Additional Unsecured Debt definition
Additional Unsecured Debt means Indebtedness incurred pursuant to, and in accordance with, Section 6.01(j).
Additional Unsecured Debt means Indebtedness of the Borrower that is unsecured and satisfies the applicable Additional Debt Requirements.
Additional Unsecured Debt means the original principal amount of any Indebtedness described in Subparagraph 6.6(o) of this Agreement that is incurred by Borrower during the Term of this Agreement.
Examples of Additional Unsecured Debt in a sentence
Schedule B hereto sets forth all Indebtedness of the Corporation and each of its Subsidiaries (including any Indebtedness secured by a mortgage on any real property) as of the Closing Date, listing separately (a) each such Indebtedness that is secured by a mortgage on any specific real property, (b) each such Indebtedness that is a Permitted Additional Unsecured Debt (as defined in the Series A Preferred Articles Supplementary) and (c) any other material Indebtedness.
Cause the obligations of the Borrower under this Agreement to rank at least pari passu in right of payment with all Additional Unsecured Debt, if any, and all other Debt of the Borrower which is not secured or the subject of any statutory trust or preference or which is not expressly subordinated in right of payment to any Debt.
Subject to Section 7.3 and Section 7.6, except with the prior consent of, or as required by an Instructing Group, no Additional Unsecured Debt Creditor shall be entitled to take any Enforcement Action against any member of the Group or the Parent in respect of any of the Additional Unsecured Debt Obligations.
The Borrower shall not, without the prior written consent of the Majority Lenders, enter into any amendment of, or agree to or accept any waiver which would adversely affect the rights of the Agent, the Lenders and the Issuing Banks under this Agreement or any other Loan Document, of (a) its certificate of incorporation and by-laws, (b) the Subordinated Debentures, or (c) the Reimbursement Agreement and any document evidencing or securing the Reimbursement Agreement, Additional Unsecured Debt or LGE Debt.
Borrower shall give written notice to Agent of a default or an event of default by Borrower under the Additional Unsecured Debt.
More Definitions of Additional Unsecured Debt
Additional Unsecured Debt means unsecured Indebtedness of Borrower and unsecured guarantees thereof by any Subsidiary Guarantors, the Ultimate Parent or any other parent company of Borrower that guarantees the Obligations, so long as (i) any such Indebtedness does not mature earlier than six months after the Revolving Maturity Date, (ii) such Indebtedness does not have any scheduled prepayment, amortization, redemption, sinking fund or similar obligations prior to the Revolving Maturity Date, (iii) such Indebtedness does not contain any financial maintenance covenants (whether stated as a covenant, default or otherwise), unless Borrower agrees to add similar financial maintenance covenants to this Agreement for the term of such Indebtedness that are more restrictive on Borrower (as reasonably agreed by the Administrative Agent) than the corresponding financial maintenance covenants applicable to such Indebtedness, (iv) such Indebtedness otherwise contains terms and conditions (excluding economic terms such as interest rate and redemption premiums) which, taken as a whole, are not more restrictive on Borrower and its Restricted Subsidiaries in any material respect than (A) the terms and conditions of the Senior Secured Notes Documents as in effect on the Closing Date (as reasonably determined in good faith by a Responsible Office of Borrower and certified as such to the Administrative Agent in an Officer’s Certificate of Borrower or (B) the terms and conditions then prevailing in the market for Indebtedness similar to the Senior Secured Notes, in each case as reasonably determined in good faith by a Responsible Officer of Borrower and certified as such to the Administrative Agent in an Officer’s Certificate of Borrower, and (v) such Indebtedness is not guaranteed by any person other than a Subsidiary Guarantor, the Ultimate Parent or any other parent company of Borrower that guarantees the Obligations.
Additional Unsecured Debt means the unsecured Funded Debt consisting of revolving credit lines made available to be borrowed by the Borrower after the Agreement Date but commencing prior to March 31, 1998, which are provided to the Borrower by one or more lenders, in an aggregate principal amount not exceeding $160 million, and on terms and conditions substantially similar to those set forth on Schedule A attached hereto, and evidenced by documentation in form and substance, acceptable to the Agent.
Additional Unsecured Debt means unsecured Indebtedness of the Borrower or a Subsidiary Loan Party (that may be guaranteed by any Loan Party) that (a) does not have a stated maturity date prior to the date that is 90 days after the Latest Term Loan Maturity Date, (b) does not require any scheduled payment of principal (including pursuant to a sinking fund obligation) or amortization prior to the date that is 90 days after the Latest Term Loan Maturity Date, (c) contains non-pricing terms (including covenants, events of default, remedies, redemption provisions and sinking fund provisions) no less favorable to the Lenders than the terms of the Senior Notes and (d) bears a market rate of interest as determined by the Borrower’s Board of Directors.
Additional Unsecured Debt additional unsecured Indebtedness of the Company, to the extent not otherwise permitted pursuant to the foregoing clauses, provided that (i) at the time of incurrence thereof, and after giving effect thereto, no Event of Default shall have occurred and be continuing or would result therefrom, (ii) Consolidated Debt shall at no time exceed 70% of Consolidated Total Capital, and (iii) at all times during a period of at least 45 consecutive days in each rolling twelve month period Consolidated Debt shall not exceed 60% of Consolidated Total Capital.
Additional Unsecured Debt means any high yield notes, notes or other debt securities, loan or credit or debt facility which is not secured by assets of the Group and which is made to, or issued by (as applicable), either: (a) a member of the Group; or (b) a Holding Company of the Company, and which, in each case, the relevant Additional Unsecured Debt Obligations of members of the Group in respect of such Additional Unsecured Debt are required, pursuant to the terms of the Senior Secured Facilities Documents, to be subject to the terms of this Agreement as “Additional Unsecured Debt Obligations”.
Additional Unsecured Debt means the unsecured Funded Debt consisting of revolving credit lines made available to be borrowed by the Borrower after the Agreement Date but commencing prior to December 31, 1997, which are provided to the Borrower by one or more lenders, in an aggregate principal amount not exceeding $160 million, and on terms and conditions substantially similar to those set forth on Schedule A attached hereto, and evidenced by documentation in form and substance, acceptable to the Agent. "Availability" shall mean at any time of determination,(a) the average Borrowing Base for the preceding ten (10) Business Day period minus (b) the average Aggregate Revolving Credit Obligations for the preceding ten (10) Business Day period. "Mortgage" shall mean, collectively, any Mortgage and Security Agreement or similar agreement executed and delivered by the Borrower or any Material Subsidiary after the Agreement Date, pursuant to which the Borrower or such Material Subsidiary grants to the Agent a first priority perfected security interest in and Lien on all of the Borrower's or such Material Subsidiary's owned real property and Equipment located in the United States, as the same may be amended, modified, or supplemented from time to time. "Series 2000 Debentures" shall mean those certain 8.5% Senior Subordinated Convertible Debentures issued by the Borrower, due November 19, 2000 in an aggregate principal amount not exceeding $55,000,000, and governed by that certain Debenture Purchase Agreement dated as of November 19, 1993, between the Borrower and the institutional investor named therein (as amended prior to the Agreement Date). "Series 2001 Debentures" shall mean those certain 8.5% Senior Subordinated Convertible Debentures issued by the Borrower, due January 18, 2001 in an aggregate principal amount not exceeding $20,000,000, and governed by that certain Debenture Purchase Agreement dated as of January 11, 1994, between the Borrower and the institutional investor named therein (as amended prior to the Agreement Date). "Series 2011 Debentures" shall mean those certain 6.25% Convertible Subordinated Debentures issued by the Borrower, due April 1, 2011 in an aggregate principal amount not exceeding $115,000,000, and governed by that certain Indenture dated as of April 1, 1986, between the Borrower and The First National Bank of Boston, as trustee (as amended prior to the Agreement Date). "Subordination Agreement" shall have the meaning set forth in paragraph (j) of the defin...
Additional Unsecured Debt has the meaning specified in Section 5.02(b)(viii).