Definition of Indebtedness. The word “Indebtedness” as used in this Guaranty shall mean all of the principal amount outstanding from time to time and at any one or more times, accrued unpaid interest thereon, and all collection costs and legal expenses related thereto permitted by law, and attorneys' fees arising from any and all debts, liabilities and obligations of every nature or form, now existing or hereafter arising or acquired, that Borrower individually or collectively or interchangeably with others, owes or will owe Lender. "Indebtedness" includes, without limitation, loans, advances (including, but not limited to, protective advances made by Lender), debts, overdraft indebtedness, credit card indebtedness, lease obligations, liabilities and obligations under any interest rate protection agreements or foreign currency exchange agreements or commodity price protection agreements, other obligations and liabilities of Borrower, or any one or more of them, and any present or future judgments against Borrower, or any one or more of them, future advances, loans or transactions that renew, extend, modify, refinance, consolidate or substitute these debts, liabilities and obligations whether: voluntarily or involuntarily incurred; due or to become due by their terms or acceleration; absolute or contingent; liquidated or unliquidated; determined or undetermined; direct or indirect; primary or secondary in nature or arising from a guaranty or surety; secured or unsecured; joint or several or joint and several; evidenced by a negotiable or non-negotiable instrument or writing; originated by Lender or another or others; barred or unenforceable against Borrower for any reason whatsoever; for any transactions that may be voidable for any reason (such as infancy, insanity, ultra xxxxx or otherwise); and originated then reduced or extinguished and then afterwards increased or reinstated. The definition of “Indebtedness” shall also include the amount of any payments made to Lender on behalf of Borrower (including payments resulting from liquidation of collateral) which are recovered from Lender by a trustee, receiver, creditor or other party pursuant to applicable Federal or state law (the “Surrendered Payments”). In the event that Lender makes any Surrendered Payments (including pursuant to a negotiated settlement), the Surrendered Payments shall immediately be reinstated as Indebtedness, regardless of whether Lender has surrendered or cancelled this Guaranty prior to returning the Surrender...
Definition of Indebtedness. The definition of “Indebtedness” set forth in Section 1.1 of the Indenture is hereby amended and restated in its entirety solely with respect to the Affected Securities as follows:
Definition of Indebtedness. The definition of “Indebtedness” in the Merger Agreement shall be amended in its entirety to read as follows:
Definition of Indebtedness. The last sentence of the definition of “Indebtedness” contained in Section 1.1 of the Credit Agreement is amended and restated to read as follows: For the avoidance of doubt, the obligation of any Person to pay an “earn-out” or similar contingent consideration obligation in respect of an acquisition (whether of Equity Interests or assets) shall not constitute “Indebtedness” until the date that is sixty (60) days after such obligation has been deemed (and treated as) a non-contingent liability in accordance with GAAP (including without limitation in the event such earn-out or similar obligation becomes the subject of an interest-bearing note or similar instrument).
Definition of Indebtedness. Clause (b) of the definition of “Indebtedness” is hereby deleted in its entirety and replaced with the following:
Definition of Indebtedness. Except for principal of, and interest on, the Obligations Secured, the term “Obligations Secured”, as defined above does not include any amount which is not exempt from the mortgage registry tax pursuant to Minnesota Statutes § 287.05, Subd. 4, or otherwise, and does not include accrued interest which, in accordance with the instruments evidencing the Obligations Secured, is added to and becomes a part of the unpaid principal balance.
Definition of Indebtedness. The indebtedness or loan as
Definition of Indebtedness. Section 1.01 of the Credit Agreement is hereby amended by deleting subsection (a) of the definition of “Indebtedness” appearing therein and replacing it with the following:
(a) all obligations for borrowed money and all obligations evidenced by bonds, debentures, notes, loan agreements or other similar instruments (including the BMO Loan Documents and the JPM Loan Documents);”
Definition of Indebtedness. Paragraphs (a) through (d), inclusive, as set forth on pages 2 and 3 of the Original Mortgage (which paragraphs define "Indebtedness" under the Original Mortgage) are hereby deleted in their entirety, and in lieu thereof, the following number paragraphs are inserted:
(a) All Obligations, including the debt and interest thereon evidenced by the Notes, including: (i) those certain promissory notes (the "Wachovia Notes") dated July 23, 2001, made by Crown Crafts, Hamco, Inc., Crown Crafts Infant Products, Inc. and Obligor, payable to the order of Wachovia Bank, N.A., in the aggregate principal face amount of up to Fifteen Million One Hundred Three Thousand One Hundred Ten and No/100 Dollars ($15,103,110.00), described as follows: (1) that certain Revolving Loan Note in the maximum principal amount of $8,695,730.00 due on or before July 30, 2003, and (2) that certain $6,407,380.00 Term Loan Note due on or before July 30, 2006; (ii) those certain promissory notes (the "Bank of America Notes") dated July 23, 2001, made by Crown Crafts, Hamco, Inc., Crown Crafts Infant Products, Inc. and Obligor, payable to the order of Bank of America, N.A., in the aggregate principal face amount of up to Six Million Five Hundred Forty Thousand Nine Hundred Thirty and No/100 Dollars ($6,540,930.00), described as follows: (1) that certain Revolving Loan Note in the maximum principal amount of $3,765,990.00 due on or before July 30, 2003, and (2) that certain $2,774,940.00 Term Loan Note due on or before July 30, 2006; and (iii) those certain promissory notes (the "Prudential Notes") dated July 23, 2001, made by Crown Crafts, Hamco, Inc., Crown Crafts Infant Products, Inc. and Obligor, payable to the order of The Prudential Insurance Company of America, in the aggregate principal face amount of up to Eleven Million Three Hundred Fifty Five Thousand Nine Hundred Sixty and No/100 Dollars ($11,355,960.00), described as follows: (1) that certain Revolving Loan Note in the maximum principal amount of $6,538,280.00 due on or before July 30, 2003, and (2) that certain $4,817,680.00 Term Loan Note due on or before July 30, 2006, and all other indebtedness, liabilities and obligations of Obligor to the Collateral Agent and Lenders under that certain Credit Agreement dated as of the date hereof by and among Crown Crafts, Hamco, Inc., Crown Crafts Infant Products, Inc., Obligor, Collateral Agent and Lenders (as amended or otherwise modified from time to time, the "Credit Agreement"), the Not...
Definition of Indebtedness. The term “Indebtedness” means at any particular time, without duplication, (i) all indebtedness or other obligations of the Companies or the Subsidiaries for borrowed money, whether current, short-term or long-term, secured or unsecured, (ii) all obligations of the Companies or the Subsidiaries evidenced by any note, bond, debenture or other similar instrument or debt security, (iii) all obligations of the Companies or the Subsidiaries arising from cash/book overdrafts, (iv) all indebtedness for the deferred purchase price of property or services with respect to which the Companies or the Subsidiaries is liable, contingently or otherwise, as obligor or otherwise, which is not evidenced by a trade payable or other current liability, (v) all obligations of the Companies or the Subsidiaries arising from deferred compensation, consulting or noncompetition arrangements, (vi) all obligations under severance plans, bonus plans or similar arrangements triggered or made payable (whether immediately or over time) solely as a result of the transactions contemplated herein, (vii) all obligations of the Companies or the Subsidiaries under capitalized leases, (viii) all obligations secured by a Lien on any assets of the Companies or the Subsidiaries, (ix) all guarantees (including guarantees in the form of an agreement to repurchase or reimburse) by the Companies or the Subsidiaries of the obligations of another Person (other than the Companies or the Subsidiaries) and other commitments by the Companies or the Subsidiaries that assures a creditor against loss (including contingent reimbursement obligations with respect to letters of credit and bankers’ acceptances), (x) any amounts under any agreement to which the Companies or the Subsidiaries is subject to prior to the Closing (other than the Agreement) that are payable or would become payable by the Companies or the Subsidiaries solely as a result of the transactions contemplated hereby, (xi) all liabilities of the Companies or the Subsidiaries classified as non-current liabilities in accordance with GAAP as of the Closing Date, and (xii) all accrued interest payable, prepayment premiums or penalties related to any of the foregoing.
