DVI Indebtedness definition

DVI Indebtedness means indebtedness of MHOA Texas I, L.L.C. owing to DVI Financial Services Inc. in an amount not to exceed $8,000,000 under the DVI Debt Documents.
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DVI Indebtedness means all obligations and indebtedness of Obligor to Lender, whether now or hereafter owing or existing, including, without limitation, (a) the obligations and indebtedness of Obligor arising under the Loan Documents and those credit facilities specifically described on Schedule 1.5 attached hereto and (b) any of the foregoing that arises after the filing of a petition by or against Obligor under the U.S. Bankruptcy Code even if the obligations do not accrue because of the automatic stay under U.S. Bankruptcy Code ss. 362 or otherwise.
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DVI Indebtedness means all obligations and indebtedness of Obliger to Lender, whether now or hereafter owing or existing, under the Loan Documents.
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Examples of DVI Indebtedness in a sentence

  • The sale, lease or other disposition of the Collateral, or any part thereof, by Lender after an Event of Default may be for cash, credit or any combination thereof, and Lender may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may set-off the amount of such purchase price against the DVI Indebtedness then owing.

  • Lender shall be under no obligation to xxxxxxxx any assets in favor of Obligor or any other party or against or in payment of any or all of the DVI Indebtedness.

  • In the event any action at law or in equity in connection with the Loan Documents, the DVI Indebtedness or matters collateral thereto is terminated adverse to Obligor, Obligor will pay all reasonable attorneys' fees and legal costs incurred by Lender in connection with such actions.

  • The Collateral and the continuing security interests granted therein shall secure the DVI Indebtedness.

  • The net proceeds realized by Lender upon any such sale or other disposition, after deduction for the expenses of retaking, holding, storing, transporting, preparing for sale, selling or otherwise disposing of the Collateral incurred by Lender in connection therewith and all other costs and expenses related thereto including attorney fees, shall be applied in such order as Lender, in its sole discretion, elects, toward satisfaction of the DVI Indebtedness.

  • Borrower shall pay upon demand all costs and expenses incurred by Lender in connection with the enforcement of the Loan Documents and the DVI Indebtedness, including, without limitation, all reasonable legal fees and costs.

  • The security interests in and liens on the Collateral granted to Lender by Obligor hereunder shall not be rendered void by the fact that no DVI Indebtedness exists as of a particular date, but shall continue in full force and effect until all DVI Indebtedness has been paid in full, Lender has no agreement or commitment outstanding pursuant to which Lender may extend credit to or on behalf of Obligor and Lender has executed and delivered termination statements and/or releases with respect to the Collateral.

  • Borrower shall pay upon demand all costs and expenses incurred by Lender in connection with the enforcement of the Loan Documents and the DVI Indebtedness, including without limitation all reasonable legal fees and costs.

  • Pay when due all DVI Indebtedness and all other amounts payable by Obligor to Lender.

  • Borrower will pay when due all DVI Indebtedness and all other amounts payable by it hereunder.


More Definitions of DVI Indebtedness

DVI Indebtedness as set forth in such Security Documents shall include all Obligations under this Agreement, the term "Collateral" as defined in such Security Documents shall secure the Obligations under this Agreement, the Collateral Agent shall be deemed to be a party to each Security Document as successor to and assignee of DVI Financial, all references to DVI Financial in the Security Documents shall refer to the Collateral Agent in its capacity as collateral agent hereunder and the Collateral Agent and Required Lenders shall each be fully entitled to enforce all rights and remedies under the Security Documents and the other Loan Documents.
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DVI Indebtedness as set forth in such Security Documents shall include all Obligations under this Agreement, the term "Collateral" as defined in such Security Documents shall secure the Obligations under this Agreement, the Collateral Agent shall be deemed to be a party to each Security Document as successor to and assignee of REC III, all references to DVIBC or REC III in the Security Documents shall refer to the Collateral Agent in its capacity as collateral agent hereunder and the Collateral Agent and Required Lenders shall each be fully entitled to enforce all rights and remedies under the Security Documents and the other Loan Documents. In furtherance and not in limitation of the foregoing, the Debtors will enter into or cause to be entered into all control or other agreements requested by Collateral Agent or Required Lenders in order to assign to the Collateral Agent all rights to the Receivables, the Lock Box Account and the Lock Box Agreement and will pay all fees and expenses of the Lock Box Bank.
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Related to DVI Indebtedness

  • Related Indebtedness means any and all indebtedness paid or payable by Borrower to Administrative Agent or any Lender pursuant to any Loan Document other than any Note.

  • Balloon Indebtedness means Long-Term Indebtedness, 25% or more of the original principal amount of which becomes due (either by maturity or mandatory redemption) during any consecutive twelve-month period, if such principal amount becoming due is not required to be amortized below such percentage by mandatory redemption or prepayment prior to such twelve-month period.

  • Acquisition Indebtedness means any Indebtedness of the Loan Parties that has been issued for the purpose of financing, in part, the acquisition of an Acquired Entity or Business.

  • Company Indebtedness means all indebtedness of the Company (including without limitation, any loans, advances, letters of credit, bank overdrafts, capital lease obligations and all other indebtedness of any kind including interest, principal and fees).

  • Second Lien Indebtedness means the Indebtedness of the Loan Parties owing to the Second Lien Agent and the Second Lien Lenders under the Second Lien Credit Agreement, which Indebtedness is on terms and conditions reasonably acceptable to the Collateral Agent.

  • Unsecured Indebtedness means Indebtedness which is not Secured Indebtedness.

  • Consolidated First Lien Indebtedness means Consolidated Indebtedness that is secured by a first priority Lien (other than Permitted Liens) on assets of any Borrower or Restricted Subsidiary.

  • First Lien Indebtedness means Consolidated Total Indebtedness that is secured by a Lien on the Collateral, except by a Lien that is junior to the Liens on the Collateral securing the First Lien Obligations.

  • Indebtedness means, as to any Person at a particular time, without duplication, all of the following, whether or not included as indebtedness or liabilities in accordance with GAAP:

  • Refinanced Indebtedness shall have the meaning provided in the definition of the term “Permitted Refinancing Indebtedness”.

  • Intercompany Indebtedness means Indebtedness of Company or any of its Subsidiaries which is owing to Company or any of its Subsidiaries.

  • Senior Unsecured Indebtedness means Indebtedness that is not subordinated to any other Indebtedness and is not secured or supported by a guarantee, letter of credit or other form of credit enhancement.

  • Refinance Indebtedness has the meaning assigned to such term in Section 6.01(f).

  • Applicable Indebtedness has the meaning specified in the definition of “Weighted Average Life to Maturity.”

  • Subordinated Indebtedness means any Indebtedness of the Borrower or any Subsidiary the payment of which is subordinated to payment of the obligations under the Loan Documents.

  • Secured Indebtedness means any Indebtedness secured by a Lien.

  • Excluded Indebtedness means all Indebtedness not incurred in violation of Section 6.01.

  • Designated Indebtedness has the meaning assigned to such term in the Guarantee and Security Agreement.

  • Convertible Indebtedness means Indebtedness of the Parent that is convertible into common Equity Interests of the Parent (and cash in lieu of fractional shares) and/or cash (in an amount determined by reference to the price of such common Equity Interests).

  • Permitted Indebtedness means, without duplication, each of the following:

  • Permitted Secured Indebtedness any Secured Indebtedness that:

  • Restricted Indebtedness means Indebtedness of Holdings, the Borrower or any Subsidiary, the payment, prepayment, repurchase or defeasance of which is restricted under Section 6.09(b).

  • Settlement Indebtedness means any payment or reimbursement obligation in respect of a Settlement Payment.

  • Project Finance Indebtedness means any present or future indebtedness incurred to finance the ownership, acquisition, development and/or operation of an asset, whether or not an asset of a member of the Group:

  • Senior Secured Indebtedness means, with respect to any Person as of any date of determination, any Specified Indebtedness; provided that such Indebtedness is in each case secured by a Lien on the assets of the Issuer or its Restricted Subsidiaries on a basis pari passu with or senior to the security in favor of the Notes.

  • Permitted Convertible Indebtedness means any unsecured Indebtedness issued under the Convertible Senior Notes, and any refinancings or replacements thereof that is unsecured Indebtedness issued by the Borrower and/or guaranteed by a Loan Party; provided that (i) the amount of such Indebtedness is not increased at the time of such refinancing or replacement except by an amount equal to a reasonable premium or other reasonable amount paid, and fees and expenses reasonably incurred, in connection with such refinancing and by an amount equal to any existing commitments unutilized thereunder, and (ii) any Indebtedness in connection with a refinancing or a replacement thereof shall (A) not mature or require any payment of principal thereof prior to the date that is 91 days past the Maturity Date and (B) have covenants that are not more restrictive (taken as a whole) than those set forth herein; provided, further, that the conversion of Permitted Convertible Indebtedness, including any requirement or decision to pay cash upon any conversion of Permitted Convertible Indebtedness in lieu of all or any portion of the Equity Interests of the Borrower due upon conversion of such Permitted Convertible Indebtedness, and the requirement of the Borrower to repurchase Permitted Convertible Indebtedness prior to its stated maturity date upon a fixed date or upon the occurrence of a fundamental change (which would include customary change of control provisions or a termination of trading of the Borrower’s common stock on the exchange on which it is then listed), shall not constitute a maturity or the requirement of any payment of principal of such Permitted Convertible Indebtedness prior to the date that is 91 days past the Maturity Date hereunder for purposes of this definition.