Borrowed Money Debt means, with respect to the Company and its Subsidiaries, any Indebtedness contemplated by clauses (a) or (b) of the definition thereof, including any Indebtedness incurred in connection with a Dividend Recapitalization.
Borrowed Money Debt means, with respect to the Company and its Subsidiaries, (a) all indebtedness for borrowed money, (b) all obligations evidenced by bonds, debentures, notes or similar instruments (including any letter of credit, surety bond, banker’s acceptance or similar reimbursement agreement or obligation, in each case, solely to the extent drawn), (c) all obligations to pay the deferred purchase price of property or services (excluding trade accounts payable arising in the ordinary course of business), (d) all obligations under leases required to be capitalized in accordance with GAAP and any purchase money indebtedness, (e) all obligations under any hedging arrangement, (f) all obligations under any direct or indirect guaranties in respect of, or obligations (contingent or otherwise) to purchase or otherwise acquire, or otherwise to assure a creditor against loss in respect of, indebtedness for borrowed money or obligations of others of the kinds referred to in clauses (a) through (e) above, and (h) all obligations of the kinds referred to in clauses (a) through (e) above of other Persons secured by any Lien on any property or asset of the Company or its Subsidiaries.
Borrowed Money Debt means the outstanding Indebtedness of the Company and its subsidiaries as of June 30, 2008 (including accrued but unpaid interest, fees and penalties and reimbursable expenses in connection with the prepayment of such Indebtedness and premiums or penalties that would be payable upon prepayment of such Indebtedness at the Effective Time and any other amounts payable to the holders of such Indebtedness as a result of, or in connection with, the consummation of the transactions contemplated by this Agreement, but excluding capitalized-lease obligations outstanding as of June 30, 2008, in an amount less than or equal to $25,000 in the aggregate), plus the interest on the Notes that accrues during the period beginning July 1, 2008, and ending on September 30, 2008 (except to the extent that the holders of Notes have agreed in writing to accept Shares as full and complete payment of such interest with respect to such period and the Company has provided Parent with a copy of such executed agreements (the “Interest-Payment Agreements”)) plus the aggregate amount that the Company or the Surviving Corporation is or will be, in accordance with Section 9(c) of the agreements governing each of the warrants to purchase Shares granted by the Company (the “Warrants”) or otherwise, obligated to pay to all holders of such Warrants upon their request as payment in full for the purchase of the Warrants by the Company or the Surviving Corporation either before or after the consummation of the Merger.
Examples of Borrowed Money Debt in a sentence
The sum of the Indebtedness amounts listed for the Closing Date as certified by the Company’s Chief Financial Officer will be the “Closing Borrowed Money Debt Amount.” On the Closing Date, Buyer will pay in cash to each counterparty to a Payoff Letter the amount of Indebtedness indicated in such Payoff Letter in accordance with all of the terms and conditions stated in the applicable Payoff Letter.
In connection with the Closing, Midco shall use part of the proceeds of the S1 Midco Debt Commitment Amount to prepay all outstanding Borrowed Money Debt under the System1 Financing Agreement and any accrued and unpaid interests, fees or premiums thereon and any other amount necessary to effectuate the termination of the System1 Financing Agreement and the release of any guarantees thereof and any security provided in connection therewith (the “Midco/System1 Debt Repayment”).
Except for the security interests in the Subsidiary Equity held by the Borrowed Money Debt lenders, no Person has any claim to, or any right to acquire any Subsidiary Equity or ownership interests in any Subsidiary.
If the Closing Borrowed Money Debt is less than $11,515,130.17, the difference and interest thereon will be due and payable to the Existing Shareholders by HDA; however, to the extent the Closing Borrowed Money Debt is more than $11,515,130.17, the excess and interest thereon will be due and payable to HDA by the Existing Shareholders.
Except as set forth in Schedule 6.9, the Acquired Companies have good title to (or a valid leasehold interest in) the tangible personal property currently used in the conduct of the Business (other than items of tangible personal property that individually and in the aggregate are immaterial to the operation of the Business), and such title or leasehold interests are free and clear of Liens, except for Borrowed Money Debt Liens to be released at the Closing and Permitted Liens.
More Definitions of Borrowed Money Debt
Borrowed Money Debt means all indebtedness for borrowed money and any guaranties of indebtedness for borrowed money.
Borrowed Money Debt means, with respect to S1 Holdco, the CSC Blockers, OpenMail and Protected, as applicable, (a) all indebtedness for borrowed money, (b) all obligations evidenced by bonds, debentures, notes or similar instruments (including any letter of credit, surety bond, banker’s acceptance or similar reimbursement agreement or obligation, in each case, solely to the extent drawn), (c) all obligations to pay the deferred purchase price of property or services (excluding trade accounts payable arising in the ordinary course of business of S1 Holdco, the CSC Blockers, OpenMail or Protected, as applicable), (d) all obligations under leases required to be capitalized in accordance with GAAP and any purchase money indebtedness, (e) all obligations under any hedging arrangement, (f) all obligations under any direct or indirect guaranties in respect of, or obligations (contingent or otherwise) to purchase or otherwise acquire, or otherwise to assure a creditor against loss in respect of, indebtedness for borrowed money or obligations of others of the kinds referred to in clauses (a) through (e) above, and (h) all obligations of the kinds referred to in clauses (a) through (e) above of other Persons secured by any Lien on any property or asset of S1 Holdco, the CSC Blockers, OpenMail or Protected, as applicable.
Borrowed Money Debt means Indebtedness of the type described in clause (a) of the definition of “Indebtedness” other than any such Indebtedness (i) owed to the Borrower or a Subsidiary of the Borrower or (ii) secured by a Lien permitted by Section 7.01(p).
Borrowed Money Debt means all indebtedness for borrowed money and any guaranties of indebtedness for borrowed money, including, for the avoidance of doubt, promissory notes issued by either Acquired Company in respect of Tax distributions made in accordance with such Acquired Company’s Organizational Documents in lieu of cash, and that portion of obligations with respect to capital leases that is properly classified as a liability on a balance sheet in conformity with GAAP, applied consistently with the classifications, judgments, valuation methodologies and estimation methodologies used historically by the Acquired Companies.
Borrowed Money Debt means (A) any obligations of the Company for borrowed money evidenced by notes, bonds, debentures, loan agreements, revolving lines of credit (but only to the extent amounts are drawn thereunder) or similar contracts (other than accounts payable, determined in accordance with United States generally accepted accounting principles (“GAAP”)), (B) all obligations of the Company for the reimbursement of any obligor on any letter of credit, banker’s acceptance or similar transaction, and (C) every obligation of the type referred to in clauses (A) and (B) of another Person which the Company has guaranteed and which is disclosed as such in the footnotes to the Financial Statements.
Borrowed Money Debt means (A) all obligations (including all obligations in respect of principal, accrued interest, penalties, fees and premiums) of any Target Group Entity for borrowed money, for the deferred purchase price of property, goods or services (other than Accounts Payable) and any such obligations evidenced by notes, bonds, debentures or similar contracts, (B) all capitalized lease obligations of any Target Group Entity, (C) all obligations of any Target Group Entity for the reimbursement of any obligor on any letter of credit, banker’s acceptance or similar transaction, (D) all obligations of any Target Group Entity arising under interest rate protection agreements, swap agreements and collar agreements and (E) every obligation of the type referred to in clauses (A) through (D) of another Person which any Target Group Entity has guaranteed or for which any Target Group Entity is responsible or liable, directly or indirectly, as obligor, guarantor or otherwise. (iv) “Cash” means all unrestricted cash and cash equivalents that are required to be reflected as such on a balance sheet of any Target Group Entity. The term “unrestricted” shall be understood to refer to amounts available for distribution, withdrawal or usage by any Target Group Entity or the Fund GP, without any restriction by Law, Contract or otherwise, within three (3) Business Days’ notice. Undeployed capital drawn down by the Fund shall not be deemed to be “Cash”. Solely for the purposes of calculating Net Working Capital pursuant to this 1.5, any restricted cash underlying the cash-collateralized standby letter of credit, dated June 3, 2014, issued by JPMorgan Chase Bank, N.
Borrowed Money Debt means any of the issuer’s indebtedness for borrowed money or the indebtedness of a material banking subsidiary of the issuer, other than the series of which your senior debt security is a part.