Specified Indebtedness. The Specified Indebtedness (as defined in the Merger Agreement) shall have been refinanced or assumed to the satisfaction of Buyer (as contemplated by the Merger Agreement), including receipt of a payoff and lien release from the holder of such Specified Indebtedness with respect to any Liens affecting the Property.
Specified Indebtedness. There are no scheduled principal payments due under any Specified Indebtedness prior to the FILO Maturity Date.
Specified Indebtedness. Maximum Permitted: $1,000,000,0000 plus any additional or other amount, so long as C. 1 does not exceed 2.50 to 1.00, determined on a pro forma basis Senior Net Leverage Ratio Calculations, if applicable3
Specified Indebtedness. The Company and each of its direct and indirect wholly-owned Subsidiaries shall, immediately prior to the Closing, repay the Indebtedness, if any, owed by such Person to any direct or indirect non-wholly-owned Subsidiary of the Company.
Specified Indebtedness. Any Indebtedness of the type described in clauses (a), (b), (c), (d), (e) and (g) of the definition thereof; provided that any Guarantee referred to such clause (g) shall relate only to Indebtedness of the type described in clauses (a), (b), (c), (d) and (e) of such definition.
Specified Indebtedness. There are no scheduled principal payments due under any Specified Indebtedness prior to the FILO Maturity Date 107 ARTICLE IV CONDITIONS. 107 SECTION 4.01. Restatement Effective Date 107 SECTION 4.02. Each Credit Event 1089 SECTION 4.03. Designation of a Subsidiary Borrower 110 ARTICLE V AFFIRMATIVE COVENANTS. 1101 SECTION 5.01. Financial Statements; Borrowing Base Certificate and Other Information 1101 SECTION 5.02. Notices of Material Events 1134 SECTION 5.03. Existence; Conduct of Business 1145 SECTION 5.04. Payment of Obligations 1145 SECTION 5.05. Maintenance of Properties 116 SECTION 5.06. Books and Records; Inspection Rights 116 SECTION 5.07. Compliance with Laws and Material Contractual Obligations; Compliance with Leaseholds 117 SECTION 5.08. Use of Proceeds 1167 SECTION 5.09. Insurance 1167 SECTION 5.10. Casualty and Condemnation 118 SECTION 5.11. Appraisals 118 SECTION 5.12. [Reserved] 1189 SECTION 5.13. Canadian Pension Plans and Canadian Benefit Plans 1189 SECTION 5.14. Additional Loan Parties and Collateral; Further Assurances 1189 SECTION 5.15. Post-Closing Matters 11920 SECTION 5.16. Financial Advisor 11921 SECTION 5.17. Approved Budget; Budget Testing; Variance Reports; Disbursement Report; Purchase Orders 1201 ARTICLE VI NEGATIVE COVENANTS. 1213 SECTION 6.01. Indebtedness 1213 SECTION 6.02. Liens 125 SECTION 6.03. Fundamental Changes 126 SECTION 6.04. Investments, Loans, Advances, Guarantees and Acquisitions 1257 SECTION 6.05. Asset Sales 128 SECTION 6.06. Limitation on Certain Liens 12830 SECTION 6.07. Swap Agreements 130 SECTION 6.08. Restricted Payments; Certain Payments of Indebtedness 130 SECTION 6.09. Transactions with Affiliates 1301 SECTION 6.10. Restrictive Agreements 132 SECTION 6.11. Amendment of Material Documents 1312 SECTION 6.12. Canadian Pension Plans 133 SECTION 6.13. Applications Under the CCAA and BIA 133 SECTION 6.14. Fixed Charge Coverage Ratio 1323 SECTION 6.15. FILO Borrowing Base; Certain Reserves 1323 SECTION 6.16. Specified Collateral Account 1324 ARTICLE VII EVENTS OF DEFAULT 134 SECTION 7.01. Events of Default 134 ARTICLE VIII THE ADMINISTRATIVE AGENT AND FILO AGENT 137 SECTION 8.01. Authorization and Action 137 SECTION 8.02. Administrative Agent’s Reliance, Indemnification, Etc. 140 SECTION 8.03. Posting of Communications 1401 SECTION 8.04. The Agent Individually 1412 SECTION 8.05. Successor Agent 1413 SECTION 8.06. Acknowledgements of Lenders and Issuing Bank 1424 SECTION 8.07. Collateral Matters; Agents for ...
Specified Indebtedness. Instead of the definition in Section 14 of this Agreement, "Specified Indebtedness" shall mean any obligation (whether present or future, contingent or otherwise, as principal or surety or otherwise) (a) in respect of borrowed money, and/or (b) in respect of any Specified Transaction (except that, for this purpose only, the words "and any other entity" shall be substituted for the words "and the other party to this Agreement (or any Credit Support Provider of such other party or any applicable Specified Entity of such other party)" where they appear in the definition of Specified Transaction and the words “which is not a Transaction under this Agreement but” shall be deleted).
Specified Indebtedness. The definition of “Specified Indebtedness” in Section 14 shall include as to Party B all obligations of Party B under or with respect to (i) that certain Credit Agreement dated as of February 15, 1994 between Party B, Xxxxxx Aluminum Corporation, BankAmerica Business Credit, Inc, as Agent, and the financial institutions that are a party thereto, as amended; (ii) those certain $225,000,000 9 7/8% Senior Notes due 2002 issued by Party B; (iii) those certain $175,000,000 10 7/8% Senior Notes due 2006 issued by Party B; and (iv) those certain $400,000,000 12 3/4% Senior Subordinated Notes doe 2003.
Specified Indebtedness. The Borrower shall have consummated an issuance of senior unsecured Convertible Bond Indebtedness by its issuance, pursuant to an indenture dated as of July 27, 2016, of Convertible Senior Notes due 2022 having a final maturity no earlier than 120 days after the later of the Revolving Credit Maturity Date and the Term Loan Maturity Date and resulting in gross proceeds to the Borrower of not less than $300,000,000 (the “Specified Indebtedness”).
Specified Indebtedness. No later than two Business Days prior to the Closing Date, the Company shall provide to Purchaser customary pay-off letters from Fifth Third Bank with respect to the Specified Indebtedness. On or prior to the Closing, the Company shall make arrangements (i) for Purchaser to receive recordable form Lien releases and canceled notes with respect to the Specified Indebtedness such that all Liens securing the Specified Indebtedness on the assets or properties of the Company that are not Permitted Exceptions shall be satisfied, terminated and discharged and (ii) for the guaranty listed on Schedule 4.8 to be transferred to an Affiliate of the Founders with no Liability of the Company thereunder.
