Funded Debt. 4 GAAP........................................................................................................4
Funded Debt create, incur or assume any Funded Debt, except Permitted Funded Debt;
Funded Debt. With respect to the Company or any Consolidated Subsidiary, without duplication, (a) all Indebtedness for money borrowed of such Person, (b) in respect of Capitalized Leases, the capitalized amount thereof that would appear on a balance sheet of such Person prepared in accordance with GAAP, (c) all reimbursement obligations of such Person with respect to letters of credit, bankers’ acceptances, or similar facilities issued for the account of such Person, (d) Indebtedness in respect of the securitization of 12b-1 Fees, (e) all guarantees, endorsements, acceptances, and other contingent obligations of such Person, whether direct or indirect, in respect of Indebtedness for borrowed money of others, including any obligation to supply funds to or in any manner to invest in, directly or indirectly, the debtor, to purchase Indebtedness for borrowed money, or to assure the owner of Indebtedness for borrowed money against loss, through an agreement to purchase goods, supplies, or services for the purpose of enabling the debtor to make payment of the Indebtedness held by such owner or otherwise, (f) net obligations of such Person under any Swap Contract in an amount equal to the Swap Termination Value thereof, and (g) Attributable Indebtedness of such Person. Notwithstanding the foregoing, Funded Debt shall not include Broker-Dealer Debt.
Funded Debt. 3 Holder......................................................................... 3 Indenture...................................................................... 3 interest....................................................................... 4
Funded Debt. No Loan Party shall, nor shall it permit any of its Subsidiaries to, create, incur, assume or suffer to exist any Funded Debt, except for:
(i) the Senior Credit Obligations and the RPIFT Senior Credit Obligations;
(ii) any Funded Debt arising under Secured Cash Management Agreements, Secured Hedge Agreements, RPIFT Secured Cash Management Agreements or RPIFT Secured Hedge Agreements;
(iii) the Cubicin Acquisition Debt;
(iv) other unsecured indebtedness of RPIFT; provided that, (A) both immediately before and after giving pro-forma effect thereto, no Default or Event of Default shall have occurred and RPIFT will be in compliance with the financial covenants set forth in Section 7.10 after giving effect to such unsecured indebtedness on a Pro-Forma Basis and (B) any such indebtedness has a final maturity date equal to or later than the latest of the maturity dates of the RPIFT Term Loans, and a Weighted Average Life to Maturity equal to or greater than the latest Weighted Average Life to Maturity, of the RPIFT Term Loans; and
(v) as set forth in the Transaction Description or in connection with the Reorganization.
Funded Debt. Funded Debt" of any Person shall mean, without duplication, (i) all indebtedness for borrowed money or issued in exchange or substitution for borrowed money (including, without limitation, indebtedness evidenced by issued but uncashed checks or as amounts drawn against overdraft lines of credit), (ii) all liabilities of such Person evidenced by any note, bond, debenture or other debt security, (iii) all liabilities of such Person for the deferred purchase price of property or services (excluding operating leases) with respect to which such Person is liable, contingently or otherwise, as obligor or otherwise, including, without limitation, all incurred but unpaid liabilities with respect to former employees for which such Person is liable and all liabilities (whether earn-outs, indemnity payments, non-compete payments, consulting payments, bonuses, commissions or other forms of compensation or other similar payments) that may be payable as a result of or in connection with (x) the Merger or (y) any acquisition of, or investments in, another Person or in the assets of another Person (other than trade payables and other current liabilities incurred in the ordinary course of business which are not more than six months past due) by such Person, (iv) all commitments by which such Person assures a creditor against loss (including contingent reimbursement obligations with respect to letters of credit), other than such commitments that have been entered into in the ordinary course of business which are not more than six months past due, (v) all liabilities guaranteed in any manner by such Person (including guarantees in the form of an agreement to repurchase or reimburse, but excluding the guaranty of any WPZ Subsidiary of WPZ indebtedness that is considered Funded Debt), (vi) all liabilities under capitalized leases with respect to which such Person is liable, contingently or otherwise, as obligor, guarantor or otherwise, or with respect to which obligations another Person assures a creditor against loss; and (vii) any fees, penalties (including any prepayment or similar penalties triggered upon the consummation of the transactions contemplated hereunder) or accrued and unpaid interest on any of the foregoing items.
Funded Debt. With respect to any Person, without duplication, all outstanding Indebtedness of such Person, other than Indebtedness described in clause (f) of the definition of Indebtedness herein.
Funded Debt. The Company does not have outstanding any Funded Debt except as set forth on Schedule I to this Agreement; and there exists no default under the provisions of any instrument evidencing such indebtedness or agreement relating thereto.
Funded Debt. The term “
Funded Debt. Not permit Consolidated Funded Debt to exceed 60% of total capitalization.
