LCA Test Date definition

LCA Test Date has the meaning specified in Section 1.03(e).

LCA Test Date as defined in Subsection 1.2(i).

LCA Test Date as defined in Section 1.4(f).

Examples of LCA Test Date in a sentence

• For the avoidance of doubt, if the Borrower has made an LCA Election and any of the ratios or “baskets” for which compliance was determined or tested as of the LCA Test Date are subsequently exceeded as a result of fluctuations in any such ratio or “basket” (including due to fluctuations of the target of any Limited Condition Acquisition) at or prior to the consummation of the relevant transaction or action, such “baskets” or ratios will not be deemed to have been exceeded as a result of such fluctuations.

• For the avoidance of doubt, if the Borrower has exercised the LCA Election, and any Default or Event of Default occurs following the LCA Test Date and prior to the consummation of such Limited Condition Acquisition, any such Default or Event of Default shall be deemed to not have occurred or be continuing for purposes of determining whether any action being taken in connection with such Limited Condition Acquisition is permitted hereunder.

• The Borrower shall make the LCA Election as of or prior to the LCA Test Date.

• If the Parent Borrower has exercised its option under this Section 1.13 and any Event of Default or Default occurs following the LCA Test Date and prior to the consummation of the applicable transaction, any such Event of Default or Default shall be deemed to not have occurred or be continuing for purposes of determining whether any action being taken in connection with such Limited Condition Acquisition is permitted hereunder.

• For the avoidance of doubt, if the Company has made an LCA Election and any of such ratios or baskets for which compliance was determined or tested as of the LCA Test Date are exceeded as a result of fluctuations in such ratio or basket (including due to fluctuations of the target of any Limited Condition Acquisition), at or prior to the consummation of the relevant Limited Condition Acquisition, such ratios or basket will not be deemed to have been exceeded as a result of such fluctuations.

More Definitions of LCA Test Date

LCA Test Date means the date on which the definitive agreement for any such Limited Condition Acquisition is entered into.

LCA Test Date has the meaning given such term in Section 1.11 of this Agreement.

LCA Test Date means, in respect of an acquisition (or similar Investment), the date on which the definitive agreement for any such Limited Condition Transaction is entered into or, in respect of repayment, redemption of or offer to purchase of Indebtedness, the date that the Borrower provides notice to holders of such Indebtedness of such repayment, redemption or offer to purchase.

LCA Test Date means, with respect to any Limited Condition Acquisition, the date on which the definitive documentation with respect to such Limited Condition Acquisition is entered into.

LCA Test Date has the meaning assigned thereto in Section 1.10(a). “Lenders” means the Persons listed on Schedule 2.01 and any other Person that shall have become a party hereto pursuant to an Assignment and Assumption or an Incremental Amendment, other than any such Person that ceases to be a party hereto pursuant to an Assignment and Assumption. Unless the context otherwise requires, the term “Lenders” includes the Swingline Lender. “Lending Office” means, with respect to any Lender, the office of such Lender maintaining such Lender’s extensions of credit under this Agreement, which office may, to the extent the applicable Lender notifies the Administrative Agent in writing, include an office of any Affiliate of such Lender or any domestic or foreign branch of such Lender or Affiliate. “Letter of Credit” means any letter of credit issued pursuant to this Agreement, in each case, other than any such Letter of Credit that shall have ceased to be a Letter of Credit outstanding hereunder pursuant to Section 9.05. “Letter of Credit Application” means an application and agreement for the issuance or amendment of a Letter of Credit in the form from time to time in use by the applicable Issuing Bank. “Lien” means any mortgage, pledge, deed of trust, hypothecation, assignment, deposit arrangement, encumbrance, lien (statutory or other), charge, or preference, priority or other security interest or preferential arrangement in the nature of a security interest of any kind or nature whatsoever (including any conditional sale or other title retention agreement, any easement, right of way or other encumbrance on title to real property, and any financing lease having substantially the same economic effect as any of the foregoing). “Limited Condition Acquisition” means any Acquisition or Investment that (a) is not prohibited hereunder and (b) is not conditioned on the availability of, or on obtaining, third-party financing. “Loan Document Obligations” means (a) the due and punctual payment by the Borrowers of (i) the principal of and premium, if any, and interest (including interest accruing, at the rate specified herein, during the pendency of any proceeding under any Debtor Relief Law, regardless of whether allowed or allowable in such proceeding) on all Loans, when and as due, whether at maturity, by acceleration, upon one or more dates set for prepayment or otherwise, and (ii) each payment required to be made by any Borrower under any Loan Document in respect of any Letter of Cre...

LCA Test Date is defined in Section 4.4 hereof. “Lenders” means and includes the financial institutions from time to time party to this Agreement, including each assignee Lender pursuant to Section 12.12 hereof and each Lender that becomes a party hereto pursuant to Section 1.15 hereto and, unless the context otherwise requires, the Swingline Lender. “Lending Office” is defined in Section 9.4 hereof. “Letter of Credit” is defined in Section 1.3(a) hereof. “Letter of Credit Commitment” means, as to any L/C Issuer at any time, (a) the amount set forth opposite such L/C Issuer’s name on Schedule 1 under the caption “Letter of Credit Commitment” or (b) for any other L/C Issuer becoming an L/C Issuer after the Closing Date, such amount as separately agreed to in a written agreement between the Parent and such L/C Issuer (which such agreement shall be promptly delivered to the Administrative Agent upon execution), in each case of clauses (a) and (b) above, any such amount may be changed after the Closing Date in a written agreement between the Parent and such L/C Issuer (which such agreement shall be promptly delivered to the Administrative Agent upon execution), as such amount may be adjusted from time to time in accordance with this Agreement; provided that the Letter of Credit Commitment with respect to any Person that ceases to be an L/C Issuer for any reason pursuant to the terms hereof shall be $0 (subject to the Letters of Credit of such Person remaining outstanding in accordance with the provisions hereof). “Level I” exists at any date if, at such date, the Cash Flow Leverage Ratio is less than 1.00 to 1.00. “Level II” exists at any date if, at such date, Level I does not exist and the Cash Flow Leverage Ratio is less than 1.50 to 1.00. “Level III” exists at any date if, at such date, neither Level I nor Level II exists and the Cash Flow Leverage Ratio is less than 2.50 to 1.00. “Level IV” exists at any date if, at such date, neither Level I, Level II nor Level III exists and the Cash Flow Leverage Ratio is less than 3.50 to 1.00. “Level V” exists at any date if, at such date, none of Level I, Level II, Level III or Level IV exists. “LIBOR” is defined in the definition of “Adjusted LIBOR” in this Section 4.1. “LIBO Rate” is defined in Section 4.6. “Lien” means any interest in Property securing an obligation owed to a Person other than the owner of the Property, whether such interest is based on the common law, statute or contract, including, but not limited to, the se...

LCA Test Date shall have the meaning assigned to such term in the definition of “Permitted Acquisition.”