Incremental Equivalent Unsecured Debt has the meaning set forth in Section 7.03(w).
Incremental Equivalent Unsecured Debt and together with the Incremental Equivalent First Lien Debt and the Incremental Equivalent Junior Lien Debt, “Incremental Equivalent Debt”); provided that such Incremental Equivalent Unsecured Debt shall (A) have a maturity date that is at least ninety-one (91) days after the Latest Maturity Date at the time such Incremental Equivalent Unsecured Debt is incurred, (B) have a Weighted Average Life to Maturity not shorter than the longest remaining Weighted Average Life to Maturity of the Facilities and (C) have terms and conditions (other than (x) pricing, rate floors, discounts, fees, premiums and optional prepayment or redemption provisions and (y) covenants or other provisions applicable only to periods after the Latest Maturity Date at the time of incurrence of such Indebtedness and to the extent any financial maintenance covenant is added for the benefit of such Incremental Equivalent Unsecured Debt, to the extent that such financial maintenance covenant is also added for the benefit of each Facility remaining outstanding after the incurrence or issuance of such Incremental Equivalent Unsecured Debt) that (1) in the good faith determination of the Borrower are not materially less favorable (when taken as a whole) to the Borrower than the terms and conditions of the Loan Documents (when taken as a whole) or reflect market terms and conditions (taken as a whole) at the time of incurrence or issuance (provided that a certificate of the Borrower as to the satisfaction of the conditions described in this clause (1) delivered at least five Business Days prior to the incurrence of such Indebtedness, together with a reasonably detailed description of the materials terms and conditions of such Indebtedness or drafts of documentation relating thereto, stating that the Borrower has determined in good faith that such terms and conditions satisfy the foregoing requirements of this clause (C), shall be conclusive) or (2) are otherwise as agreed between the Borrower and the lender, holder or other provider of such Indebtedness; provided, further, that any such Indebtedness incurred by a Restricted Subsidiary that is not a Loan Party, together with any Indebtedness incurred by a Restricted Subsidiary that is not a Loan Party pursuant to Sections 7.03(g), 7.03(q), 7.03(s) or 7.03(w), does not exceed in the aggregate at any time outstanding, the greater of (i) $165,000,000 and (ii) 2.25% of Total Assets, in each case determined at the time of incurrence, and any Permi...
Incremental Equivalent Unsecured Debt and together with the Incremental Equivalent First Lien Debt and the Incremental Equivalent Junior Lien Debt, “Incremental Equivalent Debt”), so long as no Event of Default under Section 8.01(a) or, solely with respect to the Borrower, Section 8.01(f) shall have occurred and be continuing or would exist after giving effect to such Indebtedness; provided that such IndebtednessIncremental Equivalent Unsecured Debt shall (A) have a maturity date that is at least ninety-one (91) days after the Latest Maturity Date at the time such IndebtednessIncremental Equivalent Unsecured Debt is incurred (subject to the Permitted Earlier Maturity Indebtedness Exception) and (B) have a Weighted Average Life to Maturity not shorter than the longest remaining Weighted Average Life to Maturity of the Facilities; provided, further, that any such Indebtedness incurred by a Restricted Subsidiary that is not a Loan Party, together with any Indebtedness incurred by a Restricted Subsidiary that is not a Loan Party pursuant to Sections 7.03(g), 7.03(q), 7.03(u) or 7.03(s), does not exceed in the aggregate at any time outstanding, the greater of (i) $165,000,000 and (ii) 2.25% of Total Assets, in each case determined at the time of incurrence; (subject to the Permitted Earlier Maturity Indebtedness Exception;
More Definitions of Incremental Equivalent Unsecured Debt
Incremental Equivalent Unsecured Debt has the meaning assigned thereto in Section 6.01(a)(iv) ..“Incremental Facilities ” has the meaning assigned to such term in Section 2.21(a) ..“Incremental Facility Amendment ” has the meaning assigned to such term in Section 2.21(e) ..-27-141683210_5 163765871_7 22-31184-1 C1.1 P49
Incremental Equivalent Unsecured Debt has the meaning set forth in Section 7.03(q). “Incremental Facility” has the meaning set forth in Section 2.14(a).
Incremental Equivalent Unsecured Debt has the meaning set forth in Section 7.03(u). “Incremental Facility Closing Date” has the meaning set forth in Section 2.14(d). “Incremental Lenders” has the meaning set forth in Section 2.14(c). “Incremental Loan” has the meaning set forth in Section 2.14(b). “Incremental Loan Request” has the meaning set forth in Section 2.14(a). “Incremental Revolving Credit Commitments” has the meaning set forth in Section 2.14(a). “Incremental Revolving Credit Lender” has the meaning set forth in Section 2.14(c). “Incremental Revolving Credit Loan” has the meaning set forth in Section 2.14(b). “Incremental Term Commitments” has the meaning set forth in Section 2.14(a). “Incremental Term Lender” has the meaning set forth in Section 2.14(c). “Incremental Term Loan” has the meaning set forth in Section 2.14(b). “Incurrence-Based Incremental Amount” has the meaning set forth in Section 2.14(d)(v). “Indebtedness” means, as to any Person at a particular time, without duplication, all of the following: (a) all obligations of such Person for borrowed money and all obligations of such Person evidenced by bonds, debentures, notes, loan agreements or other similar instruments; (b) the maximum amount (after giving effect to any prior drawings or reductions which may have been reimbursed) of all outstanding letters of credit (including standby and commercial), bankers’ acceptances, bank guaranties, surety bonds, performance bonds and similar instruments issued or created by or for the account of such Person; - 44-