Available Multicurrency Working Capital Facility Commitment definition
Available Multicurrency Working Capital Facility Commitment as to any Multicurrency Working Capital Facility Lender at any time, an amount equal to the excess, if any, of (i) the amount of such Multicurrency Working Capital Facility Lender’s Multicurrency Working Capital Facility Commitment at such time over (ii) the Dollar Equivalent of such Multicurrency Working Capital Facility Lender’s Multicurrency Working Capital Facility Extensions of Credit outstanding at such time; provided, that such amount shall never be less than zero; provided further that solely for purposes of determining fees pursuant to Section 2.8, the amount of outstanding Multicurrency Working Capital Facility Extensions of Credit consisting of Multicurrency Swing Line Loans shall be deemed to be zero.
Available Multicurrency Working Capital Facility Commitment as to any Multicurrency Working Capital Facility Lender at any time, an amount equal to the excess, if any, of (i) the amount of such Multicurrency Working Capital Facility Lender’s Multicurrency Working Capital Facility Commitment at such time over (ii) the Dollar Equivalent of such Multicurrency Working Capital Facility Lender’s Multicurrency Working Capital Facility Extensions of Credit outstanding at such time; provided, that such amount shall never be less than zero; provided further that solely for purposes of determining fees pursuant to Section 2.8, the amount of outstanding Multicurrency Working Capital Facility Extensions of Credit consisting of Multicurrency Swing Line Loans shall be deemed to be zero. “Available Tenor”: as of any date of determination and with respect to any then- current Benchmark, as applicable, (x) if such Benchmark is a term rate, any tenor for such Benchmark (or component thereof) that is or may be used for determining the length of an interest period pursuant to this Agreement or (y) otherwise, any payment period for interest calculated with reference to such Benchmark (or component thereof) that is or may be used for determining any frequency of making payments of interest calculated with reference to such Benchmark, in each case, as of such date and not including, for the avoidance of doubt, any tenor for such Benchmark that is then-removed from the definition of “Interest Period” pursuant to Section 4.23(d). “Bail-In Action”: the exercise of any Write-Down and Conversion Powers by the applicable Resolution Authority in respect of any liability of an Affected Financial Institution. “Bail-In Legislation”: (a) with respect to any EEA Member Country implementing Article 55 of Directive 2014/59/EU of the European Parliament and of the Council of the European
Available Multicurrency Working Capital Facility Commitment as to any Multicurrency Working Capital Facility Lender at any time, an amount equal to the excess, if any, of (i) the amount of such Multicurrency Working Capital Facility Lender’s Multicurrency Working Capital Facility Commitment at such time over (ii) the Dollar Equivalent of such Multicurrency Working Capital Facility Lender’s Multicurrency Working Capital Facility Extensions of Credit outstanding at such time; provided, that such amount shall never be less USActive 56005294.156005294.9 -18-
More Definitions of Available Multicurrency Working Capital Facility Commitment
Available Multicurrency Working Capital Facility Commitment as to any Multicurrency Working Capital Facility Lender at any time, an amount equal to the excess, if any, of (i) the amount of such Multicurrency Working Capital Facility Lender’s Multicurrency Working Capital Facility Commitment at such time over (ii) the Dollar Equivalent of such Multicurrency Working Capital Facility Lender’s Multicurrency Working Capital Facility Extensions of Credit outstanding at such time; provided, that such amount shall never be less than zero; provided further that solely for purposes of determining fees pursuant to Section 2.8, the amount of outstanding Multicurrency Working Capital Facility Extensions of Credit consisting of Multicurrency Swing Line Loans shall be deemed to be zero. “▇▇▇▇ ▇▇▇▇▇▇▇ Affiliate”: any Person that is directly or indirectly in control of, controlled by, or under common control with, ▇▇▇▇ ▇▇▇▇▇▇▇ Inc., excluding any Loan Party and any other Person with respect to whom any Loan Party has the power, directly or indirectly to (x) vote any of the securities having ordinary voting power for the election of directors (or, if such Person is not a corporation, similar governing Persons) of such Person or (y) direct or cause the direction of the management and policies of such Person, whether by contract or otherwise. For purposes of this definition, “control” of a Person (including, with its correlative meanings, “controlled by” and “under common control with”) means the power, directly or indirectly, either to (a) vote more than 50% of the securities having ordinary voting power for the election of directors (or, if such Person is not a corporation, similar governing Persons) of such Person or (b) direct or cause the direction of the management and policies of such Person, whether by contract or otherwise. “▇▇▇▇ ▇▇▇▇▇▇▇ Subordinated Indebtedness”: with respect to any Loan Party, unsecured Indebtedness owed by such Loan Party to any ▇▇▇▇ ▇▇▇▇▇▇▇ Affiliate that is subject to a subordination agreement substantially in the form of Exhibit H-2, which such form provides that there shall be no restriction as to the incurrence of such Indebtedness by any Loan Party, or the interest rate or stated