Credit Agreement Refinancing Debt means Indebtedness issued, incurred or otherwise obtained (including by means of the extension or renewal of existing Indebtedness) in exchange for, or to extend, renew, replace, repurchase, retire or refinance, in whole or part, Revolving Loans, Existing Term Loans, Term B Loans, Incremental Term Loans, Extended Term Loans or any then existing Credit Agreement Refinancing Debt (“Refinanced Debt”); provided that (i) such Indebtedness has a maturity no earlier than, and a Weighted Average Life to Maturity equal to or greater than, the Refinanced Debt, (ii) such Indebtedness shall not have a greater principal amount than the principal amount of the related Refinanced Debt plus accrued interest, fees, premiums (if any) and penalties thereon and reasonable fees and expenses associated with the refinancing, (iii) such Indebtedness shall not be secured by any assets that do not constitute Collateral, (iv) such Indebtedness is not at any time guaranteed by any Subsidiaries other than Subsidiary Guarantors, (v) such Indebtedness shall rank pari passu or junior in right of payment and of security (if any) with the other Loans, (vi) such Refinanced Debt shall be repaid, repurchased, retired, defeased or satisfied and discharged, and all accrued interest, fees, premiums (if any) and penalties in connection therewith shall be paid, on the date such Credit Agreement Refinancing Debt is issued, incurred or obtained, (vii) such Indebtedness shall have such pricing (including interest rate margins, rate floors, fees, premiums and funding discounts) and optional prepayment terms as may be agreed by the Borrower and the Additional Refinancing Lenders thereof, and (viii) the terms and conditions of such Indebtedness (except as otherwise provided in clause (vii) above and with respect to pricing (including interest rate margin, rate floors, fees, premiums and funding discounts) and optional prepayment or redemption terms) are substantially identical to, or are not materially more favorable, taken as a whole, to the lenders or holders providing such Indebtedness (in the good faith determination of the Borrower and the Administrative Agent) than those applicable to the Refinanced Debt being refinanced (except for covenants or other provisions applicable only to periods after the Latest Maturity Date at the time of incurrence of such Indebtedness).
Credit Agreement Refinancing Debt means (a) Permitted First Priority Refinancing Debt, (b) Permitted Second Priority Refinancing Debt, (c) Permitted Unsecured Refinancing Debt or (d) other Debt incurred pursuant to a Refinancing Amendment, in each case, issued, incurred or otherwise obtained (including by means of the extension or renewal of existing Debt) in exchange for, or to extend, renew, replace, repurchase, retire or refinance, in whole or part, existing Term Loans or existing Revolving Loans (or unused Revolving Commitments), or any then-existing Credit Agreement Refinancing Debt (“Refinanced Debt”); provided that (i) such Debt has a maturity no earlier than, and a Weighted Average Life to Maturity equal to or greater than, the Refinanced Debt, (ii) such Debt shall not have a greater principal amount than the principal amount of the Refinanced Debt plus accrued interest, fees, premiums (if any) and penalties thereon and reasonable fees and expenses associated with the refinancing, (iii) the terms and conditions of such Debt (except as otherwise provided in clause (ii) above and with respect to pricing, premiums and optional prepayment or redemption terms) are substantially identical to, or (taken as a whole) are no more materially favorable, taken as a whole, to the lenders or holders providing such Debt in the good faith determination of the Borrower than, those applicable to the Refinanced Debt being refinanced (except for covenants or other provisions applicable only to periods after the Latest Maturity Date at the time of incurrence of such Debt), (iv) such Debt is not at any time guaranteed by any Subsidiaries other than Subsidiaries that are Guarantors, (v) such Debt does not have scheduled amortization payments of principal or payments of principal and is not subject to mandatory redemption, repurchase, prepayment, sinking fund obligations or prepayments at the option of the holders thereof (except customary asset sale or change of control provisions that provide for the prior repayment in full of the Loans and all other Obligations), in each case prior to the Latest Maturity Date at the time such Debt is incurred, (vi) to the extent secured, the security agreements relating to such Debt are substantially the same as or more favorable to the Loan Parties than the Security Documents (with such differences as are reasonably satisfactory to the Administrative Agent) and (vii) such Refinanced Debt shall be repaid, repurchased, retired, defeased or satisfied and discharged, and a...
Credit Agreement Refinancing Debt means Indebtedness, whether in the form of secured or unsecured loans, secured or unsecured notes or otherwise, incurred pursuant to a Refinancing Amendment and issued, incurred or otherwise obtained (including by means of the extension or renewal of existing Indebtedness) in exchange for, or to extend, renew, replace, repurchase, retire or refinance, in whole or part, existing Loans, or any then-existing Credit Agreement Refinancing Debt (“Refinanced Debt”); provided that (i) the Effective Yield with respect to such Indebtedness shall be determined by the Borrower and the lenders providing such Credit Agreement Refinancing Debt, (ii) such Indebtedness has a maturity no earlier than, and a Weighted Average Life to Maturity equal to or greater than, the Refinanced Debt, (iii) such Indebtedness shall not have a greater principal amount than the principal amount of the Refinanced Debt plus accrued interest, fees, premiums (if any) and penalties thereon and reasonable fees and expenses associated with the refinancing, (iv) the terms and conditions of such Indebtedness (except as otherwise provided in clause (iii) above but including pricing and optional prepayment or redemption terms) reflect market terms and conditions at the time of incurrence or issuance and (excluding pricing, interest rate margins, rate floors, discounts, fees, premiums and prepayment or redemption provisions) are not materially more restrictive (when taken as whole) on the Borrower and the Restricted Subsidiaries than the terms and conditions of the Refinanced Debt (when taken as a whole) (it being understood that (1) to the extent any financial maintenance covenant is added for the benefit of such Indebtedness, the terms and conditions thereof will not be deemed to be more restrictive than the terms and conditions of the Refinanced Debt if such financial maintenance covenant is also added for the benefit of the Loans hereunder remaining outstanding after the incurrence or issuance of such Indebtedness and (2) covenants or other provisions applicable only to periods after the Latest Maturity Date of any Loans remaining outstanding after the issuance or incurrence of such Indebtedness at the time of such refinancing shall not be deemed materially more restrictive than the terms and conditions of the Refinanced Debt), (v) such Indebtedness is not at any time guaranteed by any Restricted Subsidiaries other than Restricted Subsidiaries that are Loan Guarantors, (vi) to the extent such Indebt...
Examples of Credit Agreement Refinancing Debt in a sentence
Each issuance of Credit Agreement Refinancing Debt under Section 2.24(a) shall be in an aggregate principal amount that is (x) not less than $25,000,000 and (y) an integral multiple of $1,000,000 in excess thereof.
Each issuance of Credit Agreement Refinancing Debt under Section 2.27(a) shall be in an aggregate principal amount that is (x) not less than $25,000,000 and (y) an integral multiple of $1,000,000 in excess thereof.
Each of the parties hereto hereby agrees that, upon the effectiveness of any Refinancing Amendment, this Agreement shall be deemed amended to the extent (but only to the extent) necessary to reflect the existence and terms of the Credit Agreement Refinancing Debt incurred pursuant thereto (including any amendments necessary to treat the Loans and Commitments subject thereto as Other Term Loans, Other Term Commitments, Other Revolving Credit Loans and/or Other Revolving Credit Commitments).
If any Indebtedness shall be incurred by the Company or any Restricted Subsidiary (other than any Indebtedness permitted to be incurred by any such Person in accordance with S ection 6.2) (other than Permitted Credit Agreement Refinancing Debt), concurrently with, and as a condition to closing of such transaction, an amount equal to 100% of the Net Proceeds thereof shall be applied on the date of such issuance or incurrence toward the prepayment of the Loans as set forth in clause (f) of this S ection 2.6.
Each Class of Credit Agreement Refinancing Debt incurred under this Section 2.30 shall be in an aggregate principal amount that is either (i) sufficient to refinance the entire outstanding amount of the applicable Class of Loans and/or Commitments being refinanced pursuant to this Section 2.30 or (ii) not less than (x) $50,000,000 in the case of a refinancing of Term Loans and (y) $25,000,000 in the case of a refinancing of Revolving Credit Commitments or Other Revolving Credit Commitments.
More Definitions of Credit Agreement Refinancing Debt
Credit Agreement Refinancing Debt has the meaning specified in Section 7.2(a)(ii).
Credit Agreement Refinancing Debt means Debt incurred which constitutes a Permitted Refinancing in respect of all or any portion of the Term A Advances, the Term B Advances, New Term Loans, Replacement Term Loans, or Extended Term Loans (“Refinanced Debt”); provided that (i) such Debt is (a) Permitted Pari Passu Refinancing Debt, (b) Permitted Second Lien Refinancing Debt and/or (c) Permitted Unsecured Refinancing Debt and (ii) such Refinanced Debt shall be repaid and all accrued and unpaid interest, fees and premiums (if any) in connection therewith shall be paid, on the date such Credit Agreement Refinancing Debt is issued, incurred or obtained in accordance with the provisions of Section 2.06.
Credit Agreement Refinancing Debt means Incremental Equivalent Debt so long as prior to or simultaneously with the Incurrence of such Indebtedness, the Borrower has delivered a certificate to the Administrative Agent designating such Indebtedness as “Credit Agreement Refinancing Debt”.
Credit Agreement Refinancing Debt means any Indebtedness for Money Borrowed issued, incurred or otherwise obtained (including by means of the extension or renewal of existing Indebtedness) by the Borrower in exchange for, or to extend, renew, replace or refinance, in whole or part, existing Term Loans or existing Revolving Loans (or unused Revolving Commitments) (including any successive Credit Agreement Refinancing Debt) (“Refinanced Debt” and any such Refinanced Debt that consists of Term Loans, “Refinanced Term Debt” and any such Refinanced Debt that is a revolving credit facility, “Refinanced Revolving Debt”); provided that:
Credit Agreement Refinancing Debt means secured or unsecured Debt (whether in the form of notes or term loans or otherwise) of the Borrower issued after the Restatement Effective Date to replace, refinance or exchange for, in whole or in part, the Term Advances or the Revolving Credit Facility; provided that (a) in the case such Debt replaces, refinances or is exchanged for, in whole or in part, the Term Advances, such Debt shall not mature prior to the latest Termination Date with respect to the Term Advances (other than customary offers to repurchase upon a change of control, asset sale or event of loss and customary acceleration right after an event of default), and shall not have a weighted average life to maturity shorter than that 16 Amended and Restated KCSR Credit Agreement of such Term Advances, (b) in the case such Debt is in the form of any revolving credit facility that replaces, refinances or is exchanged for, in whole or in part, the Revolving Credit Facility, such Debt shall not have a maturity date prior to the Termination Date with respect to the Revolving Credit Facility, (c) 100% of the Net Cash Proceeds of such Debt shall be applied, on the date of the incurrence thereof, to prepay the Facilities, (d) the covenants, events of default, guarantees, collateral and other terms and conditions of which (other than pricing, optional prepayment and redemption premiums, and other than other provisions applicable only to periods after the extant latest Termination Date) are either substantially identical to those in this Agreement or, taken as a whole, not more favorable to the creditors providing such Debt than those in this Agreement are to the Lenders, (e) the obligations in respect thereof shall not be secured by any Lien on any asset of the Parent, the Borrower, any Subsidiary or any other Affiliate of the Borrower, other than any asset constituting Collateral, (f) if such Debt is secured, the security agreements securing such Debt shall be substantially the same as the Collateral Documents (with such differences as shall be reasonably satisfactory to the Administrative Agent), (g) if such Debt is intended to be secured on a pari passu basis with the Obligations under the Loan Documents, then the holders thereof, or a trustee or collateral agent on their behalf, shall have become a party to a “pari passu” intercreditor agreement with the Administrative Agent and the Collateral Agent, in form and substance reasonably satisfactory to the Administrative Agent, and any Liens sec...
Credit Agreement Refinancing Debt. (each as defined in the Second Lien Term Loan Agreement), in each case under this clause (x), that is secured by a Lien on a pari passu basis with the Second Lien Initial Term Loans under any Second Lien Facility voluntarily prepaid (to the extent such voluntary prepayments under the Second Lien Facility are permitted by the terms of this Agreement), (y) the amount of any voluntary reduction in the outstanding amount of any Term Loans resulting from any purchase or assignment made in accordance with Section 10.6(c) of this Agreement (including in connection with any Dutch auction) prior to such date and, in each case under this clause (y), based upon the actual amount of cash paid by Holdings or any Group Member in connection with the relevant purchase or assignment and (z) the amount of any reduction in the outstanding amount of any loans under the Second Lien Term Loan Agreement resulting from any purchase or assignment made in accordance with Section 10.6(c) of the Second Lien Term Loan Agreement (including in connection with any Dutch auction) (or equivalent provision under any other document governing any Second Lien Facility) (to the extent such reductions under the Second Lien Facility are permitted by the terms of this Agreement) prior to such date and, in each case under this clause (z), based upon the actual amount of cash paid by Holdings or any Group Member in connection with the relevant purchase or assignment, and, in each case of clauses (v), (w), (x), (y) and (yz) to the extent that the relevant prepayments were not financed with the proceeds of long-term Indebtedness (other than revolving Indebtedness) of the Group Members; provided that if the difference between clauses (i) and (ii) for any fiscal year is less than or equal to $2,500,000, then no payment shall be required under this clause (c) for such fiscal year.
Credit Agreement Refinancing Debt has the meaning specified in the definition of the term “Credit Agreement Refinancing Indebtedness”.