Funded Indebtedness. 2 GAAP............................................................ 6
Funded Indebtedness. Funded Indebtedness" shall mean the aggregate amount (including the current portions thereof) of all (i) indebtedness for money borrowed from others, capital lease obligations, dividends payable to the Shareholders, bonus payables to employees, and purchase money indebtedness of the Company, (ii) indebtedness of the type described in clause (i) above guaranteed, directly or indirectly, in any manner by the Company, or in effect guaranteed, directly or indirectly, in any manner by the Company, through an agreement, contingent or otherwise, to supply funds to, or in any other manner invest in, the debtor, or to purchase indebtedness, or to purchase and pay for property if not delivered or to pay for services if not performed, primarily for the purpose of enabling the debtor to make payment of the indebtedness or to assure the owners of the indebtedness against loss, but excluding endorsements of checks and other instruments in the ordinary course, (iii) indebtedness of the type described in clause (i) above secured by any Lien upon property owned by the Company, even though the Company has not in any manner become liable for the payment of such indebtedness and (iv) interest expense accrued but unpaid, and all prepayment premiums, on or relating to any of such indebtedness.
Funded Indebtedness. Promptly upon request by the Administrative Agent, copies of all agreements, instruments and/or documents evidencing or otherwise related to any Consolidated Funded Indebtedness.
Funded Indebtedness. 5 generally accepted accounting principles............................................ 5
Funded Indebtedness. The Company will not at any time create, assume, incur, guarantee or otherwise become liable, directly or indirectly, for any Funded Indebtedness other than the Notes. The Tenant will not, nor shall it permit any Restricted Subsidiary of Tenant to, at any time, create, assume, incur, guarantee or otherwise become liable, directly or indirectly, for any Funded Indebtedness other than:
(a) All existing Funded Indebtedness described in Schedule 5.15;
(b) Funded Indebtedness of a Restricted Subsidiary of Tenant owed to the Tenant or to any Wholly-Owned Restricted Subsidiary of Tenant;
(c) Funded Indebtedness if, after giving effect to the incurrence of such Funded Indebtedness and to the application of proceeds thereof, Consolidated Funded Indebtedness would not exceed 55% of Total Capitalization as of the end of the most recent fiscal quarter.
Funded Indebtedness. On the Closing Date, concurrently with the Closing, the Purchaser and/or the Company (as determined by the Purchaser) shall deliver to the holders of Funded Indebtedness an amount sufficient to repay all Funded Indebtedness outstanding immediately prior to the Closing, with the result that immediately following the Closing there will be no further obligations of the Company, monetary or otherwise, with respect to any Funded Indebtedness outstanding immediately prior to the Closing. Prior to the Closing Date, the Seller will provide the Purchaser with customary pay-off letters from all holders of Funded Indebtedness outstanding immediately prior to the Closing, and make arrangements reasonably satisfactory to the Purchaser for such holders to provide to the Purchaser recordable form mortgage and lien releases, canceled notes, trademark and patent assignments (if applicable) and other documents reasonably requested by the Purchaser simultaneously with the Closing. If the Purchaser directs the Company to pay any of the Company's Funded Indebtedness, the Purchaser shall provide the Company with sufficient funds to do so.
Funded Indebtedness. Schedule 5.1(s) sets forth a complete and accurate list of all Funded Indebtedness of each of the Corporation and the Subsidiaries at each Closing Date and accurately describes the security therefor and the dollar amount thereof.
Funded Indebtedness. Schedule 6.1-H hereto sets forth a complete and accurate list of all Funded Indebtedness of the Borrower and the other Funded Indebtedness evidence of which is required to be delivered to the Lender pursuant to Section 5.1(c), both before and after giving effect to the Loan.
Funded Indebtedness. The Cash Portion of the Purchase Price will be reduced by the total amount of Funded Indebtedness as of the Closing, assumed or paid by Buyer, if any, in cash by wire transfer of funds to the accounts of the holders of Funded Indebtedness listed on Schedule 2.6(a) hereto to satisfy in full the Company’s Funded Indebtedness with such holders.
Funded Indebtedness. The term “Funded Indebtedness” shall mean (i) the principal of (and premium, if any) and interest on, and all expenses, fees, reimbursements, indemnities or other amounts payable with respect to, (a) all indebtedness of the Company, whether outstanding on the date of this Agreement or thereafter created, incurred or assumed (including, without limitation, the Company’s 9 1/2% Senior Notes due 2011), which is (1) for money borrowed or (2) evidenced by a note or similar instrument given in connection with the acquisition of any businesses, properties or assets of any kind (other than trade payables incurred in the ordinary course of business), (b) obligations of the Company as lessee under leases required to be capitalized on the balance sheet of the lessee under generally accepted accounting principles and (c) amendments, renewals, extensions, modifications, increases and refunding of any such indebtedness, borrowings or other amounts payable, (ii) any obligations of the Company in respect of any interest rate or currency swap, exchange or future agreement, or similar agreements or derivative contracts, and (iii) all amounts payable by, and all payment obligations of, the Company (and interest in connection therewith), whether in existence on the date of this Agreement or thereafter created, incurred or assumed, either (a) to reimburse or otherwise compensate or assure banks or others with respect to letters of credit or performance bonds for payments made under such letters of credit or performance bonds or (b) to provide cash collateral to any Person that shall have issued a letter of credit or performance bond.
