Aggregate Net Availability Debt definition

Aggregate Net Availability Debt means, as of any date of determination, the sum of the following (in each case without duplication): (a) the then outstanding aggregate principal amount of Indebtedness of the Issuer and its Subsidiaries incurred pursuant to clause (10) of the definition of “Permitted Liens”; plus (b) the then outstanding aggregate principal amount of all Subsidiary Debt incurred after the Issue Date pursuant to Section 1011(a)(12); provided that, any such Subsidiary Debt will be excluded from this clause (b) to the extent that such Subsidiary Debt (or the related Indebtedness) is included in clause (a) or (c) of this definition; plus (c) the then existing Attributable Debt of the Issuer and its Subsidiaries in respect of Sale and Leaseback Transactions entered into after the Issue Date pursuant to Section 1012(c); provided that any such Attributable Debt will be excluded from this clause (c) to the extent of Indebtedness relating thereto is included in clause (a) or (b) of this definition; provided, further, in no event will the amount of any Indebtedness (including Guarantees of such Indebtedness) be required to be included in the calculation of Aggregate Net Availability Debt more than once despite the fact that more than one Person is obligated with respect to such Indebtedness and despite the fact that such Indebtedness is secured by the assets of more than one Person (for example, in the case where more than one Subsidiary has Guaranteed or otherwise become liable for such Indebtedness or in the case where there are Liens on assets of one or more of the Issuer and its Subsidiaries securing such Indebtedness or one or more Guarantees thereof, the amount of Indebtedness so Guaranteed or secured shall only be included once in the calculation of Aggregate Net Availability Debt); minus (d) the aggregate amount of cash and Company Cash Equivalents of the Issuer and its Subsidiaries (other than any Future Escrow Subsidiary) as of such date (but disregarding the proceeds of Indebtedness that is incurred on such date). For purposes of calculating the amount of “Aggregate Net Availability Debt” for purposes of clause (10) of the definition of “Permitted Liens”, Section 1011(a)(12) and Section 1012(c), the Issuer may elect, pursuant to an Officer’s Certificate delivered to the Trustee, to treat all or any portion of the commitment under any Indebtedness which is to be incurred or secured by such Lien, as the case may be, as being incurred as of the applicable date of determinat...
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Aggregate Net Availability Debt means, as of any date of determination, the sum of the following (in each case without duplication): (a) the then outstanding aggregate principal amount of Indebtedness of the Issuer and its Subsidiaries incurred pursuant to clauses (10) and (11) of the definition of “Permitted Liens”; plus (b) the then outstanding aggregate principal amount of all Subsidiary Debt incurred after the Issue Date pursuant to Section 1011(a) (12); provided that, any such Subsidiary Debt will be excluded from this clause (b) to the extent that such Subsidiary Debt (or the related Indebtedness) is included in clause (a) or (c) of this definition; plus (c) the then existing Attributable Debt of the Issuer and its Subsidiaries in respect of Sale and Leaseback Transactions entered into after the Issue Date pursuant to Section 1012(c); provided that any such Attributable Debt will be excluded from this clause (c) to the extent of Indebtedness relating thereto is included in clause (a) or (b) of this definition; provided further that, in no event will the amount of any Indebtedness (including Guarantees of such Indebtedness) be required to be included in the calculation of Aggregate Net Availability Debt more than once despite the fact that more than one Person is obligated with respect to such Indebtedness and despite the fact that such Indebtedness is secured by the assets of more than one Person (for example, in the case where more than one Subsidiary has Guaranteed or otherwise become liable for such Indebtedness or in the case where there are Liens on assets of one or more of the Issuer and its Subsidiaries securing such Indebtedness or one or more Guarantees thereof, the amount of Indebtedness so Guaranteed or secured shall only be included once in the calculation of Aggregate Net Availability Debt); minus (d) the aggregate amount of cash and Company Cash Equivalents of the Issuer and its Subsidiaries (other than any Future Escrow Subsidiary) as of such date (but disregarding the proceeds of Indebtedness that is incurred on such date).
Sample 1
Aggregate Net Availability Debt means, as of any date of determination, the sum of the following (in each case without duplication): (a) the then outstanding aggregate principal amount of Indebtedness of the Issuer and its Subsidiaries incurred pursuant to clauses (10) and (11) of the definition of “Permitted Liens”; plus (b) the then outstanding aggregate principal amount of all Subsidiary Debt incurred after the Issue Date pursuant to Section 1011(a)(12); provided that, any such Subsidiary Debt will be excluded from this clause (b) to the extent that such Subsidiary Debt (or the related Indebtedness) is included in clause (a) or
Sample 1

Related to Aggregate Net Availability Debt

  • Revolving Availability means Class A Revolving Availability or Class B Revolving Availability, as applicable.

  • Final Availability Date means the earlier of the Revolving Termination Date and one (1) Business Day prior to the date specified in clause (a) of the definition of Revolving Termination Date.

  • Excess Availability means, as of any date of determination, the amount equal to Availability minus the aggregate amount, if any, of all trade payables of Borrower and its Subsidiaries aged in excess of historical levels with respect thereto and all book overdrafts of Borrower and its Subsidiaries in excess of historical practices with respect thereto, in each case as determined by Agent in its Permitted Discretion.

  • Availability Amount is (a) the lesser of (i) the Revolving Line or (ii) the amount available under the Borrowing Base minus (b) the outstanding principal balance of any Advances.

  • Revolving Availability Period means the period from and including the Effective Date to but excluding the earlier of the Revolving Maturity Date and the date of termination of the Revolving Commitments.

  • Aggregate Outstanding Amount With respect to any of the Notes as of any date, the aggregate unpaid principal amount of such Notes Outstanding on such date.

  • Maximum Facility Amount means the aggregate Commitments as then in effect, which amount shall not exceed $200,000,000; provided that at all times after the Reinvestment Period, the Maximum Facility Amount shall mean the aggregate Advances Outstanding at such time.

  • Undrawn Availability at a particular date shall mean an amount equal to (a) the lesser of (i) the Formula Amount, or (ii) the Maximum Revolving Advance Amount, minus the Maximum Undrawn Amount of all Letters of Credit, minus (b) the sum of (i) the outstanding amount of Revolving Advances, plus (ii) amounts due and owing to any Borrower’s trade creditors which are outstanding sixty (60) days or more past the due date thereof.

  • Maximum Available Amount means, on any date of determination, an amount equal to the lesser of:

  • Facility Amount means (a) prior to the end of the Revolving Period, $250,000,000, unless this amount is permanently reduced pursuant to Section 2.5 or increased pursuant to Section 2.8, in which event it means such lower or higher amount and (b) from and after the end of the Revolving Period, the Advances outstanding.

  • Aggregate Maximum Credit Amounts at any time shall equal the sum of the Maximum Credit Amounts, as the same may be reduced or terminated pursuant to Section 2.06.

  • Revolving Credit Availability Period means the period from and including the Effective Date to but excluding the earlier of the Revolving Credit Commitment Termination Date and the date of termination of the Revolving Credit Commitments.

  • Aggregate Outstandings means, at a particular time, the sum of (a) the Aggregate Letters of Credit Outstandings at such time and (b) the aggregate outstanding principal amount of all Revolving Credit Loans at such time.

  • Revolving Credit Availability means, at any particular time, the amount by which (x) the Aggregate Revolving Loan Commitment at such time exceeds (y) the Dollar Amount of the Revolving Credit Obligations outstanding at such time.

  • Availability Block means $15,000,000.

  • Maximum Leverage Ratio shall have the meaning assigned thereto in the Pricing Side Letter.

  • Available Facility Amount shall have the meaning specified in paragraph 2B(1).

  • Revolving Loan Availability means, at any time, the Revolving Loan Limit minus the Revolving Loan Outstandings.