Defined Terms - Amended Sample Clauses

Defined Terms - Amended. The following definitions contained in Section 1.1 of the Credit Agreement shall be amended and restated as follows:
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Defined Terms - Amended. The following definitions contained in Section 1.1 of the Credit Agreement shall be amended and restated as follows: Anti-Terrorism Laws shall mean any Laws relating to terrorism or, trade sanctions programs and embargoes, import/export licensing, money laundering, including Executive Order No. 13224, the USA Patriot Act, the Laws comprising or implementing the Bank Secrecy Act, and the Laws administered by the United States Treasury Department’s Office of Foreign Asset Control (as any of the foregoing Laws may from time to time be amended, renewed, extended, or bribery, and any regulation, order, or directive promulgated, issued or enforced pursuant to such Laws, all as amended, supplemented or replaced). from time to time. Consolidated EBITDA shall mean, for any period of determination, Consolidated Net Income for such period, (x) excluding therefrom (A) any non-cash items of gain or loss (including those items created by mandated changes in accounting treatment) and (B) in the event that the Loan Parties own less than all of the equity interests in any Person, any income attributable to such Person, provided, however, cash received from such Person in the form of dividends or distributions in excess of the aggregate amount of any loans, advances and investments made by the Loan Parties to such Person during such period of determination shall be included in Consolidated Net Income, plus (y) the aggregate amounts deducted in determining Consolidated Net Income for such period in respect of: (i) Consolidated Interest Expense, (ii) income taxes, (iii) depletion and depreciation expense and (iv) amortization expense; provided, however, that for the purposes of this definition, with respect to a business acquired by the Loan Parties pursuant to a Permitted Acquisition or disposition of an investment (including any investments in the Excluded Subsidiaries), business or assets disposed of by the Loan Parties, Consolidated EBITDA shall be calculated on a pro forma basis, using historical numbers, in accordance with GAAP as if the Permitted Acquisition or disposition of an investment (including any investments in the Excluded Subsidiaries), business or assets disposed of by the Loan Parties had been consummated at the beginning of such period, and provided, further, that for the purposes of this definition, with respect to a business or assets disposed of by the Loan Parties pursuant to Section 8.2.7 [Dispositions of Assets or Subsidiaries], Consolidated EBITDA s...
Sample 1

Related to Defined Terms - Amended

  • Defined Terms As used in this Agreement, the following terms have the meanings specified below:

  • New Defined Terms The following defined terms are hereby added to Section 1.01 of the Credit Agreement in the appropriate alphabetical order:

  • Additional Defined Terms As used herein, the following defined terms shall have the following meanings with respect to the Notes only:

  • Defined Terms Used in this Agreement In addition to the terms defined above, the following terms used in this Agreement shall be construed to have the meanings set forth or referenced below.

  • Certain Additional Defined Terms In addition to such terms as are defined in the opening paragraph of and the recitals to this Agreement and in Section 1.1, the following terms are used in this Agreement as defined in the Sections set forth opposite such terms: Defined Term Section Reference ------------ -----------------

  • Incorporation of defined terms (a) Unless a contrary indication appears, a term defined in the Original Facility Agreement has the same meaning in this Agreement.

  • Certain Defined Terms As used in this Agreement, the following terms shall have the following meanings:

  • Amended Terms On and after the Amendment Effective Date, all references to the Credit Agreement in each of the Loan Documents shall hereafter mean the Credit Agreement as amended by this Amendment. Except as specifically amended hereby or otherwise agreed, the Credit Agreement is hereby ratified and confirmed and shall remain in full force and effect according to its terms.

  • Recitals; Defined Terms The recitals set forth above are true and correct and are incorporated herein by this reference. Capitalized terms used throughout this Amendment shall have the meanings set forth in the Agreement, unless otherwise specifically defined herein.

  • Defined Terms; References Unless otherwise specifically defined herein, each term used herein which is defined in the Credit Agreement has the meaning assigned to such term in the Credit Agreement. Each reference to "hereof", "hereunder", "herein" and "hereby" and each other similar reference and each reference to "this Agreement" and each other similar reference contained in the Credit Agreement shall, after this Amendment becomes effective, refer to the Credit Agreement as amended hereby.

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