Senior Debt Cap means the result of (a) $20,000,000, plus (b) interest, fees, expenses and all other amounts that are capitalized pursuant to the terms of the Senior Loan Agreement.
Senior Debt Cap means the sum of (a) $68,750,000, plus (b) 125% of the amount of incremental facility commitments or loans incurred under the Senior Credit Agreement, as in effect on the Senior First Amendment Effective Date, plus (c) the amount of any unpaid accrued interest, paid in kind amounts, premiums, fees or expenses accruing in respect of or attributable to the foregoing.
Senior Debt Cap means principal indebtedness under the Senior Notes in an amount outstanding at any time of up to Seventy Million U.S. Dollars ($70,000,000).
Examples of Senior Debt Cap in a sentence
The Maker agrees not to, and will not permit any subsidiary to, create, incur, assume, suffer, or permit to exist, guaranty, or in any other manner become liable with respect to, any indebtedness for borrowed money in excess of the Senior Debt Cap that is senior in right of payment or otherwise to the Note.
Each Subordinated Creditor agrees that the Senior Creditor may consent to the use of cash collateral to provide financing to Borrower on such terms and conditions and in such amounts as the Senior Creditor, in its sole discretion, may decide and that no Subordinated Creditor shall contest or oppose in any manner, such cash collateral use or financing; provided that the amount of such financing plus the amounts outstanding under the Senior Loan Agreement shall not exceed the Senior Debt Cap.
If this Agreement shall have been terminated prior to such Senior Recovery, this Agreement shall be reinstated in full force and effect, and such prior termination shall not diminish, release, discharge, impair, or otherwise affect the obligations of the parties hereto from such date of reinstatement and to the extent the Senior Debt Cap was decreased in connection with such payment of the Senior Obligations, the Senior Debt Cap shall be increased to such extent.
ACQUISITION DOCUMENTS -- is defined in Section B.6. ADJUSTED BASE SENIOR DEBT CAP -- means, at any time, the result of (a) the Base Senior Debt Cap, minus (b) the Senior Debt Reduction Amount at such time.
As long as such Refinancing complies with the terms of this Agreement, the Senior Debt Obligations may be Refinanced, in whole or in part, in an amount up to the Senior Debt Cap, with prior written notice to, but without the consent of Subordinated Creditor, all without affecting the priorities provided for herein or the other provisions hereof.
More Definitions of Senior Debt Cap
Senior Debt Cap means Senior Debt which shall not exceed an aggregate principal amount (other than in respect of Bank Services Debt and Hedging Services Debt) of Eight Million Two Hundred Fifty Thousand Dollars ($8,250,000); provided that the Senior Debt Cap shall not limit that amount of interest, fees, charges, expenses, indemnification claims and payments, and other like amounts payable to Bank pursuant to the Senior Loan Documents.
Senior Debt Cap with respect to the Senior Loans, means the aggregate principal amount of the following (all as determined exclusive of all interest, fees (including attorneys’ fees) and expenses, amounts (including, without limitation, attorneys’ fees and fees, expenses and obligations in respect of returned items and overdrafts or reversed payment orders, and fees and expenses in respect of cash management and treasury management services in line with the customary fees and expenses of a third-party provider of such services or, if Agent or an affiliate of Agent is the provider, in line with the reasonable and customary fees and expenses of such provider) expended by Agent or Senior Lenders and remitted to Persons other than the Credit Parties to enforce its rights and remedies in respect of the Collateral, the Senior Loans, or both, and all indemnity obligations): (i) $ 30,000,000, plus (ii) during a Proceeding of any Credit Party, incremental principal amount not to exceed (if funded pursuant to a DIP Financing) to 15% of the sum of the aggregate principal amount funded and outstanding under the immediately preceding clause (i) as of the day immediately preceding the commencement of such Proceeding, minus (iii) the amount of all payments of principal of (x) all term loans and (z) revolving loan obligations under the Senior Credit Agreement that result in a permanent reduction of the revolving credit commitments under the Senior Credit Agreement (other than (A) payments of such revolving loan obligations in connection with a refinancing thereof, including any Permitted Refinancing, and (B) any commitment reduction occurring as a result of a default under the Senior Loan Documents that does not constitute a permanent commitment reduction).
Senior Debt Cap means, at any time, an amount equal to (i) $244,000,000 (plus any capitalized interest on the Third Lien Loan Documents) less (ii) the total aggregate amount (including any capitalized interest) of the indebtedness under the Third Lien Loan Documents that is or has been converted into Common Stock.
Senior Debt Cap means $726.9 million, (ii) “Revolving Debt” means the amounts outstanding under the Amended and Restated Credit Agreement, dated as of January 9, 2004, as amended and restated as of November 7, 2008, and as further amended and restated as of September 16, 2009, among AAM, AAM Holdings, the Lenders party thereto, JPMorgan Chase Bank, N.A., X.X. Xxxxxx Securities Inc. and Banc of America Securities LLC, and (iii) “Term Debt” means the amounts outstanding under the Credit Agreement, dated as of June 14, 2009, as amended and restated as of September 16, 2009, among AAM, AAM Holdings, the Lenders party thereto, JPMorgan Chase Bank, N.A., X.X. Xxxxxx Securities Inc. and Banc of America Securities LLC; and
Senior Debt Cap has the meaning ascribed thereto in Section 18.1(c).
Senior Debt Cap means principal indebtedness under the Senior Creditor Agreements in an amount outstanding at any time of up to Seven Million Eight Hundred Seventy Five Thousand Six Hundred Dollars ($7,875,600.00); provided that (a) the Senior Debt Cap with respect to the First Term Loan Agreement shall be an amount outstanding at any time of up to Four Million Seven Hundred Thirteen Thousand Six Hundred Dollars ($4,713,600.00), (b) the Senior Debt Cap with respect to the Second Term Loan Agreement shall be an amount outstanding of up to Seven Hundred Sixty Two Thousand Dollars ($762,000.00) and (c) the Senior Debt Cap with respect to the Revolving Credit Agreement shall be an amount outstanding of up to Two Million Four Hundred Thousand Dollars ($2,400,000.00).
Senior Debt Cap has the meaning given to it in clause (d) of the definition of “Permitted Indebtedness.” “Senior Indebtedness” means all of Your Indebtedness and other obligations arising under the Senior Loan Documents. SECTION 113.“Senior Intercreditor Agreement” means the Subordination Agreement dated as of the First Amendment Closing Date, between the Collateral Agent and Senior Agent, and acknowledged and agreed to by the Borrowers, as amended restated, supplemented or otherwise modified from time to time by the parties thereto. SECTION 114.“Senior Loan Documents” means the Senior Credit Agreement and all other Loan Documents (as defined in the Senior Credit Agreement). SECTION 115.“Solvent” means, with respect to any Person on a particular date, that on such date (a) the fair value of the property of such Person is greater than the total amount of liabilities, including contingent liabilities, of such Person; (b) the present fair salable value of the assets of such Person is not less than the amount that will be required to pay the probable liability of such Person on its debts as they become absolute and matured; (c) such Person does not intend to, and does not believe that it will, incur debts or liabilities beyond such Person’s ability to pay as such debts and liabilities mature; and (d) such Person is not engaged in a business or transaction, and is not about to engage in a business or transaction, for which such Person’s property would constitute an unreasonably small capital. The amount of contingent liabilities (such as litigation, guaranties and pension plan liabilities) at any time shall be computed as the amount that, in light of all the facts and circumstances existing at the time, represents the amount that can be reasonably be expected to become an actual or matured liability. “Square One Facility” means that certain Loan and Security Agreement, dated as of April 27, 2016, by and between You and Pacific Western Bank, a California state chartered bank, together with its successors and assigns (“Pacific Western Bank”), as amended by that certain First Amendment to Loan and Security Agreement, dated as of November 20, 2017, that certain Second Amendment to Loan and Security Agreement, dated as of August 14, 2018, that certain Third Amendment to Loan and Security Agreement, dated as of December 12, 2018, and that certain Fourth Amendment and Joinder to Loan and Security Agreement, dated as of the Closing Date, as the same may be further amended, amended and...