Consolidated Total Debt Service. With respect to the Borrower and its Subsidiaries and for any Reference Period, the sum, without duplication, of (a) any and all repayments or prepayments of principal (excluding past prepayments of the Existing Interpool Subordinated Debt and the prepayment of the Existing Interpool Subordinated Debt contemplated by Section 9.8), during such period in respect of Indebtedness that becomes due and payable or that are to become due and payable during such period pursuant to any agreement or instrument to which the Borrower or any of its Subsidiaries is a party relating to (i) the borrowing of money or the obtaining of credit, including the issuance of notes or bonds, (ii) the deferred purchase price of assets (other than trade payables incurred in the ordinary course of business), (iii) in respect of any Synthetic Leases or any Capitalized Leases, (iv) in respect of any reimbursement obligations in respect of letters of credit due and payable during such period, and (v) Indebtedness of the type referred to above of another Person guaranteed by the Borrower or any of its Subsidiaries, plus (b) Consolidated Total Interest Expense paid or payable in cash during such Reference Period, plus (c) one tenth (1/10) of the average daily outstanding amount of the Revolving Credit Loans during such Reference Period, plus (d) consolidated rental expense for such period as determined in accordance with GAAP. Demand obligations shall be deemed to be due and payable during any fiscal period during which such obligations are outstanding. Consolidated Total Interest Expense. For any period, the aggregate amount of interest required to be paid or accrued by the Borrower and its Subsidiaries during such period on all Indebtedness of the Borrower and its Subsidiaries outstanding during all or any part of such period, whether such interest was or is required to be reflected as an item of expense or capitalized, including payments consisting of interest in respect of any Capitalized Lease or any Synthetic Lease, and including commitment fees, agency fees, facility fees, balance deficiency fees and similar fees or expenses in connection with the borrowing of money, provided, that with respect to the Interpool Convertible Subordinated Debt, all interest payable in cash in any period shall be included in Consolidated Total Interest Expense for such period.
Appears in 3 contracts
Samples: Revolving Credit and Term Loan Agreement (CAI International, Inc.), Revolving Credit and Term Loan Agreement (CAI International, Inc.), Revolving Credit and Term Loan Agreement (CAI International, Inc.)
Consolidated Total Debt Service. With respect to the Borrower CAI and its Subsidiaries and for any Reference Period, the sum, without duplication, of (a) any and all repayments or prepayments scheduled payments of principal (excluding past prepayments of the Existing Interpool Subordinated Debt and the prepayment of the Existing Interpool Subordinated Debt contemplated by Section 9.8)principal, during such period in respect of Indebtedness that becomes become due and payable or that are to become due and payable during such period pursuant to any agreement or instrument to which the Borrower CAI or any of its Subsidiaries is a party relating to (i) the borrowing of money or the obtaining of credit, including the issuance of notes or bonds, (ii) the deferred purchase price of assets (other than trade payables incurred in the ordinary course of business), (iii) in respect of any Synthetic Leases or any Capitalized Leases, (iv) in respect of any reimbursement obligations in respect of letters of credit due and payable during such period, and (v) Indebtedness of the type referred to above of another Person guaranteed by the Borrower CAI or any of its Subsidiaries, plus (b) Consolidated Total Interest Expense paid or payable in cash during such Reference Period, plus (c) one tenth (1/10) of the average daily outstanding amount of the Revolving Credit Loans during such Reference Period, plus (d) consolidated rental expense on Rental Obligations for such period all as determined in accordance with GAAP. Demand obligations , plus (d) Permitted Excess Preferred Dividends paid in such Reference Period; provided, however that there shall be deemed excluded from the amount described in clause (a) any payment to be due and payable refinance Indebtedness during any fiscal period during which such obligations are outstandingReference Period through the issuance or incurrence of additional Indebtedness permitted pursuant to §9.1 hereof, including refinancing through borrowing under existing credit facilities. Consolidated Total Interest Expense. For any period, the aggregate amount of interest required to be paid or accrued by the Borrower and CAI or any of its Subsidiaries during such period on all Indebtedness of the Borrower and its Subsidiaries CAI or such Subsidiary outstanding during all or any part of such period, whether such interest was or is required to be reflected as an item of expense or capitalized, including payments consisting of interest in respect of any Capitalized Lease or any Synthetic Lease, and including commitment fees, agency fees, facility fees, balance deficiency fees and similar fees or expenses in connection with the borrowing of money, provided, that all as determined in accordance with respect to the Interpool Convertible Subordinated Debt, all interest payable in cash in any period shall be included in Consolidated Total Interest Expense for such periodGAAP.
Appears in 3 contracts
Samples: Revolving Credit Agreement (CAI International, Inc.), Revolving Credit Agreement (CAI International, Inc.), Revolving Credit Agreement (CAI International, Inc.)
Consolidated Total Debt Service. With respect to the Borrower CAI and its Subsidiaries and for any Reference Period, the sum, without duplication, of (a) any and all repayments or prepayments of principal (excluding past prepayments of the Existing Interpool Subordinated Debt and the prepayment of the Existing Interpool Subordinated Debt contemplated by Section 9.8)principal, during such period in respect of Indebtedness that becomes become due and payable or that are to become due and payable during such period pursuant to any agreement or instrument to which the Borrower CAI or any of its Subsidiaries is a party relating to (i) the borrowing of money or the obtaining of credit, including the issuance of notes or bonds, (ii) the deferred purchase price of assets (other than trade payables incurred in the ordinary course of business), (iii) in respect of any Synthetic Leases or any Capitalized Leases, (iv) in respect of any reimbursement obligations in respect of letters of credit due and payable during such period, and (v) Indebtedness of the type referred to above of another Person guaranteed by the Borrower CAI or any of its Subsidiaries, plus (b) Consolidated Total Interest Expense paid or payable in cash during such Reference Period, plus (c) one tenth (1/10) of the average daily outstanding amount of the Revolving Credit Loans during such Reference Period, plus (d) consolidated rental expense on Rental Obligations for such period as determined in accordance with GAAP. Demand obligations shall be deemed to be due and payable during any fiscal period during which such obligations are outstanding. Consolidated Total Interest Expense. For any period, the aggregate amount of interest required to be paid or accrued by the Borrower and CAI or any of its Subsidiaries during such period on all Indebtedness of the Borrower and its Subsidiaries CAI or such Subsidiary outstanding during all or any part of such period, whether such interest was or is required to be reflected as an item of expense or capitalized, including payments consisting of interest in respect of any Capitalized Lease or any Synthetic Lease, and including commitment fees, agency fees, facility fees, balance deficiency fees and similar fees or expenses in connection with the borrowing of money, provided, that all as determined in accordance with respect to the Interpool Convertible Subordinated Debt, all interest payable in cash in any period shall be included in Consolidated Total Interest Expense for such periodGAAP.
Appears in 2 contracts
Samples: Term Loan Agreement (CAI International, Inc.), Revolving Credit Agreement (CAI International, Inc.)
Consolidated Total Debt Service. With respect to the Borrower Parent and its Subsidiaries and for any Reference Periodperiod, the sum, without duplication, of (a) Consolidated Total Interest Expense for such period plus (b) any and all scheduled repayments or prepayments of principal (excluding past prepayments of the Existing Interpool Subordinated Debt and the prepayment of the Existing Interpool Subordinated Debt contemplated by Section 9.8), during such period in respect of Indebtedness that becomes due and payable or that are to become due and payable during such period pursuant to any agreement or instrument to which the Borrower Parent or any of its Subsidiaries is a party relating to (i) the borrowing of money or the obtaining of credit, including the issuance of notes or bonds, (provided, to the extent the Parent makes the scheduled principal repayment at maturity of the Senior Notes issued pursuant to the terms of the Senior Note Indenture with the proceeds of Refinanced Indenture Debt, that portion of such repayment which was paid with such proceeds shall be excluded from the subparagraph (i) which calculating Consolidated Total Debt Service), (ii) the deferred purchase price of assets (other than trade payables incurred in the ordinary course of business), (iii) in respect of any Synthetic Leases or any Capitalized Leases, (iv) in respect of any reimbursement obligations in respect of letters of credit or bankers acceptances due and payable during such period, and (v) Indebtedness of the type referred to above of another Person guaranteed by the Parent or any of its Subsidiaries (provided, for the avoidance of doubt, any Indebtedness of the Parent and its Subsidiaries consisting of derivative contracts shall not be included in the calculation of this subparagraph (b)). Demand obligations shall be deemed to be due and payable during any fiscal period during which such obligations are outstanding. Consolidated Total Funded Debt. With respect to the Parent and its Subsidiaries, the sum, without duplication, of (a) the aggregate amount of Indebtedness of the Parent and its Subsidiaries, on a consolidated basis, relating to (i) the borrowing of money or the obtaining of credit, including the issuance of notes or bonds, (ii) the deferred purchase price of assets (other than trade payables incurred in the ordinary course of business), (iii) in respect of any Synthetic Leases or any Capitalized Leases, and (iv) in respect the maximum drawing amount of any reimbursement obligations in respect of all letters of credit due and payable during such periodoutstanding in excess of aggregate amount equal to $20,000,000, and bankers' acceptances plus (vb) Indebtedness of the type referred to above in clause (a) of another Person guaranteed by the Borrower Parent or any of its Subsidiaries. For the avoidance of doubt, plus (b) any Indebtedness of the Parent and its Subsidiaries consisting of derivative contracts shall not be included as Consolidated Total Interest Expense paid or payable in cash during such Reference Period, plus (c) one tenth (1/10) of the average daily outstanding amount of the Revolving Credit Loans during such Reference Period, plus (d) consolidated rental expense for such period as determined in accordance with GAAP. Demand obligations shall be deemed to be due and payable during any fiscal period during which such obligations are outstandingFunded Debt. Consolidated Total Interest Expense. For any period, the aggregate amount of interest required to be paid or accrued by the Borrower Parent and its Subsidiaries during such period on all Indebtedness of the Borrower Parent and its Subsidiaries outstanding during all or any part of such period, whether such interest was or is required to be reflected as an item of expense or capitalized, including payments consisting of interest in respect of any Capitalized Lease or any Synthetic Lease, and including commitment fees, agency fees, facility fees, utilization fees, balance deficiency fees and similar fees or expenses in connection with the borrowing of money, provided, that with respect to the Interpool Convertible Subordinated Debt, all interest payable in cash in any period shall be included in . Consolidated Total Interest Expense for Liabilities. All liabilities of the Parent and its Subsidiaries determined on a consolidated basis in accordance with GAAP and classified as such periodon the consolidated balance sheet of the Parent and its Subsidiaries and all other Indebtedness of the Parent and its Subsidiaries, whether or not so classified.
Appears in 1 contract
Consolidated Total Debt Service. With respect to the Borrower and its Subsidiaries and for any Reference Period, the sum, without duplication, of (a) any and all repayments or prepayments of principal (excluding past prepayments of the Existing Closing Interpool Subordinated Debt and the prepayment of the Existing Interpool Subordinated Debt contemplated by Section 9.8), Repayment) during such period in respect of Indebtedness that becomes due and payable or that are to become due and payable during such period pursuant to any agreement or instrument to which the Borrower or any of its Subsidiaries is a party relating to (i) the borrowing of money or the obtaining of credit, including the issuance of notes or bonds, (ii) the deferred purchase price of assets (other than trade payables incurred in the ordinary course of business), (iii) in respect of any Synthetic Leases or any Capitalized Leases, (iv) in respect of any reimbursement obligations in respect of letters of credit due and payable during such period, and (v) Indebtedness of the type referred to above of another Person guaranteed by the Borrower or any of its Subsidiaries, plus (b) Consolidated Total Interest Expense paid or payable in cash during such Reference Period, plus (c) one tenth (1/10) of the average daily outstanding amount of the Revolving Credit Loans during such Reference Period, plus (d) consolidated rental expense for such period as determined in accordance with GAAP. Demand obligations shall be deemed to be due and payable during any fiscal period during which such obligations are outstanding. Consolidated Total Interest Expense. For any period, the aggregate amount of interest required to be paid or accrued by the Borrower and its Subsidiaries during such period on all Indebtedness of the Borrower and its Subsidiaries outstanding during all or any part of such period, whether such interest was or is required to be reflected as an item of expense or capitalized, including payments consisting of interest in respect of any Capitalized Lease or any Synthetic Lease, and including commitment fees, agency fees, facility fees, balance deficiency fees and similar fees or expenses in connection with the borrowing of money, provided, that with respect to the Interpool Convertible Subordinated Debt, all interest payable in cash in any period shall be included in Consolidated Total Interest Expense for such period.
Appears in 1 contract
Consolidated Total Debt Service. With respect to the Borrower CAI and its Subsidiaries and for any Reference Period, the sum, without duplication, of (a) any and all repayments or prepayments scheduled payments of principal (excluding past prepayments of the Existing Interpool Subordinated Debt and the prepayment of the Existing Interpool Subordinated Debt contemplated by Section 9.8)principal, during such period in respect of Indebtedness that becomes become due and payable or that are to become due and payable during such period pursuant to any agreement or instrument to which the Borrower CAI or any of its Subsidiaries is a party relating to (i) the borrowing of money or the obtaining of credit, including the issuance of notes or bonds, (ii) the deferred purchase price of assets (other than trade payables incurred in the ordinary course of business), (iii) in respect of any Synthetic Leases or any Capitalized Leases, (iv) in respect of any reimbursement obligations in respect of letters of credit due and payable during such period, and (v) Indebtedness of the type referred to above of another Person guaranteed by the Borrower CAI or any of its Subsidiaries, plus (b) Consolidated Total Interest Expense paid or payable in cash during such Reference Period, plus (c) one tenth (1/10) of the average daily outstanding amount of the Revolving Credit Loans during such Reference Period, plus (d) consolidated rental expense on Rental Obligations for such period as determined in accordance with GAAP. Demand obligations , plus (d) Permitted Excess Preferred Dividends paid in such Reference Period; provided, however that there shall be deemed excluded from the amount described in clause (a) any payment to be due and payable refinance Indebtedness during any fiscal period during which such obligations are outstandingReference Period through the issuance or incurrence of additional Indebtedness permitted pursuant to §9.1 hereof, including refinancing through borrowing under existing credit facilities. Consolidated Total Interest Expense. For any period, the aggregate amount of interest required to be paid or accrued by the Borrower and CAI or any of its Subsidiaries during such period on all Indebtedness of the Borrower and its Subsidiaries CAI or such Subsidiary outstanding during all or any part of such period, whether such interest was or is required to be reflected as an item of expense or capitalized, including payments consisting of interest in respect of any Capitalized Lease or any Synthetic Lease, and including commitment fees, agency fees, facility fees, balance deficiency fees and similar fees or expenses in connection with the borrowing of money, provided, that all as determined in accordance with respect to the Interpool Convertible Subordinated Debt, all interest payable in cash in any period shall be included in Consolidated Total Interest Expense for such periodGAAP.
Appears in 1 contract
Consolidated Total Debt Service. With respect to the Borrower Guarantor and its Subsidiaries and for any Reference Period, the sum, without duplication, of (a) any and all repayments or prepayments of principal (excluding past prepayments of the Existing Interpool Subordinated Debt and the prepayment of the Existing Interpool Subordinated Debt contemplated by Section 9.8)principal, during such period in respect of Indebtedness that becomes become due and payable or that are to become due and payable during such period pursuant to any agreement or instrument to which the Borrower Guarantor or any of its Subsidiaries is a party relating to (i) the borrowing of money or the obtaining of credit, including the issuance of notes or bonds, (ii) the deferred purchase price of assets (other than trade payables incurred in the ordinary course of business), (iii) in respect of any Synthetic Leases or any Capitalized Leases, (iv) in respect of any reimbursement obligations in respect of letters of credit due and payable during such period, and (v) Indebtedness of the type referred to above of another Person guaranteed by the Borrower Guarantor or any of its Subsidiaries, plus (b) Consolidated Total Interest Expense paid or payable in cash during such Reference Period, plus (c) one tenth (1/10) of the average daily outstanding amount of the Revolving Credit Loans during such Reference Period, plus (d) consolidated rental expense on Rental Obligations for such period as determined in accordance with GAAP. Demand obligations shall be deemed to be due and payable during any fiscal period during which such obligations are outstanding. Consolidated Total Interest Expense. For any period, the aggregate amount of interest required to be paid or accrued by the Borrower and Guarantor or any of its Subsidiaries during such period on all Indebtedness of the Borrower and its Subsidiaries Guarantor or such Subsidiary outstanding during all or any part of such period, whether such interest was or is required to be reflected as an item of expense or capitalized, including payments consisting of interest in respect of any Capitalized Lease or any Synthetic Lease, and including commitment fees, agency fees, facility fees, balance deficiency fees and similar fees or expenses in connection with the borrowing of money, provided, that with respect to the Interpool Convertible Subordinated Debt, all interest payable in cash in any period shall be included in Consolidated Total Interest Expense for such period.
Appears in 1 contract
Consolidated Total Debt Service. With respect to the Borrower CAI and its Subsidiaries and for any Reference Period, the sum, without duplication, of (a) any and all repayments or prepayments of principal (excluding past prepayments of the Existing Interpool Subordinated Debt and the prepayment of the Existing Interpool Subordinated Debt contemplated by Section 9.8)principal, during such period in respect of Indebtedness that becomes become due and payable or that are to become due and payable during such period pursuant to any agreement or instrument to which the Borrower CAI or any of its Subsidiaries is a party relating to (i) the borrowing of money or the obtaining of credit, including the issuance of notes or bonds, (ii) the deferred purchase price of assets (other than trade payables incurred in the ordinary course of business), (iii) in respect of any Synthetic Leases or any Capitalized Leases, (iv) in respect of any reimbursement obligations in respect of letters of credit due and payable during such period, and (v) Indebtedness of the type referred to above of another Person guaranteed by the Borrower CAI or any of its Subsidiaries, plus (b) Consolidated Total Interest Expense paid or payable in cash during such Reference Period, plus (c) one tenth (1/10) of the average daily outstanding amount of the Revolving Credit Loans during such Reference Period, plus (d) consolidated rental expense on Rental Obligations for such period as determined in accordance with GAAP. Demand obligations shall be deemed to be due and payable during any fiscal period during which such obligations are outstanding. Consolidated Total Interest Expense. For any period, the aggregate amount of interest required to be paid or accrued by the Borrower and CAI or any of its Subsidiaries during such period on all Indebtedness of the Borrower and its Subsidiaries CAI or such Subsidiary outstanding during all or any part of such period, whether such interest was or is required to be reflected as an item of expense or capitalized, including payments consisting of interest in respect of any Capitalized Lease or any Synthetic Lease, and including commitment fees, agency fees, facility fees, balance deficiency fees and similar fees or expenses in connection with the borrowing of money, provided, that with respect to the Interpool Convertible Subordinated Debt, all interest payable in cash in any period shall be included in Consolidated Total Interest Expense for such period.
Appears in 1 contract
Samples: Revolving Credit Agreement (CAI International, Inc.)
Consolidated Total Debt Service. With respect to the Borrower CAI and its Subsidiaries and for any Reference Period, the sum, without duplication, of (a) any and all repayments or prepayments of principal (excluding past prepayments of the Existing Interpool Subordinated Debt and the prepayment of the Existing Interpool Subordinated Debt contemplated by Section 9.8), during such period in respect of Indebtedness that becomes become due and payable or that are to become due and payable during such period pursuant to any agreement or instrument to which the Borrower CAI or any of its Subsidiaries is a party relating to (i) the borrowing of money or the obtaining of credit, including the issuance of notes or bonds, (ii) the deferred purchase price of assets (other than trade payables incurred in the ordinary course of business), (iii) in respect of any Synthetic Leases or any Capitalized Leases, (iv) in respect of any reimbursement obligations in respect of letters of credit due and payable during such period, and (v) Indebtedness of the type referred to above of another Person guaranteed by the Borrower CAI or any of its Subsidiaries; provided, however that there shall be excluded from amount described in the clause (a) any payment during such Reference Period to refinance such Indebtedness through the issuance or incurrence of additional Indebtedness permitted pursuant to Section 9.1 hereof, including refinancing through borrowing under existing credit facilities, plus (b) Consolidated Total Interest Expense paid or payable in cash during such Reference Period, plus (c) one tenth (1/10) of the average daily outstanding amount of the Revolving Credit Loans during such Reference Period, plus (d) consolidated rental expense on Rental Obligations for such period as determined in accordance with GAAP. Demand obligations shall be deemed to be due and payable during any fiscal period during which such obligations are outstanding. Consolidated Total Interest Expense. For any period, the aggregate amount of interest required to be paid or accrued by the Borrower and CAI or any of its Subsidiaries during such period on all Indebtedness of the Borrower and its Subsidiaries CAI or such Subsidiary outstanding during all or any part of such period, whether such interest was or is required to be reflected as an item of expense or capitalized, including payments consisting of interest in respect of any Capitalized Lease or any Synthetic Lease, and including commitment fees, agency fees, facility fees, balance deficiency fees and similar fees or expenses in connection with the borrowing of money, provided, that all as determined in accordance with respect to the Interpool Convertible Subordinated Debt, all interest payable in cash in any period shall be included in Consolidated Total Interest Expense for such periodGAAP.
Appears in 1 contract
Samples: Revolving Credit Agreement (CAI International, Inc.)
Consolidated Total Debt Service. With respect to the Borrower and its Subsidiaries and for any Reference Periodperiod, the sum, without duplication, of (a) Consolidated Total Interest Expense for such period plus (b) any and all scheduled repayments or prepayments of principal (excluding past prepayments of the Existing Interpool Subordinated Debt and the prepayment of the Existing Interpool Subordinated Debt contemplated by Section 9.8), during such period in respect of Indebtedness that becomes due and payable or that are to become due and payable during such period pursuant to any agreement or instrument to which the Borrower or any of its Subsidiaries is a party relating to (i) the borrowing of money or the obtaining of credit, including the issuance of notes or bonds, (ii) the deferred purchase price of assets (other than trade payables incurred in the ordinary course of business), (iii) in respect of any Synthetic Leases or any Capitalized Leases, (iv) in respect of any reimbursement obligations in respect of letters of credit or bankers acceptances due and payable during such period, and (v) Indebtedness of the type referred to above of another Person guaranteed by the Borrower or any of its Subsidiaries, plus (b) Consolidated Total Interest Expense paid or payable in cash during such Reference Period, plus (c) one tenth (1/10) of the average daily outstanding amount of the Revolving Credit Loans during such Reference Period, plus (d) consolidated rental expense for such period as determined in accordance with GAAP. Demand obligations shall be deemed to be due and payable during any fiscal period during which such obligations are outstanding. Consolidated Total Interest Expense. For any period, the aggregate amount of interest required to be paid or accrued by the Borrower and its Subsidiaries during such period on all Indebtedness of the Borrower and its Subsidiaries outstanding during all or any part of such period, whether such interest was or is required to be reflected as an item of expense or capitalized, including payments consisting of interest in respect of any Capitalized Lease or any Synthetic Lease, and including commitment fees, agency fees, facility fees, balance deficiency fees and similar fees or expenses in connection with the borrowing of money, provided, that with respect to the Interpool Convertible Subordinated Debt, all interest payable in cash in any period shall be included in Consolidated Total Interest Expense for such period.
Appears in 1 contract
Consolidated Total Debt Service. With respect to the Borrower CAI and its Subsidiaries and for any Reference Period, the sum, without duplication, of (a) any and all repayments or prepayments scheduled payments of principal (excluding past prepayments of the Existing Interpool Subordinated Debt and the prepayment of the Existing Interpool Subordinated Debt contemplated by Section 9.8)principal, during such period in respect of Indebtedness that becomes become due and payable or that are to become due and payable during such period pursuant to any agreement or instrument to which the Borrower CAI or any of its Subsidiaries is a party relating to (i) the borrowing of money or the obtaining of credit, including the issuance of notes or bonds, (ii) the deferred purchase price of assets (other than trade payables incurred in the ordinary course of business), (iii) in respect of any Synthetic Leases or any Capitalized Leases, (iv) in respect of any reimbursement obligations in respect of letters of credit due and payable during such period, and (v) Indebtedness of the type referred to above of another Person guaranteed by the Borrower CAI or any of its Subsidiaries, plus (b) Consolidated Total Interest Expense paid or payable in cash during such Reference Period, plus (c) one tenth (1/10) of the average daily outstanding amount of the Revolving Credit Loans during such Reference Period, plus (d) consolidated rental expense on Rental Obligations for such period all as determined in accordance with GAAP. Demand obligations shall be deemed to be due and payable during any fiscal period during which such obligations are outstanding. Consolidated Total Interest Expense. For any period, the aggregate amount of interest required to be paid or accrued by the Borrower and CAI or any of its Subsidiaries during such period on all Indebtedness of the Borrower and its Subsidiaries CAI or such Subsidiary outstanding during all or any part of such period, whether such interest was or is required to be reflected as an item of expense or capitalized, including payments consisting of interest in respect of any Capitalized Lease or any Synthetic Lease, and including commitment fees, agency fees, facility fees, balance deficiency fees and similar fees or expenses in connection with the borrowing of money, provided, that all as determined in accordance with respect to the Interpool Convertible Subordinated Debt, all interest payable in cash in any period shall be included in Consolidated Total Interest Expense for such periodGAAP.
Appears in 1 contract
Samples: Revolving Credit Agreement (CAI International, Inc.)
Consolidated Total Debt Service. With respect to the Borrower CAI and its Subsidiaries and for any Reference Period, the sum, without duplication, of (a) any and all repayments or prepayments of principal (excluding past prepayments of the Existing Interpool Subordinated Debt and the prepayment of the Existing Interpool Subordinated Debt contemplated by Section 9.8)principal, during such period in respect of Indebtedness that becomes due and payable or that are to become due and payable during such period pursuant to any agreement or instrument to which the Borrower CAI or any of its Subsidiaries is a party relating to (i) the borrowing of money or the obtaining of credit, including the issuance of notes or bonds, (ii) the deferred purchase price of assets (other than trade payables incurred in the ordinary course of business), (iii) in respect of any Synthetic Leases or any Capitalized Leases, (iv) in respect of any reimbursement obligations in respect of letters of credit due and payable during such period, and (v) Indebtedness of the type referred to above of another Person guaranteed by the Borrower CAI or any of its Subsidiaries, plus (b) Consolidated Total Interest Expense paid or payable in cash during such Reference Period, plus (c) one tenth (1/10) of the average daily outstanding amount of the Revolving Credit Loans during such Reference Period, plus (d) consolidated rental expense for such period as determined in accordance with GAAP. Demand obligations shall be deemed to be due and payable during any fiscal period during which such obligations are outstanding. Consolidated Total Interest Expense. For any period, the aggregate amount of interest required to be paid or accrued by the Borrower and CAI or any of its Subsidiaries during such period on all Indebtedness of the Borrower and its Subsidiaries CAI or such Subsidiary outstanding during all or any part of such period, whether such interest was or is required to be reflected as an item of expense or capitalized, including payments consisting of interest in respect of any Capitalized Lease or any Synthetic Lease, and including commitment fees, agency fees, facility fees, balance deficiency fees and similar fees or expenses in connection with the borrowing of money, provided, that with respect to the Interpool Convertible Subordinated Debt, all interest payable in cash in any period shall be included in Consolidated Total Interest Expense for such period.
Appears in 1 contract
Samples: Revolving Credit Agreement (CAI International, Inc.)
Consolidated Total Debt Service. With respect to the Borrower Guarantor and its Subsidiaries and for any Reference Period, the sum, without duplication, of (a) any and all repayments or prepayments of principal (excluding past prepayments of the Existing Interpool Subordinated Debt and the prepayment of the Existing Interpool Subordinated Debt contemplated by Section 9.8)principal, during such period in respect of Indebtedness that becomes become due and payable or that are to become due and payable during such period pursuant to any agreement or instrument to which the Borrower Guarantor or any of its Subsidiaries is a party relating to (i) the borrowing of money or the obtaining of credit, including the issuance of notes or bonds, (ii) the deferred purchase price of assets (other than trade payables incurred in the ordinary course of business), (iii) in respect of any Synthetic Leases or any Capitalized Leases, (iv) in respect of any reimbursement obligations in respect of letters of credit due and payable during such period, and (v) Indebtedness of the type referred to above of another Person guaranteed by the Borrower Guarantor or any of its Subsidiaries, plus (b) Consolidated Total Interest Expense paid or payable in cash during such Reference Period, plus (c) one tenth (1/10) of the average daily outstanding amount of the Revolving Credit Loans during such Reference Period, plus (d) consolidated rental expense on Rental Obligations for such period as determined in accordance with GAAP. Demand obligations , provided, however that there shall be deemed excluded from the amount described in clause (a) any payment to be due and payable during any fiscal period during which such obligations are outstandingrefinance Indebtedness permitted pursuant to Section 9.1 hereof, including refinancing through borrowing under existing credit facilities. Consolidated Total Interest Expense. For any period, the aggregate amount of interest required to be paid or accrued by the Borrower and Guarantor or any of its Subsidiaries during such period on all Indebtedness of the Borrower and its Subsidiaries Guarantor or such Subsidiary outstanding during all or any part of such period, whether such interest was or is required to be reflected as an item of expense or capitalized, including payments consisting of interest in respect of any Capitalized Lease or any Synthetic Lease, and including commitment fees, agency fees, facility fees, balance deficiency fees and similar fees or expenses in connection with the borrowing of money, provided, that with respect to the Interpool Convertible Subordinated Debt, all interest payable in cash in any period shall be included in Consolidated Total Interest Expense for such period.
Appears in 1 contract