Indebtedness of a Restricted. Subsidiary outstanding on the date on which a Restricted Subsidiary, or assets relating to Indebtedness, were acquired by the Company or any of its Restricted Subsidiaries, or Indebtedness incurred by the Company or a Restricted Subsidiary to provide all or any portion of the funds utilized to consummate the transaction or series of related transactions pursuant to which such Restricted Subsidiary becomes a Restricted Subsidiary or is otherwise acquired by, or such assets are acquired by, the Company or any of its Restricted Subsidiaries; provided, however, that at the time such Restricted Subsidiary is acquired by the Company or on the date of such asset acquisition, as applicable, the Consolidated Interest Coverage Ratio for the Company's most recent four quarters for which internal financial statements are available, after giving pro forma effect to the acquisition and the incurrence of any related Indebtedness, would be either (i) at least 2.0 to 1.0 or (ii) equal to or greater than the Consolidated Interest Coverage Ratio determined for such four quarter period without giving effect to such acquisition and incurrence of Indebtedness;
Indebtedness of a Restricted. Subsidiary that is not a Guarantor that Refinances Indebtedness of the Company, or (2) Indebtedness of the Company or a Restricted Subsidiary that Refinances Indebtedness of an Unrestricted Subsidiary;
Indebtedness of a Restricted. Subsidiary owing to the Borrower or anotherRestricted Subsidiary; provided that (A) if a Subsidiary Guarantor incurs such Indebtedness to aRestricted Subsidiary that is not a Subsidiary Guarantor, such Indebtedness is unsecured andsubordinated in right of payment to the obligations of such Subsidiary Guarantor under its LoanGuaranty and (B) any Indebtedness of a Restricted Subsidiary that is not a Loan Party owing to aLoan Party was made by such Loan Party in compliance with Section 6.07; provided, further,that any subsequent issuance or transfer of Capital Stock or any other event that results in anysuch Restricted Subsidiary ceasing to be a Restricted Subsidiary or any subsequent transfer ofany such Indebtedness (except to the Borrower or another Restricted Subsidiary) shall bedeemed, in each case, to be an incurrence of such Indebtedness not permitted by thissubclause (b)(x);(xi) subject to compliance with Section 6.07, shares of Preferred Stock of aRestricted Subsidiary issued to the Borrower or another Restricted Subsidiary; provided that anysubsequent issuance or transfer of Capital Stock or any other event that results in any suchRestricted Subsidiary ceasing to be a Restricted Subsidiary or any subsequent transfer of anysuch Preferred Stock (except to the Borrower or another Restricted Subsidiary) shall be deemed,in each case, to be an issuance of such shares of Preferred Stock not permitted by this subclause(b)(xi);(xii) Hedging Obligations (excluding Hedging Obligations entered into forspeculative purposes) for the purpose of limiting: (A) interest rate risk with respect to any-92-
Indebtedness of a Restricted. Subsidiary of the Borrower that is a Credit Party incurred and outstanding on the date on which such Restricted Subsidiary was acquired by the Company (provided that such Indebtedness shall not be incurred (i) to provide all or any portion of the funds utilized to consummate the transaction or series of related transactions pursuant to which such Restricted Subsidiary became a Restricted Subsidiary or was otherwise acquired by the Borrower or (ii) otherwise in connection with, or in contemplation of, such acquisition) and as to which the Borrower and its other Restricted Subsidiaries are not obligated to become liable for such Indebtedness;
Indebtedness of a Restricted. Subsidiary owing to the Borrower or another Restricted Subsidiary or the Borrower; provided that if a Guarantor incurs such Indebtedness owing to a Restricted Subsidiary that is not a Guarantor, such Indebtedness is subordinated in right of payment to the Obligations and to the Guarantee of such Guarantor, as the case may be; provided, further, that any subsequent transfer of any such Indebtedness (except to the Borrower or another Restricted Subsidiary) shall be deemed, in each case, to be an incurrence of such Indebtedness not permitted by this clause;
Indebtedness of a Restricted. Subsidiary or the Borrower owing to the Borrower or a Restricted Subsidiary; provided that (x) if the Borrower or a Loan Party Incurs such Indebtedness owing to a Non-Loan Party, such Indebtedness is subordinated in right of payment to the Borrower’s Obligations or Guarantee of such Loan Party, as applicable, pursuant to the Intercompany Subordination Agreement and (y) any subsequent issuance or transfer of any Capital Stock or any other event that results in any Restricted Subsidiary lending such Indebtedness ceasing to be a Restricted Subsidiary or any other subsequent transfer of any such Indebtedness (except to the Borrower or another Restricted Subsidiary) shall be deemed, in each case, to be an Incurrence of such Indebtedness not permitted by this clause (i);
Indebtedness of a Restricted. Subsidiary that is not a Full Credit Party to a Full Credit Party in an aggregate principal amount not to exceed $1,000,000 on any date of determination;
Indebtedness of a Restricted. Subsidiary (other than a Non-Recourse Real Estate Subsidiary) owing to the Company or another Restricted Subsidiary; provided that any such Indebtedness is made pursuant to an intercompany note in the form attached to this Indenture; provided, further, that (A) any disposition, pledge or transfer of any such Indebtedness to a Person (other than a disposition, pledge or transfer to the Company or a Restricted Subsidiary) shall be deemed to be an incurrence of such Indebtedness by the obligor not permitted by this clause (vi), and (B) any transaction pursuant to which any Restricted Subsidiary, which has Indebtedness owing to the Company or any other Restricted Subsidiary, ceases to be a Restricted Subsidiary shall be deemed to be the incurrence of Indebtedness by such Restricted Subsidiary that is not permitted by this clause (vi);
Indebtedness of a Restricted. Subsidiary of a Borrower to such Borrower or to a Wholly-owned Restricted Subsidiary;
Indebtedness of a Restricted. Subsidiary (in the case of a Securitization Subsidiary, solely to the extent such Indebtedness is incurred pursuant to a Permitted Receivables Financing) owing to the Company, or a wholly owned Restricted Subsidiary other than a Securitization Subsidiary; provided that any such Indebtedness is made pursuant to an intercompany note; provided further that any disposition, pledge or transfer of any such Indebtedness to a Person (other than a disposition, pledge or transfer to the Company or a wholly owned Restricted Subsidiary other than a Securitization Subsidiary), shall be deemed to be an incurrence of such Indebtedness by such Restricted Subsidiary not permitted by this clause (b);
