Xxxxx Indebtedness definition

Xxxxx Indebtedness means Indebtedness issued and outstanding pursuant to the Xxxxx Loan Agreement.
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Xxxxx Indebtedness has the meaning set forth in the Asset Purchase Agreement.
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Xxxxx Indebtedness means all obligations of Debtor now or hereafter existing under the Xxxxx Note whether for principal, interest (including, without limitation, interest, as provided in the Xxxxx Note, accruing after the filing of a petition initiating any proceeding referred to in Section 2.2(a), whether or not such interest accrues after the filing of such petition for purposes of the Bankruptcy Code or is an allowed claim in such proceeding), fees, expenses or otherwise.
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Examples of Xxxxx Indebtedness in a sentence

  • By waiting until shortly before the vote, defendants minimize the window available to other potential claimants and, in making the disclosures, effectively eliminate the potential for an injunction.

  • The Company shall not (a) incur any indebtedness that is subordinate or junior in right of payment to the Xxxxx Indebtedness and senior in any respect (including by virtue of being secured in any manner) in right of payment to this Note or (b) issue any class of capital stock that is mandatorily redeemable prior to the final maturity date of this Note.

  • Furthermore, the undersigned hereby waive Borrower's compliance with any provision of the Loan Agreement or any other Loan Document, which, if enforced, would prohibit the incurrence of the Xxxxxxx Xxxxx Indebtedness and the creation of the Xxxxxxx Xxxxx Xxxx or constitute a Default or an Event of Default under the Loan Agreement or any other Loan Document solely as a result of the incurrence of the Xxxxxxx Xxxxx Indebtedness and the creation of the Xxxxxxx Xxxxx Xxxx.

  • Except as set forth on Schedule 3.16 with respect to leased property, the ------------- Selling Companies will at Closing have good and marketable title to all of its assets, in each case free and clear of any lien or other encumbrance, assuming that the Linc Indebtedness and the Xxxxxxx Xxxxx Indebtedness is repaid in accordance with the terms of this Agreement.

  • Such Tangible Net Worth requirements set forth above shall be increased by fifty percent (50%) of the net proceeds from issuances of equity securities of the Borrower and/or Subordinated Debt (other than the Xxxxx Indebtedness) issued or incurred after the Effective Date.

  • This Agreement shall be continuing and binding until written notice of its discontinuance shall be provided by Xxxxx Lender to Junior Lender, or shall continue to remain in full force and effect until all Xxxxx Indebtedness shall have been fully paid and satisfied.

  • The consideration to be paid by Buyer to Shareholder in full consideration for the sale of the Shares to Buyer shall be $16,175,000 less the sum of (i) all indebtedness of the Company and Subsidiaries for borrowed money set forth on Exhibit 2.03(a) and (ii) the Xxxxx Indebtedness, subject to adjustment as set forth in Section 2.04 (the “Share Purchase Price”).

  • On or prior to December 15, 2019, the Company shall convert or exchange at least $60,000,000.00, but not less than 100%, of Xxxxxx Xxxxx Indebtedness into equity of the Company.

  • As of the Closing, (i) the aggregate principal amount of Senior Foris Indebtedness is not more than $41,400,000, (ii) the aggregate principal amount of Indebtedness under Naxyris LSA is not more than $21,000,000, (iii) the aggregate principal amount of Xxxxxx Xxxxx Indebtedness is not more than $60,000,000; and (iv) the aggregate amount of Indebtedness to Lavvan, Inc.

  • Buyer shall take such actions as are reasonably requested of it by Shareholder to assist Shareholder in obtaining, by the Closing Date, the release of (i) Shareholder and GSR from the Surety Agreement with Buyer, (ii) Shareholder and GSR from personal guaranties on the Xxxxxxx Xxxxx Indebtedness (as defined below), and (iii) any and all assets of Shareholder and/or GSR pledged as collateral for the Xxxxxxx Xxxxx Indebtedness.


More Definitions of Xxxxx Indebtedness

Xxxxx Indebtedness means the Indebtedness of Borrower owed to Xxxxx in accordance with the Xxxxx Lot Sale Contract, the Builders’ Deed of Trust, and the Subordination Agreement.
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Xxxxx Indebtedness means Old Xxxxx Indebtedness and New Xxxxx Indebtedness.
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Xxxxx Indebtedness means the Indebtedness of the Xxxxx Subsidiaries set forth on Schedule 1.01(b).
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Xxxxx Indebtedness means the Indebtedness owing by Borrower to Xxxxx under the Xxxxx Financing Documents.
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Related to Xxxxx Indebtedness

  • Subordinate Indebtedness means all present and future indebtedness, obligations, and liabilities of Borrower to Subordinate Lender under or in connection with the Subordinate Loan or the Subordinate Loan Documents.

  • Balloon Indebtedness means Long-Term Indebtedness, 25% or more of the original principal amount of which becomes due (either by maturity or mandatory redemption) during any consecutive twelve-month period, if such principal amount becoming due is not required to be amortized below such percentage by mandatory redemption or prepayment prior to such twelve-month period.

  • Applicable Indebtedness has the meaning specified in the definition of “Weighted Average Life to Maturity.”

  • Refinance Indebtedness has the meaning assigned to such term in Section 6.01(f).

  • Acquisition Indebtedness Indebtedness of (A) the Borrower or any Restricted Subsidiary Incurred to finance or refinance, or otherwise Incurred in connection with, any acquisition of any assets (including Capital Stock), business or Person, or any merger or consolidation of any Person with or into the Borrower or any Restricted Subsidiary, or (B) any Person that is acquired by or merged or consolidated with or into the Borrower or any Restricted Subsidiary (including Indebtedness thereof Incurred in connection with any such acquisition, merger or consolidation).

  • Indebtedness means, as to any Person at a particular time, without duplication, all of the following, whether or not included as indebtedness or liabilities in accordance with GAAP:

  • Final Indebtedness has the meaning set forth in Section 3.2(b).

  • Permitted Financial Indebtedness means Financial Indebtedness:

  • Unsecured Indebtedness means Indebtedness which is not Secured Indebtedness.

  • Company Indebtedness means all indebtedness of the Company (including without limitation, any loans, advances, letters of credit, bank overdrafts, capital lease obligations and all other indebtedness of any kind including interest, principal and fees).

  • Settlement Indebtedness means any payment or reimbursement obligation in respect of a Settlement Payment.

  • Related Indebtedness means any and all indebtedness paid or payable by Borrower to Administrative Agent or any Lender pursuant to any Loan Document other than any Note.

  • Project Finance Indebtedness means any present or future indebtedness incurred to finance the ownership, acquisition, development and/or operation of an asset, whether or not an asset of a member of the Group:

  • Second Lien Indebtedness means the Indebtedness of the Loan Parties owing to the Second Lien Agent and the Second Lien Lenders under the Second Lien Credit Agreement, which Indebtedness is on terms and conditions reasonably acceptable to the Collateral Agent.

  • Net Indebtedness means, at any date and with respect to any Person, Indebtedness of such Person on such date less Cash and Cash Equivalents of such Person on such date determined in accordance with GAAP.

  • Refinanced Indebtedness shall have the meaning provided in the definition of the term “Permitted Refinancing Indebtedness”.

  • Permitted Unsecured Indebtedness means Indebtedness of the Borrower or any Restricted Subsidiary (a) that is not (and any Guarantees thereof by the Borrower or Restricted Subsidiaries are not) secured by any collateral (including the Collateral), (b) that does not mature earlier than the date that is 91 days after the latest maturity date under this Agreement then in effect, and has a weighted average life to maturity no shorter than the Class of Term Loans with the latest maturity date in effect at the time of incurrence of such Indebtedness, (c) that, in the case of such Indebtedness in the form of bonds, debentures, notes or similar instrument, does not provide for any amortization, mandatory prepayment, redemption or repurchase (other than upon a change of control, fundamental change, customary asset sale or event of loss mandatory offers to purchase and customary acceleration rights after an event of default and, for the avoidance of doubt, rights to convert or exchange in the case of convertible or exchangeable Indebtedness) prior to the date that is the latest maturity date in effect at the time of incurrence of such Indebtedness, (d) that contains covenants, events of default, guarantees and other terms that are customary for similar Indebtedness in light of then-prevailing market conditions and, when taken as a whole (other than interest rates, rate floors, fees and optional prepayment or optional redemption terms), are not more favorable to the lenders or investors providing such Permitted Unsecured Indebtedness, as the case may be, than those set forth in the Loan Documents are with respect to the Lenders (other than covenants or other provisions applicable only to periods after the latest maturity date under this Agreement then in effect); provided that a certificate of a Financial Officer of the Borrower delivered to the Administrative Agent at least five Business Days prior to the incurrence of such Indebtedness or the modification, refinancing, refunding, renewal or extension thereof (or such shorter period of time as may reasonably be agreed by the Administrative Agent), together with a reasonably detailed description of the material terms and conditions of such resulting Indebtedness or drafts of the material definitive documentation relating thereto, stating that the Borrower has determined in good faith that such terms and conditions satisfy the foregoing requirements shall be conclusive, and (e) that is not guaranteed by any Person other than on an unsecured basis by Loan Parties.

  • Designated Indebtedness means any Indebtedness that has been designated by the Borrower at the time of the incurrence thereof as “Designated Indebtedness” for purposes of this Agreement in accordance with the requirements of Section 6.01.

  • Consolidated First Lien Indebtedness means Consolidated Indebtedness that is secured by a first priority Lien (other than Permitted Liens) on assets of any Borrower or Restricted Subsidiary.

  • Intercompany Indebtedness means Indebtedness of Company or any of its Subsidiaries which is owing to Company or any of its Subsidiaries.

  • Permitted Indebtedness means any of the following:

  • Senior Unsecured Indebtedness means Indebtedness that is not subordinated to any other Indebtedness and is not secured or supported by a guarantee, letter of credit or other form of credit enhancement.

  • Subordinated Indebtedness means any Indebtedness of the Borrower or any Subsidiary the payment of which is subordinated to payment of the obligations under the Loan Documents.

  • First Lien Indebtedness means any Indebtedness for borrowed money (which, for the avoidance of doubt, does not include Purchase Money Indebtedness, and any related Liens thereto) secured by a Lien on any assets of the Issuer or any Restricted Subsidiary ranking pari passu with the Liens securing the Notes Obligations.

  • Permitted Convertible Indebtedness means senior, unsecured Indebtedness of the Borrower or any Restricted Subsidiary that is convertible into shares of common stock of the Borrower (or other securities or property following a merger event, reclassification or other change of the common stock of the Borrower), cash or a combination thereof (such amount of cash determined by reference to the price of the Borrower’s common stock or such other securities or property), and cash in lieu of fractional shares of common stock of the Borrower.

  • Unsecured Longer-Term Indebtedness means any Indebtedness of the Borrower that (a) has no amortization or mandatory redemption, repurchase or prepayment prior to, and a final maturity date not earlier than, six months after the Maturity Date (it being understood that (i) the conversion features into Permitted Equity Interests under convertible notes (as well as the triggering of such conversion and/or settlement thereof solely with Permitted Equity Interests) shall not constitute “amortization” for the purposes of this definition and (ii) any mandatory redemption, repurchase or prepayment obligation or put right that is contingent upon the happening of an event that is not certain to occur (including, without limitation, a change of control or bankruptcy) shall not in and of itself be deemed to disqualify such Indebtedness under this clause (a) (notwithstanding the foregoing, in this clause (ii), the Borrower acknowledges that any payment prior to the Termination Date in respect of any such obligation or right shall only be made to the extent permitted by Section 6.12)), (b) is incurred pursuant to terms that are substantially comparable to market terms for substantially similar debt of other similarly situated borrowers as reasonably determined in good faith by Borrower (other than financial covenants and events of default, which shall be no more restrictive upon the Borrower and its Subsidiaries, prior to the Termination Date, than those set forth in this Agreement) (it being understood that put rights or repurchase or redemption obligations arising out of circumstances that would be Events of Default under this Agreement shall not be deemed to be more restrictive for purposes of this definition), and (c) is not secured by any assets of any Person. For the avoidance of doubt, Unsecured Longer-Term Indebtedness shall also include any refinancing, refunding, renewal or extension of any Unsecured Longer-Term Indebtedness so long as such refinanced, refunded, renewed or extended Indebtedness continues to satisfy the requirements of this definition.