Common use of Subordinated Shareholder Funding Clause in Contracts

Subordinated Shareholder Funding. Notwithstanding anything in this Senior Notes Indenture to the contrary, Indebtedness shall not include, and shall be calculated without giving effect to, the effects of Statement of Financial Accounting Standards No. 133 and related interpretations to the extent such effects would otherwise increase or decrease an amount of Indebtedness for any purpose under this Senior Notes Indenture as a result of accounting for any embedded derivatives created by the terms of such Indebtedness; and any such amounts that would have constituted Indebtedness under this Senior Notes Indenture but for the application of this sentence shall not be deemed an Incurrence of Indebtedness under this Senior Notes Indenture.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Beverage Packaging Holdings (Luxembourg) IV S.a r.l.), Senior Notes Indenture (RenPac Holdings Inc.), Stock Purchase Agreement (RenPac Holdings Inc.)

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Subordinated Shareholder Funding. Notwithstanding anything in this Senior Secured Notes Indenture to the contrary, Indebtedness shall not include, and shall be calculated without giving effect to, the effects of Statement of Financial Accounting Standards No. 133 and related interpretations to the extent such effects would otherwise increase or decrease an amount of Indebtedness for any purpose under this Senior Secured Notes Indenture as a result of accounting for any embedded derivatives created by the terms of such Indebtedness; and any such amounts that would have constituted Indebtedness under this Senior Secured Notes Indenture but for the application of this sentence shall not be deemed an Incurrence of Indebtedness under this Senior Secured Notes Indenture.

Appears in 2 contracts

Samples: Secured Notes Indenture (Beverage Packaging Holdings (Luxembourg) v S.A.), Stock Purchase Agreement (RenPac Holdings Inc.)

Subordinated Shareholder Funding. Notwithstanding anything in this Senior Notes Indenture to the contrary, Indebtedness shall not include, and shall be calculated without giving effect to, the effects of Statement of Financial Accounting Standards No. 133 and related interpretations to the extent such effects would otherwise increase or decrease an amount of Indebtedness for any purpose under this Senior Notes Indenture as a result of accounting for any embedded derivatives created by the terms of such Indebtedness; and any such amounts that would have constituted Indebtedness under this Senior Notes Indenture but for the application of this sentence shall not be deemed an Incurrence of Indebtedness under this Senior Notes Indenture.

Appears in 2 contracts

Samples: Intercreditor Agreement (RenPac Holdings Inc.), Supplemental Indenture (RenPac Holdings Inc.)

Subordinated Shareholder Funding. Notwithstanding anything in this Senior Notes Indenture to the contrary, Indebtedness shall not include, and shall be calculated without giving effect to, the effects of Statement of Financial Accounting Standards No. 133 or the IFRS equivalent thereof and related interpretations to the extent such effects would otherwise increase or decrease an amount of Indebtedness for any purpose under this Senior Notes Indenture as a result of accounting for any embedded derivatives created by the terms of such Indebtedness; and any such amounts that would have constituted Indebtedness under this Senior Notes Indenture but for the application of this sentence shall not be deemed an Incurrence of Indebtedness under this Senior Notes Indenture.

Appears in 1 contract

Samples: Stock Purchase Agreement (Reynolds Group Holdings LTD)

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Subordinated Shareholder Funding. Notwithstanding anything in this Senior Secured Notes Indenture to the contrary, Indebtedness shall not include, and shall be calculated without giving effect to, the effects of Statement of Financial Accounting Standards No. 133 or the IFRS equivalent thereof and related interpretations to the extent such effects would otherwise increase or decrease an amount of Indebtedness for any purpose under this Senior Secured Notes Indenture as a result of accounting for any embedded derivatives created by the terms of such Indebtedness; and any such amounts that would have constituted Indebtedness under this Senior Secured Notes Indenture but for the application of this sentence shall not be deemed an Incurrence of Indebtedness under this Senior Secured Notes Indenture.

Appears in 1 contract

Samples: Stock Purchase Agreement (Reynolds Group Holdings LTD)

Subordinated Shareholder Funding. Notwithstanding anything in this Senior Subordinated Notes Indenture to the contrary, Indebtedness shall not include, and shall be calculated without giving effect to, the effects of Statement of Financial Accounting Standards No. 133 and related interpretations to the extent such effects would otherwise increase or decrease an amount of Indebtedness for any purpose under this Senior Subordinated Notes Indenture as a result of accounting for any embedded derivatives created by the terms of such Indebtedness; and any such amounts that would have constituted Indebtedness under this Senior Subordinated Notes Indenture but for the application of this sentence shall not be deemed an Incurrence of Indebtedness under this Senior Subordinated Notes Indenture.

Appears in 1 contract

Samples: Reynolds Group Holdings LTD

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