Indebtedness for Borrowed. Money: without duplication, all Indebtedness (i) in respect of money borrowed, (ii) evidenced by a note, debenture or other like written obligation to pay money (including, without limitation, all of Borrowers' Obligations and Senior Indebtedness), (iii) in respect of rent or hire of Property under capitalized leases or for the deferred purchase price of Property, (iv) in respect of obligations under conditional sales or other title retention agreements and (v) all guaranties of any or all of the foregoing.
Indebtedness for Borrowed. Money 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: (i) borrowed money, (ii) amounts raised under or liabilities in respect of any note purchase or acceptance credit facility, (iii) the unreimbursed amount of all drafts drawn under letters of credit issued for the account of such Person and the undrawn stated amount of all letters of credit issued for the account of such Person, (iv) obligations with respect to capitalized leases, or (v) any Guaranty of Indebtedness of the type described in clauses (i) through (iv) above. 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]. Indemnity shall mean the Indemnity Agreement in the form of Exhibit 1.1(I)(1) relating to possible environmental liabilities associated with any of the owned or leased real property of the Loan Parties (other than Hallador) or their Subsidiaries. Information shall mean all information received from the Loan Parties or any of their Subsidiaries relating to the Loan Parties or any of such Subsidiaries or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or the Issuing Lender on a non-confidential basis prior to disclosure by the Loan Parties or any of their Subsidiaries. Initial Term Loans shall have the meaning ascribed to such term in Section 2.11(e) herein. Insolvency Proceeding shall mean, with respect to any Person, (a) a case, action or proceeding with respect to such Person (i) before any court or any other Official Body under any bankruptcy, insolvency, reorganization or other similar Law now or hereafter in effect, or (ii) for the appointment of a receiver, liquidator, assignee, custodian, trustee, sequestrator, conservator (or similar official) of any Loan Party or otherwise relating to the liquidation, dissolution, winding-up or relief of such Person, or (b) any general assignment for the benefit of creditors, composition, marshaling of assets for creditors, or other, similar ar...
Indebtedness for Borrowed. Money shall mean, without duplication on a consolidated basis with its Subsidiaries, all indebtedness of the Company (without regard to the above definition of Indebtedness) for or under any of the following: (i) borrowed money, whether current, short-term, or long-term, secured or unsecured, (ii) the deferred purchase price for purchases of property (other than trade payables which are not overdue by more than 90 days), (iii) any conditional sale or other title retention agreement with respect to property acquired, (iv) all off-balance sheet financings including, without limitation, synthetic leases and other similar financing arrangements, and excluding the operating leases described in Note 9 to the most recent audited financial statements forming part of the Company Financial Statements, (v) any payment obligations in respect of banker's acceptances or letters of credit (other than stand-by letters of credit in support of ordinary course trade payables), (vi) any liability with respect to interest rate swaps, collars, caps and similar obligation, (vii) any debt paid or prepaid since the date of this Agreement, which payment or prepayment is a breach of the representations and warranties set forth in Section 3.18(A)(iii)(d), (viii) any accrued and unpaid interest or other charges (including any contractual prepayment premiums, penalties or similar charges resulting from the transactions contemplated hereby or the discharge of such obligations) with respect to any of the foregoing, and (ix) all costs or expenses incurred by the Company in connection with the transactions contemplated hereby, including legal fees and disbursements, and any other payments to any broker, finders, agents or similar intermediary, which have not been paid on or before the Closing, to the extent that the Company at the Effective Time does not have on hand cash or cash equivalents in an amount sufficient to pay such costs and expenses. Injunction shall have the meaning given to it in Section 7.1.
Examples of Indebtedness for Borrowed in a sentence
For purposes of this Agreement, “Equity Security” shall mean any stock or similar security of an issuer or any security (whether stock or Indebtedness for Borrowed Money (as defined below)) convertible, with or without consideration, into any stock or other equity security, or any security (whether stock or Indebtedness for Borrowed Money) carrying any warrant or right to subscribe to or purchase any stock or similar security, or any such warrant or right.
Subject to any statute or regulation which regulates the incurrence of any Indebtedness for Borrowed Money, including, without limitation, statutes or regulations relative to common or interstate carriers or to the sale of electricity, gas, steam, water, telephone, telegraph or other public utility services.
The Company is not in default in the payment of the principal of or interest or premium on any such Indebtedness for Borrowed Money, and no event has occurred or is continuing under the provisions of any instrument, document or agreement evidencing or relating to any such Indebtedness for Borrowed Money which with the lapse of time or the giving of notice, or both, would constitute an event of default thereunder.
The Company has no Indebtedness for Borrowed Money, except as otherwise set forth in this Agreement or disclosed on the Balance Sheet.
Schedule 6.11 attached hereto correctly describes all Indebtedness for Borrowed Money of the Borrower and its Subsidiaries outstanding as of the date hereof.
More Definitions of Indebtedness for Borrowed
Indebtedness for Borrowed. Money 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: (i) borrowed money, (ii) amounts raised under or liabilities in respect of any note purchase or acceptance credit facility, (iii) the unreimbursed amount of all drafts drawn under letters of credit issued for the account of such Person and the undrawn stated amount of all letters of credit issued for the account of such Person, or (iv) obligations with respect to capitalized leases. Notwithstanding the foregoing, in the determination of the Leverage Ratio and the Senior Secured Leverage Ratio, Indebtedness for Borrowed Money shall exclude the Letter of Credit issued by PNC Bank, as the Issuing Bank, in support of that certain letter of credit issued by the National Australia Bank (or any successor issuing bank in Australia) on behalf of Koppers Australia.”
Indebtedness for Borrowed. Money" in Section 1.01 of the Credit Agreement is hereby amended by deleting clause (a) in such definition in its entirety and inserting the following new clause (a) in replacement thereof:
Indebtedness for Borrowed. Money shall mean (a) all Indebtedness of the Company and its Subsidiaries for borrowed money, whether current or funded, or secured or unsecured, (b) all Indebtedness of the Company and its Subsidiaries for the deferred purchase price of property or services represented by a note or other security, (c) all Indebtedness of the Company and its Subsidiaries created or arising under any conditional sale or other title retention agreement with respect to property acquired by the Company or any of its Subsidiaries (even though the rights and remedies of the seller or lender under such agreement in the event of default are limited to repossession or sale of such property), (d) all Indebtedness of the Company and its Subsidiaries secured by a purchase money mortgage or other lien to secure all or part of the purchase price of property subject to such mortgage or lien, (e) all obligations under leases which shall have been or should be, in accordance with Generally Accepted Accounting Principles, recorded as capital leases in respect of which the Company or any of its Subsidiaries are liable as lessee, (f) any liability of the Company or any of its Subsidiaries in respect of banker's acceptances or letters of credit, (g) all interest, fees and other expenses owed with respect to indebtedness described in the foregoing clause (a), (b), (c), (d), (e) or (f) above, and (h) all Indebtedness referred to in clause (a), (b), (c), (d), (e), (f) or (g) above which is directly or indirectly guaranteed by the Company or any of its Subsidiaries, or which the Company or any of its Subsidiaries has agreed (contingently or otherwise) to purchase or otherwise acquire, or in respect of which the Company or any of its Subsidiaries has otherwise assured a creditor against loss.
Indebtedness for Borrowed. Money 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: (i) borrowed money, (ii) amounts raised under or liabilities in respect of any note purchase or acceptance credit facility, (iii) the unreimbursed amount of all drafts drawn under letters of credit issued for the account of such Person and the undrawn stated amount of all letters of credit issued for the account of such Person, or (iv) obligations with respect to capitalized leases. Ineligible Security shall mean any security which may not be underwritten or dealt in by member banks of the Federal Reserve System under Section 16 of the Banking Act of 1933 (12 U.S.C. Section 24, Seventh), as amended.
Indebtedness for Borrowed. Money 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: (i) borrowed money, (ii) amounts raised under or liabilities in respect of any note purchase or acceptance credit facility, (iii) the unreimbursed amount of all drafts drawn under letters of credit issued for the account of such Person and the undrawn stated amount of all letters of credit issued for the account of such Person, or (iv) obligations with respect to capitalized leases. Indemnified Taxes shall mean Taxes other than Excluded Taxes. Indemnitee shall have the meaning specified in Section 11.3.2 [Indemnification by the Borrower]. Indemnity shall mean the Indemnity Agreement in the form of Exhibit 1.1(I)(1) relating to possible environmental liabilities associated with any of the owned or leased real property of the Loan Parties (other than Hallador) or their Subsidiaries. Information shall mean all information received from the Loan Parties or any of their Subsidiaries relating to the Loan Parties or any of such Subsidiaries or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or the Issuing Lender on a non-confidential basis prior to disclosure by the Loan Parties or any of their Subsidiaries. Insolvency Proceeding shall mean, with respect to any Person, (a) a case, action or proceeding with respect to such Person (i) before any court or any other Official Body under any bankruptcy, insolvency, reorganization or other similar Law now or hereafter in effect, or (ii) for the appointment of a receiver, liquidator, assignee, custodian, trustee, sequestrator, conservator (or similar official) of any Loan Party or otherwise relating to the liquidation, dissolution, winding-up or relief of such Person, or (b) any general assignment for the benefit of creditors, composition, marshaling of assets for creditors, or other, similar arrangement in respect of such Person's creditors generally or any substantial portion of its creditors; undertaken under any Law. Intercompany Subordination Agreement shall mean a Subordination Agreement among the Loan Parties in the form attached hereto as Exhibit 1.1(I)(2). Interest Period shall mean the period of time selected by the Borrower in connection with (and to apply to) any election per...
Indebtedness for Borrowed. Money shall mean, as to any Person, without duplication, (i) all obligations of such Person for borrowed money, (ii) all obligations of such Person evidenced by bonds, debentures, notes or other similar instruments, (iii) all obligations of such Person to pay the deferred purchase price of property or services, except trade accounts payable arising in the ordinary course of business, (iv) all obligations of such Person as lessee under equipment leases and (v) any of the foregoing guaranteed by such Person. Indebtedness of a Corporation with respect to Letters of Credit issued for the benefit of any of them and described on Schedule 4.26 hereto shall not be deemed to be Indebtedness for Borrowed Money provided each such Letter of Credit has been issued in the ordinary course of the Corporation's business, consistent with past practices. Independent Accountant as defined in Section 6.2(iv). Insider as defined in Section 4.24. Know-how shall mean specialized knowledge which is proprietary to one or more Corporations (including product knowledge and use and application knowledge), formulae, product formulations, processes, product designs, specifications, quality control, procedures, manufacturing, engineering and other drawings, computer data bases and software, technology, other intangibles, technical information, safety information, engineering data and design and engineering specifications, research records, market surveys and all promotional literature, customer and supplier lists and similar data. Letter of Intent as defined in Section 1.6. Liability as defined in Section 4.9. License Agreements as defined in Section 4.15(a) Losses as defined in Section 10.2(a). Material Adverse Effect as defined in Section 4.6(a). Material Contract as defined in Section 4.17(b). Patents shall mean patents (including all reissues, reexaminations, divisions, continuations in part and extensions thereof), utility models, patent applications and disclosures docketed and patent continuations. Person shall mean an individual, corporation, limited liability company, partnership, joint venture, association, trust, unincorporated organization or, as applicable, any other entity. Personal Property Leases as defined in Section 4.12(b). Plan as defined in Section 4.19(a). Protected Information as defined in Section 12.5. Real Estate as defined in Section 4.10(b). Real Estate Leases as defined in Section 4.10(b). Rental Real Estate as defined in Section 4.10(b). Returns as defined i...
Indebtedness for Borrowed. Money: without duplication, all Indebtedness ------------------------------- (i) in respect of money borrowed, (ii) evidenced by a note, debenture or other like written obligation to pay money (including, without limitation, all of Borrowers' Obligations, the AEI Indebtedness, the Orix Indebtedness, the MetLife Indebtedness, the Captec Indebtedness, the Bonnyville Indebtedness, the GE Indebtedness and Purchase Money/Capitalized Lease Indebtedness), (iii) in respect of rent or hire of Property under Capitalized Leases or for the deferred purchase price of Property, (iv) in respect of obligations under conditional sales or other title retention agreements, and (v) all guaranties of any or all of the foregoing. Indebtedness to be Refinanced: all Indebtedness for Borrowed Money ----------------------------- owed by any Borrower immediately prior to the Closing not permitted to exist as of the Closing Date under Section 7.1. Instruments: collectively, the Loan Instruments, the Equity ----------- Instruments, the Quad-C Investment Instruments, the Xxxxxx Group Merger Instruments, the Xxxxxx Employment Instruments, the Quad-C Consulting Agreement and the Leases.