Non-Accepting Lender definition
Non-Accepting Lender has the meaning assigned to such term in Section 2.24(c).
Non-Accepting Lender has the meaning specified in Section 2.16(a).
Non-Accepting Lender has the meaning specified in Section 2.22(a).
Examples of Non-Accepting Lender in a sentence
In connection with any Loan Modification Offer, the Company may, at its sole option, with respect to one or more of the Lenders that are not Accepting Lenders (each, a “Non-Accepting Lender”) replace such Non-Accepting Lender pursuant to Section 2.16(b).
In connection with any Loan Modification Offer, the Borrower may, at its sole option, with respect to one or more of the Lenders that are not Accepting Lenders (each, a “Non-Accepting Lender”) replace such Non-Accepting Lender pursuant to Section 11.13.
More Definitions of Non-Accepting Lender
Non-Accepting Lender has the meaning assigned to such term in Section 2.24(c). “Non-Cash Charges” means (a) any impairment charge or asset write-off or write-down, including impairment charges or asset write-offs or write-downs related to intangible assets (including goodwill), long-lived assets, and Investments in debt and equity securities or as a result of a change in law or regulation, in each case pursuant to GAAP, and the amortization of intangibles pursuant to GAAP (which, without limiting the foregoing, shall include any impairment charges resulting from the application of FASB Statements No. 142 and 144 and the amortization of intangibles arising pursuant to No. 141), (b) all losses from Investments recorded using the equity method, (c) all Non-Cash Compensation Expenses, (d) the non-cash impact of acquisition method accounting, (e) depreciation and amortization (including, without limitation, as they relate to acquisition accounting, amortization of deferred financing fees or costs, Capitalized Software Expenditures and amortization of unrecognized prior service costs and actuarial gains and losses related to pension and other post-employment benefits) and (f) other non-cash charges (including non-cash charges related to deferred rent) (provided, in each case, that if any non-cash charges represent an accrual or reserve for potential cash items in any future period, the cash payment in respect thereof in such future period shall be subtracted from Consolidated EBITDA to such extent, and excluding amortization of a prepaid cash item that was paid in a prior period).
Non-Accepting Lender has the meaning assigned to such term in Section 2.24(h). “Non-Cash Compensation Expense” means any non-cash expenses and costs that result from the issuance of stock-based awards, partnership interest-based awards and similar incentive based compensation awards or arrangements. “Non-Consenting Lender” has the meaning assigned to such term in Section 9.02(c). “Non-Financing Lease Obligations” means a lease obligation that is not required to be accounted for as a financing or capital lease on both the balance sheet and the income statement for financial reporting purposes in accordance with GAAP. For avoidance of doubt, an operating lease or other obligation in respect of, or under, straight line leases, shall be considered a Non-Financing Lease Obligation. “Non-Loan Party” means any Person that is not a Loan Party. “Not Otherwise Applied” means, with reference to the Available Amount or the Available Equity Amount, as applicable, that was not previously (or concurrently) applied pursuant to Section 6.04(c), 6.04(i), 6.04(n), 6.04(q), 6.08(a)(vii)(E), 6.08(a)(viii) or 6.08(b)(iv) or any Cure Amount. “Notice of Intent to Cure” has the meaning assigned to such term in Section 7.02(c). “Notice of Prepayment” shall have the meaning assigned to such term in Section 2.11(h).
Non-Accepting Lender has the meaning given to that term in Clause 2.3(f) (Extension Option).
Non-Accepting Lender has the meaning assigned to such term in Section 2.18(c) of the Agreement.
Non-Accepting Lender has the meaning assigned to such term in Section 2.24(h). “Non-Cash Compensation Expense” means any non-cash expenses and costs that result from the issuance, vesting (including accelerated vesting), forfeiture, or other modification of stock-based awards, partnership interest-based awards and similar incentive based compensation awards or arrangements, including, without limitation, restricted stock units, stock options, profits units, performance stock units, stock appreciation rights, and other equity-linked compensation. “Non-Consenting Lender” has the meaning assigned to such term in Section 9.02(c). “Non-Financing Lease Obligations” means a lease obligation that is not required to be accounted for as a financing or capital lease on both the balance sheet and the income statement for financial reporting purposes in accordance with GAAP. “Notice of Intent to Cure” has the meaning assigned to such term in Section 7.02(c). “Notice of Prepayment” shall have the meaning assigned to such term in Section 2.11(h). “OFAC” means the Office of Foreign Assets Control of the U.S. Department of the Treasury. “Organizational Documents” means (a) with respect to any corporation, the certificate or articles of incorporation and the bylaws (or equivalent or comparable constitutive documents with respect to any non-U.S. jurisdiction); (b) with respect to any limited liability company, the certificate or articles of formation or organization and limited liability company agreement or operating agreement (or equivalent or comparable constitutive documents with respect to any non-U.S. jurisdiction); and (c) with respect to any partnership, Joint Venture, trust or other form of business entity, the partnership, Joint Venture or other applicable agreement of formation or organization and any agreement, instrument, filing or notice with respect thereto filed in connection with its formation or organization with the applicable Governmental Authority in the jurisdiction of its formation or organization and, if applicable, any certificate or articles of formation or organization of such entity. “Original Administrative Agent” means Blue Owl Capital Corporation. “Original Class A Revolving Commitment” means each “Class A Revolving Commitment” as defined in this Agreement as in effect immediately prior to Amendment No. 11
Non-Accepting Lender has the meaning assigned to such term in Section 2.24(c). “Non-Cash Charges” means (a) any impairment charge or asset write-off or write-down related to intangible assets (including goodwill), long-lived assets, and Investments in debt and equity securities pursuant to -45- [EMEA_ACTIVE 302040156_13]
Non-Accepting Lender has the meaning assigned to such term in Section 2.24(h). “Non-Cash Compensation Expense” means any non-cash expenses and costs that result from the issuance, vesting (including accelerated vesting), forfeiture, or other modification of stock-based awards, partnership interest-based awards and similar incentive based compensation awards or arrangements, including, without limitation, restricted stock units, stock options, profits units, performance stock units, stock appreciation rights, and other equity-linked compensation. “Non-Consenting Lender” has the meaning assigned to such term in Section 9.02(c). “Non-Financing Lease Obligations” means a lease obligation that is not required to be accounted for as a financing or capital lease on both the balance sheet and the income statement for financial 74 #97964454v4 #97964454v11 reporting purposes in accordance with GAAP. For avoidance of doubt, an operating lease or other obligation in respect of, or under, straight line leases, shall be considered a Non-Financing Lease Obligation. “Non-Loan Party” means any Person that is not a Loan Party. “Not Otherwise Applied” means, with reference to the Available Amount or the Available Equity Amount, as applicable, that was not previously (or concurrently) applied pursuant to Section 6.04(c), 6.04(i), 6.04(n), 6.04(q), 6.08(a)(vii)(E), 6.08(a)(viii) or 6.08(b)(iv) or any Cure Amount. “Notice of Intent to Cure” has the meaning assigned to such term in Section 7.02(c). “Notice of Prepayment” shall have the meaning assigned to such term in Section 2.11(h). “October TL Prepayment” has the meaning assigned to such term in Amendment No. 11. “OFAC” means the Office of Foreign Assets Control of the U.S. Department of the Treasury. “OID” means original issue discount. “Organizational Documents” means (a) with respect to any corporation, the certificate or articles of incorporation and the bylaws (or equivalent or comparable constitutive documents with respect to any non-U.S. jurisdiction); (b) with respect to any limited liability company, the certificate or articles of formation or organization and limited liability company agreement or operating agreement (or equivalent or comparable constitutive documents with respect to any non-U.S. jurisdiction); and (c) with respect to any partnership, Joint Venture, trust or other form of business entity, the partnership, Joint Venture or other applicable agreement of formation or organization and any agreement, instrument, filing or no...