Common use of Purchase Money Debt Clause in Contracts

Purchase Money Debt. (a) Debt (other than the Obligations) for payment of any of the purchase price of fixed assets; (b) Debt (other than the Obligations) incurred within ninety (90) days before or after acquisition of any fixed assets, for the purpose of financing any of the purchase price thereof (or the cost of design, construction, installation or improvement of such assets); and (c) any renewals, extensions or refinancings thereof (but excluding increases other than the amount of accrued and unpaid interest thereon and fees, costs, expenses and premiums incurred in connection therewith). Purchase Money Lien: a Lien that secures Purchase Money Debt, encumbering only the fixed assets acquired with such Debt (and improvements, repairs, additions, attachments and accessions thereto, parts, replacements and substitutions therefor, and products and proceeds thereof) and constituting a Capital Lease or a purchase money security interest under the UCC. Qualified ECP: an Obligor with total assets exceeding $10,000,000, or that constitutes an “eligible contract participant” under the Commodity Exchange Act and can cause another Person to qualify as an “eligible contract participant” under Section 1a(18)(A)(v)(II) of the Commodity Exchange Act. RCRA: the Resource Conservation and Recovery Act (42 U.S.C. §§ 6991-6991i). Real Estate: all right, title and interest (whether as owner, lessor or lessee) in any real Property or any buildings, structures, parking areas or other improvements thereon. Refinancing Conditions: the following conditions for Refinancing Debt: (a) it is in an aggregate principal amount that does not exceed the principal amount of the Debt being extended, renewed or refinanced (plus the amount of accrued and unpaid interest thereon and fees, costs, expenses and premiums incurred in connection therewith); provided, however, that in the case of Refinancing Debt in respect of the Senior Notes, the principal amount of such Refinancing Debt with respect to the Senior Notes may be in an aggregate amount (together with any remaining secured outstanding obligations under the Senior Notes after giving effect to such Refinancing Debt) of up to (but not in excess of) $600,000,000, provided that in the case of the Senior Notes, in connection with entering into any such Refinancing Debt, to the extent the Intercreditor Agreement is then in effect and applicable to such Refinancing Debt, the ABL Cap Amount (as defined in the Intercreditor Agreement) is increased to at least 110% of the

Purchase Money Debt. (a) Debt (other than the Obligations) for payment of any of the purchase price of fixed assets; (b) Debt (other than the Obligations) incurred within ninety (90) 10 days before or after acquisition of any fixed assets, for the purpose of financing any of the purchase price thereof (or the cost of design, construction, installation or improvement of such assets)thereof; and (c) any renewals, extensions or refinancings thereof (but excluding increases other than the amount of accrued and unpaid interest thereon and fees, costs, expenses and premiums incurred in connection therewith)not increases) thereof. Purchase Money Lien: Lien - a Lien that secures Purchase Money Debt, encumbering only the fixed assets acquired with such Debt (and improvements, repairs, additions, attachments and accessions thereto, parts, replacements and substitutions therefor, and products and proceeds thereof) and constituting a Capital Lease or a purchase money security interest under the UCC. Qualified ECP: an Obligor with total assets exceeding $10,000,000, or that constitutes an “eligible contract participant” under the Commodity Exchange Act and can cause another Person to qualify as an “eligible contract participant” under Section 1a(18)(A)(v)(II) of the Commodity Exchange Act. RCRA: RCRA - the Resource Conservation and Recovery Act (42 U.S.C. §§ 6991-6991i). Real Estate: Estate - all right, title and interest (whether as owner, lessor or lessee) in any real Property or any buildings, structures, parking areas or other improvements thereon. Refinancing Conditions: Conditions - the following conditions for Refinancing Debt: (a) it is in an aggregate principal amount that does not exceed the principal amount of the Debt being extended, renewed or refinanced refinanced; (plus the amount of accrued b) it has a final maturity no sooner than, a weighted average life no less than, and unpaid an interest thereon and fees, costs, expenses and premiums incurred in connection therewith); provided, however, that in the case of Refinancing Debt in respect of the Senior Notesrate no greater than, the principal amount of such Refinancing Debt with respect being extended, renewed or refinanced; (c) it is subordinated to the Senior Notes may be in an aggregate amount Obligations at least to the same extent as the Debt being extended, renewed or refinanced; (together with any remaining secured outstanding obligations under d) the Senior Notes after representations, covenants and defaults applicable to it are no less favorable to Borrowers than those applicable to the Debt being extended, renewed or refinanced; (e) no additional Lien is granted to secure it; (f) no additional Person is obligated on such Debt; and (g) upon giving effect to such Refinancing Debt) it, no Default or Event of up to (but not in excess of) $600,000,000, provided that in the case of the Senior Notes, in connection with entering into any such Refinancing Debt, to the extent the Intercreditor Agreement is then in effect and applicable to such Refinancing Debt, the ABL Cap Amount (as defined in the Intercreditor Agreement) is increased to at least 110% of theDefault exists.

Purchase Money Debt. (ai) Debt (other than the Obligations) for payment of any of the purchase price of fixed assets; (bii) Debt (other than the Obligations) incurred within ninety (90) 90 days before or after acquisition of any fixed assets, for the purpose of financing any of the purchase price thereof (or the cost of design, construction, installation or improvement of such assets)thereof; and (ciii) any renewals, extensions or refinancings thereof (but excluding increases other than the amount of accrued and unpaid interest thereon and fees, costs, expenses and premiums incurred in connection therewith)not increases) thereof. Purchase Money Lien: Lien - a Lien that secures Purchase Money Debt, encumbering only the fixed assets acquired with such Debt (and improvements, repairs, additions, attachments and accessions thereto, parts, replacements and substitutions therefor, and products and proceeds thereof) and constituting a Capital Lease capital lease or a purchase money security interest under the UCC. Qualified ECP: an Obligor with total assets exceeding $10,000,000, or that constitutes an “eligible contract participant” under the Commodity Exchange Act and can cause another Person to qualify as an “eligible contract participant” under Section 1a(18)(A)(v)(II) of the Commodity Exchange Act. RCRA: the Resource Conservation and Recovery Act (42 U.S.C. §§ 6991-6991i). Real Estate: Estate – all right, title and interest (whether as owner, lessor or lessee) in any each parcel of real Property or any buildings, structures, parking areas or other improvements thereonthereon and any fixtures relating thereto having a fair market value in excess of $250,000. Refinancing Conditions: Conditions - the following conditions for Refinancing Debt: (ai) it is in an aggregate principal amount that does not exceed the principal amount of the Debt being extended, renewed or refinanced refinanced; (plus the amount of accrued ii) it has a final maturity no sooner than, a weighted average life no less than, and unpaid an interest thereon and fees, costs, expenses and premiums incurred in connection therewith); provided, however, that in the case of Refinancing Debt in respect of the Senior Notesrate no greater than, the principal amount of such Refinancing Debt with respect being extended, renewed or refinanced; (iii) it is subordinated to the Senior Notes may be in an aggregate amount Obligations at least to the same extent as the Debt being extended, renewed or refinanced; (together with any remaining secured outstanding obligations under iv) the Senior Notes after representations, covenants and defaults applicable to it are no less favorable to Borrowers than those applicable to the Debt being extended, renewed or refinanced; (v) no additional Lien is granted to secure it; (vi) no additional Person is obligated on such Debt; and (vii) upon giving effect to such it, no Default or Event of Default exists. Refinancing DebtDebt - Money Borrowed that is the result of an extension, renewal or refinancing of Debt permitted under Section 9.2.9(ii), (iv) of up to or (but not in excess of) $600,000,000, provided that in the case vi). Regulation D - Regulation D of the Senior Notes, Board of Governors. Register - the register maintained by Agent in connection accordance with entering into any such Refinancing Debt, to Section 4.8.2 of the extent the Intercreditor Agreement is then in effect and applicable to such Refinancing Debt, the ABL Cap Amount (as defined in the Intercreditor Agreement) is increased to at least 110% of the.

Purchase Money Debt. (a) Debt (other than the Obligations) for payment of any of the purchase price of fixed assets; (b) Debt (other than the Obligations) incurred within ninety twenty (9020) days before or after acquisition of any fixed assets, for the purpose of financing any of the purchase price thereof (or the cost of design, construction, installation or improvement of such assets)thereof; and (c) any renewals, extensions or refinancings thereof (but excluding not increases other than the amount of accrued and unpaid interest thereon and fees, costs, expenses and premiums incurred in connection therewith)principal amounts) thereof. Purchase Money Lien: Lien - a Lien that secures Purchase Money Debt, encumbering only the fixed assets acquired with such Debt (and improvements, repairs, additions, attachments and accessions thereto, parts, replacements and substitutions therefor, and products and proceeds thereof) and constituting a Capital Lease or a purchase money security interest under the UCC. Qualified ECP: an Obligor with total assets exceeding $10,000,000, or that constitutes an “eligible contract participant” under the Commodity Exchange Act and can cause another Person to qualify as an “eligible contract participant” under Section 1a(18)(A)(v)(II) of the Commodity Exchange Act. RCRA: RCRA - the Resource Conservation and Recovery Act (42 U.S.C. §§ 6991-6991i). Real Estate: Estate - all right, title and interest (whether as owner, lessor or lessee) in any real Property or any buildings, structures, parking areas or other improvements thereon. Refinancing Conditions: Conditions - the following conditions for Refinancing Debt: (a) it is in an aggregate principal amount that does not exceed the principal amount of the Debt being extended, renewed or refinanced refinanced; (plus b) it has a final maturity not sooner than and weighted average life not less than that of the Debt being extended, renewed or refinanced; (c) it bears interest at a rate that does not exceed the current market rate (as determined in good faith by a Senior Officer) for Debt of a similar type and for a similar obligor; (d) it is subordinated to the Obligations at least to the same extent as the Debt being extended, renewed or refinanced; (e) the covenants applicable to it are no less favorable to Borrowers than those applicable to the Debt being extended, renewed or refinanced; and (f) upon giving effect to it, no Default or Event of Default exists. Refinancing Debt - Borrowed Money that is the result of an extension, renewal or refinancing of Debt permitted under Section 10.2.1. Regulation D - Regulation D of the Board of Governors. Reimbursement Date - as defined in Section 2.3.2. Rent Reserve - a reserve established from time to time in Agent’s reasonable Credit Judgment in any amount equal to approximately three months rent and other charges with respect to any Collateral in the possession of, or at a location owned by, a Person other than a Borrower or an Affiliate of accrued and unpaid interest thereon and feesa Borrower, costs, expenses and premiums incurred in connection therewith)unless such Person has executed a Lien Waiver; provided, however, that in no event shall the case of Refinancing Debt in respect Rent Reserve at any leased location exceed the value of the Senior Notes, the principal amount of Collateral maintained at such Refinancing Debt with respect to the Senior Notes may be in an aggregate amount (together with any remaining secured outstanding obligations under the Senior Notes after giving effect to such Refinancing Debt) of up to (but not in excess of) $600,000,000, provided that in the case of the Senior Notes, in connection with entering into any such Refinancing Debt, to the extent the Intercreditor Agreement is then in effect and applicable to such Refinancing Debt, the ABL Cap Amount (location. Report - as defined in Section 12.2.3. Reportable Event - any event set forth in Section 4043(b) of ERISA for which the Intercreditor Agreement) is increased to at least 110% notice requirements of thesaid section have not been waived.

Purchase Money Debt. (a) Debt (other than the Obligations) for payment of any of the purchase price of fixed assets; (b) Debt (other than the Obligations) incurred within ninety (90) 10 days before or after acquisition of any fixed assets, for the purpose of financing any of the purchase price thereof (or the cost of design, construction, installation or improvement of such assets)thereof; and (c) any renewals, extensions or refinancings thereof (but excluding increases other than the amount of accrued and unpaid interest thereon and fees, costs, expenses and premiums incurred in connection therewith)not increases) thereof. Purchase Money Lien: Lien - a Lien that secures Purchase Money Debt, encumbering only the fixed assets acquired with such Debt (and improvementsDebt, repairs, additions, attachments and accessions thereto, parts, replacements and substitutions therefor, and products and proceeds thereof) and constituting a Capital Lease or a purchase money security interest under the UCCUCC or a leasing agreement, installment sale or sale with a right of redemption governed by the Civil Code of Quebec. Qualified ECP: an Obligor with total assets exceeding $10,000,000, or that constitutes an “eligible contract participant” under the Commodity Exchange Act and can cause another Person to qualify as an “eligible contract participant” under Section 1a(18)(A)(v)(II) of the Commodity Exchange Act. RCRA: RCRA - the Resource Conservation and Recovery Act (42 U.S.C. §§ ss.ss. 6991-6991i). Real Estate: Estate - all right, title and titxx xxd interest (whether as owner, lessor or lessee) in any real Property or any buildings, structures, parking areas or other improvements thereon. Refinancing Conditions: Conditions - the following conditions for Refinancing Debt: (a) it is in an aggregate principal amount that does not exceed the principal amount of the Debt being extended, renewed or refinanced refinanced; (plus the amount of accrued b) it has a final maturity no sooner than, a weighted average life no less than, and unpaid an interest thereon and fees, costs, expenses and premiums incurred in connection therewith); provided, however, that in the case of Refinancing Debt in respect of the Senior Notesrate no greater than, the principal amount of such Refinancing Debt with respect being extended, renewed or refinanced; (c) it is subordinated to the Senior Notes may be in an aggregate amount Obligations at least to the same extent as the Debt being extended, renewed or refinanced; (together with any remaining secured outstanding obligations under d) the Senior Notes after representations, covenants and defaults applicable to it are no less favorable to Borrower than those applicable to the Debt being extended, renewed or refinanced; (e) no additional Lien is granted to secure it; (f) no additional Person is obligated on such Debt; and (g) upon giving effect to such it, no Default or Event of Default exists. Refinancing DebtDebt - Borrowed Money that is the result of an extension, renewal or refinancing of Debt permitted under Section 10.2.1(b), (c), (d) of up to or (but not in excess of) $600,000,000, provided that in the case of the Senior Notes, in connection with entering into any such Refinancing Debt, to the extent the Intercreditor Agreement is then in effect and applicable to such Refinancing Debt, the ABL Cap Amount (as defined in the Intercreditor Agreement) is increased to at least 110% of thef).