is secured on a pari passu basis with the Facilities, be (x) in the form of debt securities and (y) subject to the First Lien Intercreditor Agreement and the ABL Intercreditor Agreement and (D) have terms and conditions (other than (x) pricing, rate floors, discounts, fees, premiums and optional prepayment or redemption provisions and (y) covenants or other provisions applicable only to periods after the Latest Maturity Date at the time of incurrence of such Indebtedness and to the extent any financial maintenance covenant is added for the benefit of such Incremental Equivalent First Lien Debt or Incremental Equivalent Junior Lien Debt, to the extent that such financial maintenance covenant is also added for the benefit of each Facility remaining outstanding after the incurrence or issuance of such Incremental Equivalent First Lien Debt or Incremental Equivalent Junior Lien Debt, as applicable) that (1) in the good faith determination of the Borrower are not materially less favorable (when taken as a whole) to the Borrower than the terms and conditions of the Loan Documents (when taken as a whole) or reflect market terms and conditions (taken as a whole) at the time of in...
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Incremental Equivalent First Lien Debt means Incremental Equivalent Secured Debt that is secured on a pari passu basis with the Collateral. “ Incremental Equivalent Junior Debt ” means Incremental Equivalent Secured Debt that is secured on a junior Lien basis to the Obligations.
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Incremental Equivalent First Lien Debt has the meaning assigned thereto in Section 6.01(a)(iv) ..“Incremental Equivalent Junior Lien Debt ” has the meaning assigned thereto in Section 6.01(a)(iv) ..“Incremental Equivalent Non-Collateral Debt ” has the meaning assigned thereto in Section 6.01(a)(iv) ..“Incremental Equivalent Unsecured Debt ” has the meaning assigned thereto in Section 6.01(a)(iv) ..“Incremental Facilities ” has the meaning assigned to such term in Section 2.21(a) ..“Incremental Facility Amendment ” has the meaning assigned to such term in Section 2.21(e) ..-27-141683210_5 163765871_7 22-31184-1 C1.1 P49
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Related to Incremental Equivalent First Lien Debt

  • Incremental Equivalent Debt means Indebtedness incurred by the Loan Parties in the form of senior secured or unsecured notes or loans or junior secured or unsecured notes or loans and/or commitments in respect of any of the foregoing issued, incurred or implemented in lieu of loans under an Incremental Facility; provided, that:

  • Incremental Facility has the meaning specified in Section 2.16(a).

  • Incremental Loans has the meaning assigned to such term in Section 2.22(a).

  • Existing Revolving Credit Facility means the $600,000,000 (subject to increase in accordance with its terms) revolving credit facility evidenced by that certain Amended and Restated Revolving Credit Agreement dated as of June 14, 2022 by and among the Borrower, the Parent, the lenders from time to time party thereto as “Lenders”, and JPMorgan Chase Bank, N.A., as Agent.

  • Maximum Incremental Facilities Amount means, at any date of determination, (a) the sum of (i) $500,000,000, plus (ii) an amount such that the Borrower is in Pro Forma Compliance with the Senior Secured Leverage Test (for the avoidance of doubt without netting any cash from the proceeds of any Indebtedness being incurred in reliance on such test and, if applicable, assuming the full amount of any New Revolving Credit Commitments are drawn), plus (iii) amounts used to incur Indebtedness the Net Cash Proceeds of which are substantially concurrently used to refinance or replace Revolving Credit Commitments and/or Term Loans (including any fees, accrued interest or other amounts owing in respect thereof), plus (iv) from and after the 2012 Extension Effective Date, the aggregate principal amount of 2014 Term Loans outstanding as of such date of determination, provided that such additional amounts pursuant to this clause (iv) are only available to the extent such amounts are used to incur Indebtedness the Net Cash Proceeds of which are substantially concurrently used to prepay 2014 Term Loans in accordance with Section 5.1 of this Agreement (such prepaid 2014 Term Loans, “Incremental Facility Prepaid 2014 Term Loans”) plus (v) the Dollar Equivalent principal amount of Term Loans (other than New Term Loans, Incremental Facility Prepaid 2014 Term Loans or Term Loans refinanced or replaced pursuant to clause (iii) above) voluntarily prepaid pursuant to Section 5.1 prior to such date, plus (vi) the amount of all Revolving Credit Commitments that have either been permanently reduced pursuant to Section 4.2 or have otherwise terminated in accordance with the terms of this Agreement after the 2012 Extension Effective Date (without duplication of the amounts incurred pursuant to clause (iii) above) minus (b) the sum of (i) the aggregate principal amount of New Loan Commitments incurred pursuant to Section 2.14(a) prior to such date and (ii) the aggregate principal amount of Permitted Other Indebtedness issued or incurred pursuant to Section 10.1(bb)(i)(a) prior to such date.

  • Specified Refinancing Term Loans means Specified Refinancing Debt constituting term loans.

  • Extended Revolving Credit Facility means each Class of Extended Revolving Credit Commitments established pursuant to Section 2.15(a)(ii).

  • Revolving Credit Facility means, at any time, the aggregate amount of the Revolving Credit Lenders’ Revolving Credit Commitments at such time.

  • Incremental Term Loan Facility has the meaning set forth in Section 2.16(a).

  • Term Facility Maturity Date means, as the context may require, (a) with respect to the Term B Facility in effect on the Effective Date, the Term B Facility Maturity Date and (b) with respect to any other Class of Term Loans, the maturity dates specified therefor in the applicable Incremental Assumption Agreement.

  • Refinancing Term Commitments means one or more term loan commitments hereunder that fund Refinancing Term Loans of the applicable Refinancing Series hereunder pursuant to a Refinancing Amendment.

  • Term Facility means, at any time, (a) on or prior to the Closing Date, the aggregate amount of the Term Commitments at such time and (b) thereafter, the aggregate principal amount of the Term Loans of all Term Lenders outstanding at such time.

  • Revolving Credit Facilities means the collective reference to the Dollar Revolving Credit Facility and the Alternative Currency Revolving Credit Facility.

  • Majority Revolving Credit Facility Lenders the Majority Facility Lenders in respect of the Revolving Credit Facility.

  • Incremental Term Facility has the meaning assigned to such term in Section 2.22(a).

  • Refinancing Term Loan Commitments shall have the meaning provided in Section 2.14(h).

  • Revolving Credit Maturity Date means the earliest of (a) May 24, 2012, or (b) such earlier date upon which the Outstanding Amounts under the Revolving Credit Facility, including all accrued and unpaid interest, are required to be paid in full, and all Revolving Credit Commitments terminated, in accordance with the terms hereof.

  • Incremental Facilities has the meaning assigned to such term in Section 2.22(a).

  • Refinancing Revolving Credit Commitments shall have the meaning provided in Section 2.14(h).

  • Incremental Facility Agreement means an Incremental Facility Agreement, in form and substance reasonably satisfactory to the Agent and the Borrower, among the Borrower, the Agent and one or more Incremental Lenders, establishing Incremental Commitments and effecting such other amendments hereto and to the other Loan Documents as are contemplated by Section 2.18.

  • Revolving Credit Obligations means, at any particular time, the sum of (i) the outstanding principal amount of the Revolving Loans at such time, plus (ii) the outstanding principal amount of the Swing Line Loans at such time, plus (iii) the outstanding L/C Obligations at such time.

  • Refinancing Revolving Loans means one or more Classes of Revolving Loans that result from a Refinancing Amendment.

  • Term Loan B Maturity Date means the earliest of (a) May 24, 2014, or (b) such earlier date upon which the Outstanding Amounts under the Term Loan Facility, including all accrued and unpaid interest, are required to be paid in full in accordance with the terms hereof.

  • Incremental Loan has the meaning set forth in Section 2.14(b).

  • Incremental Facility Closing Date has the meaning set forth in Section 2.14(d).

  • Revolving Facility Maturity Date means, as the context may require, (a) with respect to the Revolving Facility in effect on the Closing Date, the fifth anniversary of the Closing Date and (b) with respect to any other Classes of Revolving Facility Commitments, the maturity dates specified therefor in the applicable Extension Amendment or Refinancing Amendment.