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...
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 Borrower 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 Effective Date pursuant to Section 6.2(l); 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 Borrower and its Subsidiaries in respect of Sale and Leaseback Transactions entered into after the Effective Date pursuant to Section 6.3(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 Borrower 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 Borrower and its Subsidiaries (other than any 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 6.2(l) and Section 6.3(c), the Borrower may elect to treat all or any portion of the committed amount of any Indebtedness that may be incurred or secured by such Lien, as the case may be, as being incurred as of the time the commitment thereunder is first extended and any subsequent incurrence of Inde...
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