Definition of Senior Indebtedness. Senior Indebtedness" shall mean the principal of (and premium, if any), unpaid interest on and amounts reimbursed, fees, expenses, costs of enforcement and other amounts due in connection with any indebtedness of the Company to a commercial bank lender Silicon Valley Bank ("Bank"), which may be incurred from time to time pursuant to an agreement between the Company and Bank, which credit facility shall not exceed $1,000,000 ("Senior Indebtedness").
Definition of Senior Indebtedness. “Senior Indebtedness” means at any date all indebtedness under the Securities and the Indenture (including, without limitation, all amounts payable pursuant to Section 607 of the Indenture, principal, interest, Additional Amounts, premium, fees, penalties, indemnities and “post-petition interest” in bankruptcy).
Definition of Senior Indebtedness. The term “Senior Indebtedness” is defined to mean the principal of and premium, if any, and interest on the following: (i) all indebtedness and obligations (other than the Notes) that are created, assumed or guaranteed by the Company, whether before or after the issuance of the Notes, that are (A) for money borrowed or (B) secured by purchase money mortgages or other similar security interests given by the Company or any subsidiary on real or personal property, (ii) all obligations of the Company, whether existing on or after the issuance of the Notes, as lessee under a lease of real or personal property, which in accordance with generally accepted accounting principles have been capitalized, unless, with respect to any indebtedness or obligations described in clause (i) or (ii) of this Section 9(h), the instrument creating or evidencing such indebtedness expressly provides that such indebtedness is not superior in right of payment of the Notes, (iii) all indebtedness or obligations of a kind not described in said clause (i) or (ii) which were incurred or guaranteed by the Company in connection with the acquisition of an existing business or assets, whether by means of a merger, consolidation, stock acquisition or acquisition of all or part of the assets of a corporation, partnership, limited lability company, business trust, sole proprietorship or other entity, or otherwise, and (iv) any deferrals, renewals, extensions or refundings of any of the foregoing, unless, in the case of any particular indebtedness or obligation or renewal, extension or refunding thereof, under the express provisions of the instrument creating or evidencing the same, or pursuant to which the same is outstanding, such indebtedness or other obligation or such renewal, extension or refunding thereof is not superior in right of payment to this Note. Senior Indebtedness shall not include (x) indebtedness incurred for compensation to employees, or (y) other indebtedness incurred in the ordinary course of business for goods, materials, or services or any obligations of the Company under, or in respect of, leases other than as hereinbefore described. There are no restrictions on the right of the Company to incur Senior Indebtedness. Senior Indebtedness shall not include any Notes issued pursuant to Exchange Agreements or any indebtedness by the Company to the Partnership.
Definition of Senior Indebtedness. The term "Senior Indebtedness" shall mean the principal and interest on (i) all Indebtedness of the Company and its Subsidiaries for money borrowed from time to time, including that owing to banks or other financial institutions, an agency or agencies of the federal government or other institutions engaged in the business of lending money, (ii) all Capital Leases of the Company and its Subsidiaries, (iii) obligations of the Company for the reimbursement of any obligor on any Letter of Credit, banker's acceptance or similar credit transaction, and (iv) any deferrals, renewals and extensions of any indebtedness described in clauses (i) through (iii) above, unless under the express provisions of the instrument creating or evidencing any such indebtedness, or pursuant to which the same is outstanding, such indebtedness is not superior in right of payment to the Convertible Notes; provided, however, that Senior Indebtedness shall not include Indebtedness owed or owing to any Subsidiary or any officer, director or employee of the Company or any Subsidiary.
Definition of Senior Indebtedness. The term "Senior Indebtedness," as used in this Agreement, shall mean the principal and interest on the following, whether outstanding at the date of execution of this Agreement or thereafter incurred, created, assumed, modified, renewed or extended: (w) indebtedness of the Company for money borrowed (including the loan with Security Bank); (x) the financial obligations of the Company to CenCor existing as of the date hereof (which will be repaid in full and released at Closing); (y) obligations of the Company as lessee under any lease of property which is reflected on the Company's balance sheet as a capitalized lease in accordance with generally accepted accounting principles ("GAAP"); and (z) guarantees by the Company of indebtedness for money borrowed by a Subsidiary or of any obligations of a Subsidiary under any lease of property which is reflected on the Subsidiary's balance sheet as a capitalized lease in accordance with GAAP.
Definition of Senior Indebtedness. Solely for purposes of the Debentures, clauses (b), (e) and (f) of the definition of "Senior Indebtedness" in Section 1.1 of the Original Indenture shall not apply, and the following clauses (b) and (e) shall instead be applicable:
Definition of Senior Indebtedness. “Senior Indebtedness” shall mean, unless expressly subordinated to or made on a parity with the amounts due under this Note and the other Notes, the principal of (and premium, if any), unpaid interest on and amounts reimbursed, fees, expenses, costs of enforcement and other amounts due in connection with, (i) indebtedness of the Company, or with respect to which the Company is a guarantor, to banks, commercial finance lenders, insurance companies, leasing or equipment financing institutions or other lending institutions regularly engaged in the business of lending money (excluding venture capital, investment banking or similar institutions which sometimes engage in lending activities but which are primarily engaged in investments in equity securities), which is for money borrowed, or purchase or leasing of equipment in the case of lease or other equipment financing, by the Company, whether or not secured, (ii) any debentures, notes or other evidence of indebtedness issued in exchange for such Senior Indebtedness, or any indebtedness arising from the satisfaction of such Senior Indebtedness by a guarantor and (iii) any indebtedness set forth on Annex A.
Definition of Senior Indebtedness. The term "Senior Indebtedness" shall mean the principal, interest and other amounts due under the terms of the instruments creating or evidencing all Consolidated Funded Indebtedness of the Company permitted by Section 9.1 hereof from time to time, including that owing to banks or other financial institutions (including, but not limited to, under the terms of the Second Amended and Restated Credit Agreement among the Company, the lenders executing a signature thereto and NationsBank, National Association, as Agent, dated as of March 11, 1998, as may be amended from time to time (the "Credit Facility")), an agency or agencies of the federal government or other institutions engaged in the business of lending money, unless expressly stated not to be superior in right of payment to the Convertible Notes; provided that "Senior Indebtedness" shall in any case include all amounts owing under or pursuant to the Credit Facility to the extent of the current available credit facilities in the maximum principal amount at anytime outstanding of $28,000,000.00 which shall include a Term Loan Facility (as defined in the Credit Facility) and a Revolving Credit Facility (as defined in the Credit Facility), including a letter of credit subfacility of up to $5,000,000 together with all interest and other amounts due or payable thereunder, notwithstanding the Company's compliance or non-compliance with Section 9.1; and provided, further, that "Senior Indebtedness" shall in any case not include any amounts owing to Lumen Technologies, Inc. or to a Subsidiary or an Affiliate of the Company or Lumen Technologies, Inc. (other than holders of the Convertible Notes), notwithstanding the Company's compliance or non-compliance with Section 9.1 hereof.
Definition of Senior Indebtedness. The term "Senior Indebtedness," as used in this Debenture, shall mean the principal and interest on the following, whether outstanding at the date of execution of the Debenture Purchase Agreement or thereafter incurred, created, assumed, modified, renewed or extended: (w) indebtedness of the Company for money borrowed (including the loan with Security Bank, as defined in the Debenture Purchase Agreement); (x) the financial obligations of the Company to CenCor existing as of the date hereof (which will be repaid in full and released at Closing as defined in the Debenture Purchase Agreement); (y) obligations of the Company as lessee under any lease of property which is reflected on the Company's balance sheet as a capitalized lease in accordance with generally accepted accounting principles ("GAAP"); and (z) guarantees by the Company of indebtedness for money borrowed by a Subsidiary or of any obligations of a Subsidiary under any lease or property which is reflected on the Subsidiary's balance sheet as a capitalized lease in accordance with GAAP.
Definition of Senior Indebtedness. The term "Senior --------------------------------- ------ Indebtedness" shall mean the principal of, premium, if any, and interest (including, without limitation, all interest on the Senior Indebtedness accruing after the commencement of any insolvency, liquidation or other proceeding of the type referred to in Section 10.3 hereof and any additional interest that would have accrued but for the commencement of such proceeding whether or not the claim for such interest is allowed under applicable law) on Indebtedness outstanding under the Revolving Credit Facility and related obligations thereunder in respect of letters of credit, Interest Rate Protection Agreements, indemnities, fees and expenses; the term "Senior Indebtedness" shall not include ------------------- the principal of loans or the amount of letter of credit obligations under the Revolving Credit Facility in excess of $75,000,000 except (a) to the extent that no Event of Default or Potential Default shall exist at the date of incurrence of such incremental Indebtedness or would be caused thereby or (b) such loans or amounts constitute Post-Default Advances and do not exceed in the aggregate twenty-five percent (25%) of the maximum amount of the Revolving Credit Facility without taking into account such Post- Default Advances.
