New Capital definition

New Capital means the aggregate gross amount of proceeds from any capital (whether in the form of debt, equity or otherwise) raised by the Borrower or any of its Subsidiaries in one or a series of financings after January 1, 2021 (including (i) amounts borrowed (that were previously undrawn) under committed term loan facilities existing as of such date and (ii) indebtedness borrowed in lieu of the committed term loan facilities described in the foregoing clause (i) if the incurrence of such indebtedness results in a reduction or termination of such commitments); provided that proceeds of any capital raise which are used substantially concurrently for (i) the purchase price of a new Vessel or (ii) repayment of existing Indebtedness (other than Indebtedness (x) maturing no later than the end of the first full calendar year following the date of such repayment or (y) under any revolving credit agreement the repayment of which is not accompanied by a corresponding permanent reduction in the related revolving credit commitments), in each case, shall not constitute New Capital.

New Capital means securities or other investments qualifying as Tier 1 capital under the regulations of the Federal Reserve Board issued or made after December 31, 2008, including subordinated debt and trust preferred equity qualifying as Tier 1 capital so long as the maturity date (or earliest mandatory redemption or repurchase date) of such subordinated debt and trust preferred equity is no earlier than the date that is 6 months after the latest maturity date of any then outstanding New Guaranteed Notes.

New Capital shall have the meaning set forth in Section 2.8(a).

Examples of New Capital in a sentence

• For the further avoidance of doubt, the New Capital Fee relating to any warrants, purchase rights or similar contingent equity securities shall be due and payable upon the closing of the transaction by which such instruments are issued and shall be calculated as if all such instruments are exercised in full (and the full cash exercise price is paid) on the date of such closing, whether or not all or any portion of such instruments are vested and whether or not such instruments are actually so exercised.

• The Company acknowledges that Rothschild & Co may at its option and expense, after public announcement of a Transaction or New Capital Raise, place announcements and advertisements or otherwise publicize the Transaction or New Capital Raise in such financial and other newspapers and journals as it may choose, stating that Rothschild & Co acted as financial advisor to the Company in connection with such transaction.

• In connection with a Transaction or New Capital Raise that is not publicly disclosed, the form of each of the foregoing items shall be subject to the Company’s review and consent (to be given once for each such form of item or substantially similar forms of item), which consent shall not be unreasonably withheld.

• For the avoidance of doubt, if only a portion of the new capital raised in a New Capital Raise satisfies the Payment Conditions, then (A) a New Capital Fee shall be payable with respect to such portion of the new capital and (B) an additional portion of the New Capital Fee shall be payable when any additional portion of the new capital raised in such New Capital Raise satisfies the Payment Conditions.

• With respect to any portion of the new capital raised in a New Capital Raise, the New Capital Fee shall be payable at the time at which such new capital is(x) committed and (y) made available to the Company with all conditions precedent to availability satisfied (the requirements set forth in clauses (x) and (y), together, the “Payment Conditions”).

More Definitions of New Capital

New Capital shall have the meaning specified in the preamble hereof.

New Capital means the gross amount of proceeds from any capital (whether in the form of debt, equity or otherwise) raised by the Borrower or any of its Subsidiaries after the First Waiver Extension Date; provided that proceeds of any capital raise which are used substantially concurrently for (i) the purchase price of a new Vessel or (ii) repayment of existing Indebtedness (other than Indebtedness (x) maturing within one year of the date of such repayment or (y) under any revolving credit agreement the repayment of which is not accompanied by a corresponding permanent reduction in the related revolving credit commitments), in each case, shall not constitute New Capital.

New Capital means New Equity and New Strategic Capital.

New Capital means all capital raised by the Borrower or any of its Affiliates in connection with the consummation of the MobileMedia Transactions, including, without limitation, (A) the Additional Tranche C Loans, (B) the proceeds of any debt offering (including the New Arch Notes), and (C) the proceeds of any equity issuance (other than the rights offering contemplated by the MobileMedia Merger Documents in the anticipated amount of $217,000,000).

New Capital means the proceeds from the sale of the New Common Stock.

New Capital means any and all financing, whether debt or equity, including borrowings by the Company, guaranties and other recourse financial obligations, other than credit lines available from time to time (other than any credit lines or amendments obtained with respect to such specific New Business).

New Capital means the additional capital contributions to be made by the New Capital Providers on or before the Effective Date in the aggregate amount of up to $80 million in exchange for New Common Stock, New Preferred Stock and New Subordinated Notes on substantially the terms and conditions described on Exhibit I.A.63A.