Debt Incurrence Proceeds means, with respect to any Debt Incurrence, all cash and cash equivalent investments received by the Borrower or any of its Subsidiaries from such Debt Incurrence after payment of, or provision for, all underwriter fees and expenses, original issue discount, 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 Debt Incurrence; provided that, an original issue discount shall not reduce the amount of such Debt Incurrence Proceeds unless such discount is due and payable at or immediately following the closing of such Debt Incurrence and such discount has not already been taken into account to reduce the amount of proceeds received by the Borrower or such Subsidiary from such Debt Incurrence.
Debt Incurrence Proceeds means, with respect to any Debt Incurrence or the issuance of the Convertible Senior Notes, all cash and cash equivalent investments received by the Borrower or any of its Subsidiaries from such Debt Incurrence 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 Debt Incurrence.
Debt Incurrence Proceeds means, with respect to any Additional Subordinated Debt, all cash and cash equivalent investments received by the Borrower from such Additional Subordinated Debt after payment of, or provision for, all underwriter fees and expenses, original issue discount, securities and exchange commission 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 Additional Subordinated Debt; provided that, an original issue discount shall not reduce the amount of such Debt Incurrence Proceeds unless such discount is due and payable at or immediately following the closing of such Additional Subordinated Debt and such discount has not already been taken into account to reduce the amount of proceeds received by the Borrower from such Additional Subordinated Debt.
Examples of Debt Incurrence Proceeds in a sentence
The Convertible Senior Notes shall have been issued by the Borrower and the Borrower shall have received Debt Incurrence Proceeds therefrom in an amount equal to or greater than $95,000,000.
Immediately upon the receipt of any Debt Incurrence Proceeds by any Loan Party or any Subsidiary of any Loan Party (other than Debt Incurrence Proceeds in respect of any Indebtedness permitted to be issued or incurred pursuant to Section 9.02), the Borrower shall use, or shall cause to be used, 100% of such Debt Incurrence Proceeds to prepay the Loans in accordance with Section 3.04(b)(vii).
Each of the parties hereto acknowledge that, as contemplated in Section 6.02(j) the Credit Agreement, the Borrower is required to apply the Debt Incurrence Proceeds of Senior Unsecured Notes to repay in full the Subordinated Debt.
The Borrower shall prepay the Term Loans by an amount equal to 100% of the Debt Incurrence Proceeds that the Parent Company or any of its Subsidiaries receives from each Debt Incurrence after the Closing Date within 30 days after the date of each such Debt Incurrence.
Therefore, notwithstanding anything in the Subordination and Intercreditor Agreement to the contrary, Lenders hereby consent to (a) such repayment in full of the Subordinated Debt with such Debt Incurrence Proceeds, and (b) the termination of the Subordination and Intercreditor Agreement upon the payment in full of the Subordinated Debt and termination of the Subordinated Credit Agreement.
More Definitions of Debt Incurrence Proceeds
Debt Incurrence Proceeds means the proceeds received by the Borrower in respect of any bond or note issuance or any bilateral or syndicated facility (“Debt Incurrence”) except for Excluded Debt Incurrence Proceeds, and after deducting:
Debt Incurrence Proceeds means, with respect to any Debt Incurrence, all cash and cash equivalents received by the Borrower or any Restricted Subsidiary from such Debt Incurrence after payment of, or provision for, all underwriter fees and expenses, original issue discount, fees and expenses of accountants, lawyers and other professional advisors, brokerage commissions and other reasonable out-of-pocket fees and expenses actually incurred in connection with such Debt Incurrence.
Debt Incurrence Proceeds means, with respect to any Debt Incurrence, all cash and Liquid Investments received by the Borrower or any of its Subsidiaries from such Debt Incurrence after payment of, or provision for, all underwriter fees and expenses, original issue discount, SEC and blue sky fees, printing costs, fees and expenses of accountants, lawyers and other professional advisors, brokerage commissions, Taxes paid or payable in connection with such Debt Incurrence and other out-of-pocket fees and expenses actually incurred in connection with such Debt Incurrence; provided that, an original issue discount shall not reduce the amount of such Debt Incurrence Proceeds unless such discount is due and payable at or immediately following the closing of such Debt Incurrence and such discount has not already been taken into account to reduce the amount of proceeds received by the Borrower or such Subsidiary from such Debt Incurrence.
Debt Incurrence Proceeds means any Net Cash Proceeds received by any Loan Party or any Subsidiary of any Loan Party from any incurrence of Indebtedness (other than the Secured Obligations) by any such Loan Party or Subsidiary.
Debt Incurrence Proceeds means, with respect to any Debt Incurrence, all cash received by the Borrower or any of its Subsidiaries from such Debt Incurrence after payment of, or provision for, all underwriter or purchaser fees, expenses, discounts and commissions, original issue discount, 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 Debt Incurrence; provided that, an original issue discount shall not reduce the amount of such Debt Incurrence Proceeds unless such discount is taken at or immediately following the closing of such Debt Incurrence and such discount has not already been taken into account to reduce the amount of proceeds received by the Borrower or any of its Subsidiaries from such Debt Incurrence.
Debt Incurrence Proceeds means the aggregate amount of all cash (and, in the case of any non-cash consideration including by way of set-off, the monetary value thereof which is not subject to the Transaction Security) received by or paid to the order of any Borrower as a result of incurring any Financial Indebtedness after the date of this Agreement except for any Permitted Financial Indebtedness set out in paragraphs (b)(i), (b)(iii), (b)(iv) and b(v) of Clause 20.6 (Restrictions on financial indebtedness) after deducting:
Debt Incurrence Proceeds means, with respect to any Debt Incurrence, all cash and Cash Equivalent Investments received by the Borrower or any of its Subsidiaries from such Debt Incurrence or such Indebtedness, as the case may be, 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 Debt Issuance or such Indebtedness, as the case may be.