Incremental FILO Amendment definition

Incremental FILO Amendment has the meaning assigned to such term in Section 2.09(b).
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Incremental FILO Amendment has the meaning specified in Section 2.15(b). “Incremental FILO Availability” has the meaning specified in Section 2.15(b). “Incremental Revolving Amendment” has the meaning specified in Section 2.15(a). “Incremental Revolving Availability” has the meaning specified in Section 2.15(a). “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: (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 that 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; (c) net obligations of such Person under any Swap Contract; (d) all obligations of such Person to pay the deferred purchase price of property or services (other than (i) trade accounts payable and accrued expenses payable in the ordinary course of business, (ii) any earn-out obligation until such obligation is not paid after becoming due and payable and (iii) accruals for payroll and other liabilities accrued in the ordinary course of business); (e) indebtedness (excluding prepaid interest thereon) secured by a Lien on property owned or being purchased by such Person (including indebtedness arising under conditional sales or other title retention agreements and mortgage, industrial revenue bond, industrial development bond and similar financings), whether or not such indebtedness shall have been assumed by such Person or is limited in recourse, provided that if such Indebtedness has not been assumed by such Person, the amount of Indebtedness under this clause (e) shall be deemed to be equal to the lesser of (i) the aggregate unpaid amount of such Indebtedness and (ii) the fair market value (as determined by such Person in good faith) of the property encumbered thereby; (f) all Attributable Indebtedness; (g) all obligations of such Person in respect of Disqualified Equity Interests; and - 58 -
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Examples of Incremental FILO Amendment in a sentence

  • The effectiveness of any Incremental Revolving Amendment or Incremental FILO Amendment shall be subject to the satisfaction on the date thereof of each of the conditions set forth in Section 4.2 (it being understood that all references to “the date of such Loan or Issuance” or similar language in such Section 4.2 shall be deemed to refer to the effective date of such Incremental Revolving Amendment or Incremental FILO Amendment, as applicable) and such other conditions as the parties thereto shall agree.

Related to Incremental FILO Amendment

  • Incremental Facility Amendment has the meaning specified in Section 2.14(d).

  • Incremental Term Loan Amendment has the meaning assigned to such term in Section 2.20.

  • Incremental Facility Agreement means an Incremental Facility Agreement among the Borrower, the Administrative Agent and one or more Incremental Lenders, establishing Incremental Term Commitments of any Series or Incremental Revolving Commitment Increases and effecting such other amendments hereto and to the other Loan Documents as are contemplated by Section 2.21.

  • Refinancing Amendment means an amendment to this Agreement in form and substance reasonably satisfactory to the Administrative Agent and the Borrower executed by each of (a) the Borrower and Holdings, (b) the Administrative Agent and (c) each Additional Lender and Lender that agrees to provide any portion of the Credit Agreement Refinancing Indebtedness being incurred pursuant thereto, in accordance with Section 2.21.

  • Incremental Commitment Agreement means each Incremental Commitment Agreement in the form of Exhibit R (appropriately completed) executed and delivered in accordance with Section 2.14.

  • Incremental Facility has the meaning specified in Section 2.16(a).

  • Extension Amendment has the meaning set forth in Section 2.16(d).

  • ESG Amendment has the meaning specified in Section 2.18.

  • Incremental Increase has the meaning specified in Section 2.16(a).

  • Additional Credit Extension Amendment means an amendment to this Agreement providing for any Incremental Commitments which shall be consistent with the applicable provisions of this Agreement relating to such Incremental Commitments and otherwise reasonably satisfactory to the Administrative Agent and the Borrower.

  • Permitted Amendment means, with respect to any Shared-Loss Loan Commitment or Shared-Loss Loan, any amendment, modification, renewal or extension thereof, or any waiver of any term, right, or remedy thereunder, made by the Assuming Bank in good faith and otherwise in accordance with the applicable requirements set forth in Article III of this Commercial Shared-Loss Agreement and the then effective written internal credit policy guidelines of the Assuming Bank; provided, that:

  • Incremental Revolving Increase has the meaning set forth in Section 2.16(a).

  • Incremental Commitments has the meaning set forth in Section 2.14(a).

  • Major Amendment means any change which is not a minor amendment.

  • Incremental Amendment has the meaning set forth in Section 2.14(f).

  • Commitment Increase Supplement as defined in subsection 2.20(c).

  • Closing Date Term Loan Commitment means, as to each Lender, its obligation to make its Closing Date Term Loans to the Borrower pursuant to Section 2.01(b). The aggregate principal amount of the Closing Date Term Loan Commitments of all Lenders effect on the Closing Date is FOUR HUNDRED MILLION DOLLARS ($400,000,000.00).

  • Commitment Increase Effective Date has the meaning set forth in Section 2.02(b).

  • Incremental Loan Commitments has the meaning assigned thereto in Section 5.13(a)(ii).

  • Incremental Agreement shall have the meaning provided in Section 2.14(e).

  • Incremental Effective Date has the meaning specified in Section 2.15(c).

  • Incremental Facilities has the meaning assigned to such term in Section 2.22(a).

  • Increase Joinder has the meaning specified therefor in Section 2.14.

  • Incremental Commitment means an Incremental Term Loan Commitment or an Incremental Revolving Facility Commitment.

  • Incremental Facility Closing Date has the meaning set forth in Section 2.14(d).

  • Incremental Term Loan Commitments has the meaning set forth in Section 2.24.