Debt incurred or Preferred Stock issued by a Person prior to the time (A) such Person became a Restricted Subsidiary, (B) such Person merges into or consolidates with a Restricted Subsidiary or (C) another Restricted Subsidiary merges into or consolidates with such Person (in a transaction in which such Person becomes a Restricted Subsidiary), which Debt or Preferred Stock was not Incurred or issued in anticipation of such transaction and was outstanding prior to such transaction; and
Debt incurred in connection with a Hedging Agreement with a counterparty and upon terms and conditions (including interest rate) reasonably satisfactory to the Administrative Agent; provided, that any counterparty that is a Lender shall be deemed satisfactory to the Administrative Agent.
Debt incurred by Foreign Subsidiaries to finance the payment (and not in excess of) of cash dividends to reinvest foreign earnings in the United States, as contemplated and to the extent permitted by the American Jobs Creation Act of 2004, as a source for, but not limited to, the financial stabilization of the Borrower and its Domestic Subsidiaries for the purposes of jobs retention or creation; and
Debt incurred by the Borrower or any Subsidiary of the Borrower in the ordinary course of business, consistent with past practice, for the deferred purchase price of goods or services;
Debt incurred in connection with a Hedging Agreement with a counterparty and upon terms and conditions (including interest rate) reasonably satisfactory to the Administrative Agent; provided, that any counterparty that is a Lender or the Bank of Montreal shall be deemed satisfactory to the Administrative Agent;
Debt incurred in connection with a Hedging Agreement with a counterparty and upon terms and conditions (including without limitation interest rate terms and conditions) reasonably satisfactory to the Administrative Agent.
Debt incurred in connection with a Hedging Agreement which is non-speculative and entered into in the ordinary course of a Borrower's business.
Debt incurred or Disqualified Equity issued to renew, extend, refinance or refund any Debt or Disqualified Equity permitted in Clauses (i) through (iv) above, or the Securities (in the event that the Securities are redeemed in part), the Company's 13 1/4% Senior Discount Notes due September 30, 2004 or the Company's 11 3/4% Senior Discount Notes due December 15, 2005 in an amount not to exceed the outstanding principal amount (or, if less, Accreted Value) of the Debt or the aggregate liquidation preference of the Disqualified Equity so refinanced plus the amount of any
(a) in the case of any refinancing or refunding of Debt which is pari passu to the Securities, the refinancing or refunding Debt is made pari passu to the Securities or subordinated to the Securities, and, in the case of any refinancing or refunding of Debt which is subordinated to the Securities or of Disqualified Equity, the refinancing or refunding Debt is subordinated to the Securities to the same extent as the Debt being refinanced or refunded or is Disqualified Equity; and
(b) in either case, the refinancing or refunding Debt or Disqualified Equity by its terms, or by the terms of any agreement or instrument pursuant to which such Debt or Disqualified Equity is Incurred or issued, as the case may be, does not have a Weighted Average Life that is lower than that of the Debt or Disqualified Equity being refinanced or refunded; and
Debt incurred by the Borrower in connection with a Hedging Agreement with a counterparty and upon terms and conditions reasonably satisfactory to the Administrative Agent;
Debt incurred pursuant to the first paragraph of and Clause (v) of the third paragraph of Section 1008;
