Common use of Excluding Clause in Contracts

Excluding. (i) all Indebtedness that is not secured by a Lien on assets of the Borrower or any of its Restricted Subsidiaries $ (ii) all Indebtedness that is secured by a Lien on assets of the Borrower or any of its Restricted Subsidiaries but is subordinated in right of payment to the First Lien Obligations $ (iii) the effects of any discounting of Indebtedness resulting from the application of purchase accounting in connection with the Transactions or any Permitted Acquisition, $ (iv) net obligations under any Swap Contract, (v) any earn-out obligation until such obligation becomes a liability on the balance sheet of the Borrower and its Restricted Subsidiaries, $ (vi) any deferred compensation arrangements, $ (vii) any non-compete or consulting obligations incurred in connection with Permitted Acquisitions, $ (viii) obligations in respect of letters of credit, bankers’ acceptances, bank Guarantees, surety bonds, performance bonds, advance payment guarantees or bonds, warranties, bid guarantees or bonds and similar instruments except to the extent of unreimbursed amounts thereunder; provided that any unreimbursed amount under commercial letters of credit shall not be counted as Consolidated Funded Indebtedness until one (1) Business Day after such amount is drawn $

Appears in 1 contract

Samples: First Lien Credit Agreement (GMS Inc.)

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Excluding. (i) all Indebtedness that is not secured by a Lien on assets constituting Collateral (for the avoidance of the Borrower or doubt, excluding any of its Restricted Subsidiaries assets constituting Excluded Property), $ (ii) all Indebtedness that is secured by a Lien on assets constituting Collateral (for the avoidance of the Borrower or doubt, excluding any of its Restricted Subsidiaries assets constituting Excluded Property) but is subordinated in right of payment to the First Lien Obligations Obligations, $ (iii) the effects of any discounting of Indebtedness resulting from the application of purchase accounting in connection with the Transactions or any Permitted Acquisition, $ (iv) net obligations under any Swap Contract, (v) any earn-out obligation until such obligation becomes a liability on the balance sheet of the Borrower and its Restricted Subsidiaries, $ (vi) any deferred compensation arrangements, $ (vii) any non-compete or consulting obligations incurred in connection with Permitted Acquisitions, $ (viii) obligations in respect of letters of credit, bankers’ acceptances, bank Guarantees, surety bonds, performance bonds, advance payment guarantees or bonds, warranties, bid guarantees or bonds and similar instruments except to the extent of unreimbursed amounts thereunder; provided that any unreimbursed amount under commercial letters of credit shall not be counted as Consolidated Funded Indebtedness until one (1) Business Day after such amount is drawn $ 2.1 Total (Lines B.2(i) + (ii) + (iii) + (iv) + (v) + (vi) + (vii) + (viii)) $

Appears in 1 contract

Samples: First Lien Credit Agreement (At Home Group Inc.)

Excluding. (i) all Indebtedness that is not secured by a Lien on assets of the Borrower or any of its Restricted Subsidiaries $ (ii) all Indebtedness that is secured by a Lien on assets of the Borrower or any of its Restricted Subsidiaries but is subordinated in right of payment to the First Second Lien Obligations $ (iii) the effects of any discounting of Indebtedness resulting from the application of purchase accounting in connection with the Transactions or any Permitted Acquisition, $ (iv) net obligations under any Swap Contract, (v) any earn-out obligation until such obligation becomes a liability on the balance sheet of the Borrower and its Restricted Subsidiaries, $ (vi) any deferred compensation arrangements, $ (vii) any non-compete or consulting obligations incurred in connection with Permitted Acquisitions, $ (viii) obligations in respect of letters of credit, bankers’ acceptances, bank Guarantees, surety bonds, performance bonds, advance payment guarantees or bonds, warranties, bid guarantees or bonds and similar instruments except to the extent of unreimbursed amounts thereunder; provided that any unreimbursed amount under commercial letters of credit shall not be counted as Consolidated Funded Indebtedness until one (1) Business Day after such amount is drawn $

Appears in 1 contract

Samples: Second Lien Credit Agreement (GMS Inc.)

Excluding. (i) all Indebtedness that is not secured by a first priority Lien on assets any Collateral (other than Liens permitted under Section 7.01(i) of the Borrower or any of its Restricted Subsidiaries Agreement) $ (ii) all Indebtedness that is secured by a first priority Lien on assets of the Borrower or any of its Restricted Subsidiaries Collateral but is subordinated in right of payment to the First Lien Obligations $ (iii) the effects of any discounting of Indebtedness resulting from the application of purchase accounting in $ (1) With respect to any time period beginning on the Closing Date and ending on the Business Day that immediately follows the date on which a Compliance Certificate is delivered in respect of the first fiscal year of the Borrower ending after the Closing Date, references to “GAAP” in this Compliance Certificate shall be deemed to mean “IFRS” (unless the Borrower elects that such references to “GAAP” shall be deemed to mean “GAAP”). connection with the Transactions or any Permitted Acquisition, $, (iv) net obligations under any Swap Contract, (v) any earn-out obligation until such obligation becomes a liability on the balance sheet of the Borrower and its Restricted Subsidiaries, $ (vi) any deferred compensation arrangements, $ (vii) any non-compete or consulting obligations incurred in connection with Permitted Acquisitions, $ (viii) obligations in respect of letters of creditcredit (including Letters of Credit), bankers’ acceptances, bank Guarantees, surety bonds, performance bonds, advance payment guarantees or bonds, warranties, bid guarantees or bonds and similar instruments except to the extent of unreimbursed amounts thereunder; provided that any unreimbursed amount under commercial letters of credit shall not be counted as Consolidated Funded First Lien Indebtedness until one (1) Business Day after such amount is drawn $ 2.1 Total (Lines I.B.2(i) + (ii) + (iii) + (iv) + (v) + (vi) + (vii) + (viii)) $

Appears in 1 contract

Samples: First Lien Credit Agreement (EWT Holdings I Corp.)

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Excluding. (i) all Indebtedness that is not secured by a Lien on assets of the Borrower or any of its Restricted Subsidiaries $ (ii) all Indebtedness that is secured by a Lien on assets of the Borrower or any of its Restricted Subsidiaries but is subordinated in right of payment to the First Lien Obligations or the Second Lien Obligations $ (iii) the effects of any discounting of Indebtedness resulting from the application of purchase accounting in connection with the Transactions or any Permitted Acquisition, $ (iv) net obligations under any Swap Contract, (v) any earn-out obligation until such obligation becomes a liability on the balance sheet of the Borrower and its Restricted Subsidiaries, $ (vi) any deferred compensation arrangements, $ (vii) any non-compete or consulting obligations incurred in connection with Permitted Acquisitions, $ (viii) obligations in respect of letters of creditcredit (including Letters of Credit), bankers’ acceptances, bank Guarantees, surety bonds, performance bonds, advance payment guarantees or bonds, warranties, bid guarantees or bonds and similar instruments except to the extent of unreimbursed amounts thereunder; provided that any unreimbursed amount under commercial letters of credit shall not be counted as Consolidated Funded Indebtedness until one (1) Business Day after such amount is drawn $ 2.1 Total (Lines A.2(i) + (ii) + (iii) + (iv) + (v) + (vi) + (vii) + $

Appears in 1 contract

Samples: First Lien Credit Agreement (EWT Holdings I Corp.)

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