Notes Indebtedness definition

Notes Indebtedness means, collectively, (i) the Existing Notes Indebtedness, and (ii) the Interim Notes Indebtedness.

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Notes Indebtedness means the principal, interest, fees and other amounts, other than contingent obligations not due and payable, outstanding under the Senior Unsecured 2020 Notes.

Notes Indebtedness means the Indebtedness under the Notes Indenture Agreement, the Bond Notes, and guarantees in respect thereof.

Examples of Notes Indebtedness in a sentence

• Without in any way limiting the foregoing, the Borrower shall not, and shall not permit any other Loan Party or Subsidiary to, create, assume, incur, permit or suffer to exist any Lien on any Property to secure any Senior Notes Indebtedness or other obligations under any Senior Notes Indenture entered into by the Borrower or any Subsidiary.

• After giving effect to the Funding Date, the Borrower and its Subsidiaries shall have no Indebtedness other than with respect to the Term Loans, the Existing Letters of Credit, the Senior Notes, Indebtedness permitted pursuant to Section 8.03(b) and other Indebtedness incurred in the ordinary course of business since the Closing Date and otherwise permitted hereunder and other Indebtedness as may be reasonably acceptable to the Lead Arrangers.

• This Agreement is solely for the benefit of the ABL Agent, ABL Secured Parties, First Lien Notes Agent, First Lien Notes Secured Parties, and Future Notes Indebtedness Secured Parties.

• The ABL Agent, for and on behalf of itself and the ABL Secured Parties, agrees that no payment to the First Lien Notes Agent, any First Lien Notes Secured Party, or any Future Notes Indebtedness Secured Party pursuant to the provisions of this Agreement shall entitle the ABL Agent or any ABL Secured Party to exercise any rights of subrogation in respect thereof until the Discharge of First Lien Notes Obligations shall have occurred.

• Each of the First Lien Notes Agent, on behalf of itself, the First Lien Notes Secured Parties, and the Future Notes Indebtedness Secured Parties, agrees that no payment to the ABL Agent or any ABL Secured Party pursuant to the provisions of this Agreement shall entitle the First Lien Notes Agent, any First Lien Notes Secured Party, or any Future Notes Indebtedness Secured Party to exercise any rights of subrogation in respect thereof until the Discharge of ABL Obligations shall have occurred.

• The ABL Agent is not and shall not be deemed to be a fiduciary of any kind for the First Lien Notes Agent, the First Lien Notes Secured Parties, the Future Notes Indebtedness Secured Parties, or any other Person.

• None of the First Lien Notes Agent, any First Lien Notes Secured Party, any Future Notes Indebtedness Secured Party, the ABL Agent or any ABL Secured Party waives any claim it may have on grounds of commercial reasonableness.

• Each of the ABL Agent, for and on behalf of itself and the ABL Secured Parties, and the First Lien Notes Agent, for and on behalf of itself, the First Lien Notes Secured Parties, and the Future Notes Indebtedness Secured Parties, hereby irrevocably waives any defense based on the adequacy of a remedy at law that might be asserted as a bar to such remedy of specific performance.

• Each of the First Lien Notes Agent, on behalf of itself, the First Lien Notes Secured Parties, and the Future Notes Indebtedness Secured Parties, that it will not oppose any sale consented to by the ABL Agent of any ABL Priority Collateral pursuant to Section 363(f) of the Bankruptcy Code (or any comparable provision of any other applicable Debtor Relief Law) so long as the proceeds of such sale are applied in accordance with this Agreement.

• Until the Discharge of ABL Obligations has occurred, each of the First Lien Notes Agent, on behalf of itself, the First Lien Notes Secured Parties, and the Future Notes Indebtedness Secured Parties, agrees not to seek relief from the automatic stay or any other stay in any Insolvency Proceeding in respect of any portion of the ABL Priority Collateral without the ABL Agent’s express written consent.

More Definitions of Notes Indebtedness

Notes Indebtedness means obligations of the Borrower in respect to unsecured bonds.

Notes Indebtedness means, collectively: (a) the Indebtedness described on Schedule 4.6(a) and any refinancings, renewals, extensions, or reopenings of such Indebtedness; provided that, in the case of such a refinancing, renewal, extension, or re-opening, the Specified Event Conditions have been satisfied; and (b) other unsecured Indebtedness of Borrower for borrowed money issued in one or more series of notes, bonds, debentures or similar instruments; provided that with respect to the Indebtedness described in this clause (b), in each case (i) the Specified Event Conditions have been satisfied with respect to each incurrence, issuance, assumption, renewal, extension, refinancing or re-opening of such Indebtedness; (ii) the maturity date for such Indebtedness and the first date on which any holder of such Indebtedness (or any agent, trustee or similar Person acting for such holder) may demand that such Indebtedness (or any portion thereof) be redeemed, repurchased, defeased, prepaid or accelerated or be “put” to Borrower shall occur no earlier than the date that is one hundred eighty (180) days after the Commitment Maturity Date (provided that notes evidencing such Indebtedness may be subject to the customary provisions requiring repurchase of notes upon the occurrence of a fundamental change, as defined therein); (iii) the financial covenants or undertakings of Borrower in connection with

Notes Indebtedness means Indebtedness under and in respect of that certain Indenture dated as of October 8, 2021 (as amended, amended and restated, supplemented or otherwise modified from time to time in accordance with this Agreement) by and among the Borrower, as issuer, the Borrower’s Subsidiaries from time to time party thereto as guarantors and ▇▇▇▇▇ Fargo Bank, National Association as trustee.

Notes Indebtedness has the meaning given to it in Clause 21.16 (Financial Indebtedness).

Notes Indebtedness means all present and future obligations, contingent or otherwise, of the Issuer and the Subsidiary Guarantors to the Subordinated Lien Collateral Agent, the Trustee and Holders, including all indebtedness, guarantee obligations, indemnities, fees, expenses, interest payments and other amounts payable from time to time, arising under or pursuant to the Notes Documents, including, in each case, interest, fees, costs and expenses accruing after the initiation of any Insolvency Proceeding (irrespective of whether allowed or recovered as a claim in such proceeding), and including the secured claims of the Subordinated Lien Collateral Agent, the Trustee and the Holders arising under or pursuant to the Notes Documents in respect of the Collateral in any Insolvency Proceeding.

Notes Indebtedness means, collectively: (a) the Indebtedness described on Schedule 4.6(a) and any refinancings, renewals, extensions, or reopenings of such Indebtedness; provided that, in the case of such a refinancing, renewal, extension, or re-opening, the Specified Event Conditions have been satisfied; and (b) other unsecured Indebtedness of Borrower for borrowed money issued in one or more series of notes, bonds, debentures or similar instruments; provided that with respect to the Indebtedness described in this clause (b), in each case (i) the Specified Event Conditions have been satisfied with respect to each incurrence, issuance, assumption, renewal, extension, refinancing or re-opening of such Indebtedness; (ii) the maturity date for such Indebtedness and the first date on which any holder of such Indebtedness (or any agent, trustee or similar Person acting for such holder) may demand that such Indebtedness (or any portion thereof) be redeemed, repurchased, defeased, prepaid or accelerated or be “put” to Borrower shall occur no earlier than the date that is one hundred eighty (180) days after the Commitment Maturity Date (provided that notes evidencing such Indebtedness may be subject to the customary provisions requiring repurchase of notes upon the occurrence of a fundamental change, as defined therein); (iii) the financial covenants or undertakings of Borrower in connection with such Indebtedness are no more onerous or restrictive on Borrower or any of its Subsidiaries than those set forth herein; and (iv) nothing in the documentation related to such Indebtedness shall prohibit, restrict or impair the attachment, perfection or enforcement of, or the exercise of rights or remedies with respect to, Agent’s or any Lender’s Liens, now existing or created in the future, on any assets or properties of Borrower to the extent that Liens secure payment and performance of the Obligations.