Incorporated Covenant definition

Incorporated Covenant is defined in Section 9.11(b).

Incorporated Covenant has the meaning specified in Section 7.9(d).

Incorporated Covenant has the meaning given in Section 8.1.11 [Additional NJR Note Agreements Covenants].

Examples of Incorporated Covenant in a sentence

• Without limiting the foregoing, any amendment, elimination or termination of any Incorporated Covenant in accordance with the terms of the applicable Subject Agreement (including as a result of the termination of such Subject Agreement) shall constitute an immediate amendment, elimination or termination, as the case may be, of such Incorporated Covenant hereunder.

• In determining whether a breach of any Financial Covenant incorporated by reference into this Agreement pursuant to this Section 9.10 shall constitute an Event of Default, the period of grace, if any, applicable to such Incorporated Covenant in the relevant Principal Credit Facility (notwithstanding the grace period set forth in Section 11(d)) shall apply.

• The Incorporated Covenants shall apply mutatis mutandis to the Borrower, and the Borrower shall comply with terms of each Incorporated Covenant as and when required by the terms of such Incorporated Covenant (it being understood and agreed that the Borrower’s failure to so comply with any Incorporated Covenant shall constitute a breach of this Section 9.01).

• Incorporated Covenant shall have the meaning specified in Section 7.1.11(ii) [Most Favored Lender].

• Such Purchaser shall have received an Officer’s Certificate from the Constituent Companies identifying each Incorporated Covenant then in effect under any Principal Credit Facility.

More Definitions of Incorporated Covenant

Incorporated Covenant the meaning specified in SECTION 10.22(e)

Incorporated Covenant has the meaning given that term in Section 13.6(f)(iii).

Incorporated Covenant shall have the meaning given in paragraph 6M(ii).

Incorporated Covenant is defined in Section 9.11(b). SCHEDULE B (to Note Purchase and Guarantee Agreement)

Incorporated Covenant is defined in Section 8.8.

Incorporated Covenant shall have the meaning given in Section 8.1.11 [Additional NJR Note Agreements Financial Covenants]. Indebtedness shall mean, as to any Person at any time, any and all indebtedness, obligations or liabilities (whether matured or unmatured, liquidated or unliquidated, direct or indirect, absolute or contingent, or joint or several) of such Person for or in respect of (without duplication unless duplication is required pursuant to the NJR Note Agreements): (i) borrowed money, (ii) amounts raised under or liabilities in respect of any note purchase or acceptance credit facility, (iii) reimbursement obligations (contingent or otherwise) under any letter of credit, currency swap agreement, interest rate swap, cap, collar or floor agreement or other interest rate or currency exchange rate management device, (iv) any other transaction (including forward sale or purchase agreements, capitalized leases and conditional sales agreements) having the commercial effect of a borrowing of money entered into by such Person to finance its operations or capital requirements (but not including off-balance sheet transactions which are addressed in Section 8.2.14 [Off-Balance Sheet Financing] and trade payables and accrued expenses incurred in the ordinary course of business which are not represented by a promissory note or other evidence of indebtedness and which are not more than sixty (60) days past due), (v) the net indebtedness, obligations and liabilities of such Person under any Hedging Transaction to the extent constituting “indebtedness,” as determined in accordance with GAAP, adjusted downward dollar for dollar for any related margin collateral account balances maintained by such Person, (vi) any Guaranty of any Hedging Transaction described in the immediately preceding clause (v), (vii) any Guaranty of Indebtedness for borrowed money, (viii) any Hybrid Security described in clause (i) of the definition of Hybrid Security, or (ix) the mandatory repayment obligation of the issuer of any Hybrid Security described in clause (ii) of the definition of Hybrid Security. Indemnified Taxes shall mean (i) Taxes, other than Excluded Taxes, imposed on or with respect to any payment made by or on account of any obligation of any Loan Party under any Loan Document, and (ii) to the extent not otherwise described in the preceding clause (i), Other Taxes. Indemnitee shall have the meaning specified in Section 11.3.2 [Indemnification by the Borrower].

Incorporated Covenant is defined in Section 9.9(b). “Increased Interest Rate” is defined in Section 10.6(a)(ii).