Existing Secured Notes Issuer definition
Existing Secured Notes Issuer means Axalta Coating Systems U.S. Holdings, Inc. (f/k/a U.S. Coatings Acquisition Inc.), a corporation incorporated under the laws of the state of Delaware, and its successors.
Existing Secured Notes Issuer means GrafTech Finance Inc., a Delaware corporation. “Existing Secured Notes Obligations” means Obligations in respect of the Existing Secured Notes, the Existing Secured Notes Indenture, and the guarantees and the security documents, in each case, relating to the Existing Secured Notes. “Existing Secured Notes Secured Parties” means the “Secured Notes Secured Parties” as defined in the Existing Secured Notes Indenture. “Existing Secured Notes Trustee” means U.S. Bank National Association, as trustee with respect to the Existing Secured Notes, or any successor thereto in such capacity, and any successor or other trustee (and their respective successors) under the Existing Secured Notes Indenture. “fair market value” means, with respect to any asset or liability, the fair market value of such asset or liability as determined by Holdings in good faith. “Financial Officer” means the Chief Financial Officer, the Treasurer or other financial officer of Holdings, as appropriate. “Foreign Subsidiary” means, with respect to any Person: (1) any Restricted Subsidiary of such Person that is not organized or existing under the laws of the United States, any state thereof, the District of Columbia, or any territory thereof and any Restricted Subsidiary of such Foreign Subsidiary; and (2) any Restricted Subsidiary that is treated as a disregarded entity for United States federal income tax purposes and substantially all of whose assets consist of Equity Interests and/or Indebtedness of one or more Foreign Subsidiaries and any Restricted Subsidiary of such Foreign Subsidiary. “GAAP” means: (1) generally accepted accounting principles in the United States of America as are in effect from time to time, or (2) if elected by Holdings by written notice to the Trustee, the accounting standards and interpretations (“IFRS”) adopted by the International Accounting Standards Board, as in effect from time to time; provided, that: (a) any such election once made shall be irrevocable; (b) all financial statements and reports required to be provided after such election pursuant to this Indenture shall be prepared on the basis of IFRS;