Debt/Equity Issuance definition

Debt/Equity Issuance means any sale or issuance of Equity Interests by the Parent or any of its Subsidiaries, respectively, or any incurrence or issuance of Debt for Borrowed Money by the Parent or any of its Subsidiaries, other than (a) Debt under the AYE Loan Documents, (b) Debt under the Financing Documents, (c) Permitted Regulated Subsidiary Debt, (d) unsecured Debt owed to any Grantor which constitutes Pledged Debt, (e) reimbursement obligations for amounts paid on behalf of any Company Group Member by the Parent or any of its Subsidiaries in accordance with applicable requirements under PUHCA with respect to the provision of goods or services to such Company Group Member and the Parent or one or more Subsidiaries of the Parent, (f) reimbursement obligations for amounts paid on behalf of the Parent or any of its Subsidiaries in accordance with applicable requirements under PUCHA with respect to the provision of goods and services to the Parent and one or more Subsidiaries of the Parent or to two or more Subsidiaries of the Parent, (g) Debt under the BB&T Loan Documents (as defined in the AYE Credit Agreement), (h) Debt under Capitalized Leases and purchase money obligations permitted under the terms of the Financing Documents or the AYE Credit Agreement, (i) Equity Interests issued after the date hereof by any Subsidiary of the Parent which is made pro rata to holders of Equity Interests in such Subsidiary as of the Closing Date to any Affiliates of the Parent in accordance with the terms of the Financing Documents or, in the case of the Borrower only, issued solely to the Parent, and (j) Debt incurred by the Parent or any of its Subsidiaries (other than a Company Group Member) pursuant to financial arrangements among the Parent and certain of its Subsidiaries with respect to inter-company loans pursuant to the authorization and restrictions of the SEC.
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Debt/Equity Issuance means any sale or issuance of Equity Interests by the Parent or any of its Subsidiaries in the Parent or such Subsidiary, respectively, or any incurrence or issuance of Debt for Borrowed Money by the Parent or any of its Subsidiaries, other than (a) Debt under the AYE Loan Documents, (b) Debt under the AESC Loan Documents, (c) Debt under the Hagerstown Loan Documents, (d) Permitted Regulated Subsidiary Debt, (e) Debt owed to Affiliates to the extent such Debt is pledged to the AESC Lenders pursuant to the AESC Loan Documents or is permitted pursuant to Section 5.02(b)(ii), (x) or (xii) of this Agreement, (f) reimbursement obligations for amounts paid on behalf of the Parent or any of its Subsidiaries in accordance with applicable requirements under the Public Utility Holding Company Act of 1935 with respect to the provision of goods or services to the Parent and one or more Subsidiaries of the Parent or to two or more Subsidiaries of the Parent, (g) Debt under the BB&T Loan Documents, (h) Debt under Capitalized Leases permitted by the AESC Loan Documents or Section 5.02(b)(xi), (i) purchase money obligations permitted by the AESC Loan Documents or Section 5.02(b)(xi), (j) Debt incurred by the Parent or any of its Subsidiaries (other than an AESC Company) pursuant to financial arrangements among the Parent and certain of its Subsidiaries with respect to inter-company loans pursuant to the authorization and restrictions of the Securities and Exchange Commission and (k) Equity Interests issued after the date hereof by any Subsidiary of the Parent which is made pro rata to holders of Equity Interests in such Subsidiary as of the date hereof or, in the case of AESC only, issued solely to the Parent.
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Examples of Debt/Equity Issuance in a sentence

  • As soon as possible and in any event no later than 30 days prior to the occurrence of any Debt/Equity Issuance by the Parent or any of its Subsidiaries, notify the AYE Lender Agent of the following with respect to such Debt/Equity Issuance: (i) the identity of the issuer, (ii) the expected date of such Debt/Equity Issuance and (iii) the amount of the Net Cash Proceeds expected to result therefrom.

  • Upon any Debt/Equity Issuance by an AESC Company, the Parent shall pay an amount equal to the Required Prepayment Amount relating to such Debt/Equity Issuance to the AYE Lender Agent for application in accordance with clause (v) below.

  • At all times act reasonably in accordance with the Business Plan; provided that, for the avoidance of doubt, any Sale of Assets or Debt/Equity Issuance which is otherwise permitted under the AYE Loan Documents shall not be prohibited pursuant to this Section 5.01(p) notwithstanding that such Sale or Debt/Equity Issuance is not expressly included in the Business Plan.

  • As soon as possible and in any event no later than 30 days prior to the occurrence of any Debt/Equity Issuance by a Borrower Group Member, the following with respect to such Debt/Equity Issuance: (i) the identity of the issuer, (ii) the expected date of such Debt/Equity Issuance and (iii) the amount of the Net Cash Proceeds expected to result therefrom.

  • Organize or invest, or permit any Subsidiary to organize or invest, in any new Subsidiary, except in order to: (i) effectuate any Sale of an Asset permitted under Section 5.02(e), (ii) effectuate any Debt/Equity Issuance (iii) enhance the tax efficiency of the Borrower and its Subsidiaries, taken as a whole; provided that, with respect to this clause (iii), (A) no Debt for Borrowed Money is incurred in connection therewith and (B) no Lien is created, granted, incurred or assumed in connection therewith.

  • At all times act reasonably in accordance with the Business Plan; provided that, for the avoidance of doubt, any Sale of Assets or Debt/Equity Issuance which is otherwise permitted under the Financing Documents shall not be prohibited pursuant to this Section 5.01(r) notwithstanding that such Sale or Debt/Equity Issuance is not expressly included in the Business Plan.

  • The Agent shall have received evidence satisfactory to it that the Borrower shall have received cash proceeds from the issuance of the Subordinated Notes, in an aggregate amount not less than $192,294,375 net of all brokerage commissions, underwriting fees and discounts (the "Initial Debt/Equity Issuance") and that at least $115,000,000 of such funds have been applied to the consumma tion of the FEI Acquisition and the payment of the Transaction Costs.

Related to Debt/Equity Issuance

  • Equity Issuance means any issuance or sale by a Person of any Equity Interest in such Person and shall in any event include the issuance of any Equity Interest upon the conversion or exchange of any security constituting Indebtedness that is convertible or exchangeable, or is being converted or exchanged, for Equity Interests.

  • Excluded Equity Issuance means (i) any issuance of Equity Interest by a member of the Restricted Group to another member of the Restricted Group, (ii) any issuance of Equity Interests by the Borrower pursuant to an equity incentive or compensation plan or pursuant to a dividend reinvestment or share purchase plan, and (iii) any issuance of Equity Interest in Parent to acquire limited partnership interests in PREIT.

  • Permitted Equity Issuance means any sale or issuance of any Qualified Equity Interests of the Borrower or any Parent Company.

  • Equity Issuance Proceeds means, with respect to any Equity Issuance, all cash and cash equivalent investments received by the Borrower or any of its Subsidiaries from such Equity Issuance (other than from any other Credit Party) after payment of, or provision for, all underwriter fees and expenses, SEC and blue sky fees, printing costs, fees and expenses of accountants, lawyers and other professional advisors, brokerage commissions and other out-of-pocket fees and expenses actually incurred in connection with such Equity Issuance.

  • Debt Issuance means the issuance by any Loan Party or any Subsidiary of any Indebtedness other than Indebtedness permitted under Section 8.03.