Acquired Debt. 3 Act.......................................................... 3 Affiliate.................................................... 3
Acquired Debt. 2 Act.................................................................2 Affiliate...........................................................2
Acquired Debt. Debt outstanding on the Issue Date (including the Deferred Coupon Notes, the 2006 Notes and the 2007 Notes) and (y) Debt Issued to Refinance any Debt permitted by clause (a), this clause (5) or by clauses (1) and (3) of this Section 4.09(b); provided that, in the case of a Refinancing, (i) the amount of the Debt so Issued shall not exceed the principal amount or the accreted value (in the case of Debt Issued at a discount) of the Debt so Refinanced plus, in each case, the reasonable costs incurred by the issuer in connection with such Refinancing, (ii) the Average Life and Stated Maturity of the Debt so Issued shall equal or exceed that of the Debt so Refinanced, (iii) the Debt so Issued shall not rank senior in right of payment to the Debt being Refinanced, (iv) if the Debt being Refinanced does not bear interest in cash prior to a specified date, the Refinancing Debt shall not bear interest in cash prior to such specified date, (v) if the Debt being Refinanced is Debt permitted by clause (3), such Refinancing Debt is not secured by any assets not securing the Debt so Refinanced or improvements or additions thereto, or replacements thereof, and (vi) the obligors with respect to the Refinancing Debt shall not include any Persons who were not obligors (including predecessors thereof) with respect to the Debt being Refinanced;
Acquired Debt. 2 Affiliate.......................................................2
Acquired Debt. Debt outstanding on the Issue Date;
Acquired Debt. Debt consisting of Permitted Interest Rate, Currency or Commodity Price Agreements;
Acquired Debt. Indebtedness of any Person that becomes a Restricted Subsidiary after the date hereof (either as a result of the change in the designation thereof or as a result of an Acquisition otherwise permitted hereunder); provided that (i) such Indebtedness exists at the time such Person becomes a Restricted Subsidiary and is not created in contemplation of or in connection with such Person becoming a Restricted Subsidiary, (ii) after giving effect to such Person becoming a Restricted Subsidiary and such Indebtedness, the Company and Restricted Subsidiaries are in compliance on a Pro Forma Basis with Sections 6.14 and 6.15 hereof for the Test Period then in effect, and (iii) no Default shall exist or would otherwise result (including any Default arising as a result of a failure to comply with the limitation on Indebtedness provisions contained in the Covered Note Documents);
Acquired Debt. The Acquired Debt is as described in Schedule A to the Xxxxxxx Disclosure Memorandum, and is collectible at full face value without set-off or counterclaim, and is free and clear of all Encumbrances.
Acquired Debt and the Issuer will not and will not permit any Restricted Subsidiary to issue any Disqualified Stock and will not permit any of its Restricted Subsidiaries to issue any shares of preferred stock or preference shares; provided, however, that the Issuer may incur Indebtedness (including Acquired Debt) or issue Disqualified Stock, and the Restricted Subsidiaries may incur Indebtedness (including Acquired Debt) or issue Disqualified Stock, preferred stock or preference shares, if the Fixed Charge Coverage Ratio for the Issuer’s most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is incurred or such Disqualified Stock or such preferred stock is or preference shares are issued, as the case may be, would have been at least 2.0 to 1.0, determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been incurred or the Disqualified Stock or the preferred stock or preference shares had been issued, as the case may be, at the beginning of such four-quarter period.
Acquired Debt. 3 Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
