Maximum Exchange Amount means the lesser of (i) the sum of the aggregate principal amount of Wilpinjong Term Loans and Wilpinjong Notes, (ii) the maximum amount of “Restricted Payments” (as defined in the Existing Indenture),
Maximum Exchange Amount means the least of (i) the sum of the aggregate principal amount of Priority Lien Notes outstanding at any time plus accrued and unpaid interest up to that time and the aggregate outstanding amount of Term Loans at any time plus accrued and unpaid interest up to that time, (ii) the maximum amount of Restricted Payments (as defined in the Peabody Existing Indenture), if any, that Peabody may be permitted under the Peabody Existing Indenture to utilize to exchange Indebtedness in the form of Peabody Exchange Term Loans pursuant to the Wilpinjong Mandatory Offer and for the requirement to offer to exchange Priority Lien Notes into Peabody 2024 Notes pursuant to the Priority Lien Indenture, in each case as of any date of determination, (iii) to the extent the Wilpinjong Mandatory Offer may result in any Lien (as defined in the Peabody Existing Indenture), the maximum amount of Permitted Liens (as defined in the Peabody Existing Indenture) that may take the form of any such Lien and (iv) the maximum amount of Investments (as defined in the Existing Credit Agreement), if any, that Peabody may be permitted under the Peabody Existing Indenture to utilize to exchange Indebtedness in the form of Peabody Exchange Term Loans pursuant to the Wilpinjong Mandatory Offer and for the requirement to offer to exchange Priority Lien Notes into Peabody 2024 Notes pursuant to the Priority Lien Indenture, in each case as of any date of determination.
Maximum Exchange Amount means, at any time with respect to Games or Software, as the case may be, 33.33% of the number of such entity's Common Shares issued and outstanding at such time.
Examples of Maximum Exchange Amount in a sentence
Any Class A Exchange under this Section 8.04 must be with respect to a number of Class A Units at least equal to the Maximum Exchange Amount.
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In addition to the limitations set forth in Section 9.3, prior to July 30, 2003, the Borrower shall not effect any exchange of Convertible Notes other than pursuant to Permitted Exchanges for up to the Maximum Exchange Amount of Convertible Notes.
Because the aggregate principal amount of Old Notes validly tendered as of the Expiration Date would, if accepted for exchange, cause the Maximum Exchange Amount to be exceeded, pursuant to the terms of the Exchange Offer, tenders of 2022 Notes will be accepted on a pro rata basis, subject to a proration factor of approximately 13%.
Subject to applicable law, the Offerors reserve the right, but are not obligated, to increase or decrease the Maximum Exchange Amount.
More Definitions of Maximum Exchange Amount
Maximum Exchange Amount means, at any time with respect to Games or Software, as the case may be, 33.33% of the number of such entity’s Common Shares issued and outstanding at such time.
Maximum Exchange Amount means the maximum amount of funded Prepetition Credit Agreement Claims that a particular Holder of Prepetition Credit Agreement Claims can convert into loans under the New Second Lien Term Loan, which shall be equal to $166,250,000 multiplied by the amount of such Holder’s funded Prepetition Credit Agreement Claims divided by the aggregate amount of all funded Prepetition Credit Agreement Claims, with such calculation determined as of (a) with respect to Consenting Lenders, the date such Consenting Lender executed its signature page to the Lee Support Agreement or Lender Joinder, as applicable, or (b) with respect to Holders of funded Prepetition Credit Agreement Claims that are not Consenting Lenders, the date such Holder executed and delivered its Ballot; provided, however, that the Maximum Exchange Amount shall not apply to the funded Prepetition Credit Agreement Claims converted by the Backstop Lenders into loans under the New Second Lien Term Loan.
Maximum Exchange Amount has the meaning set forth in Section 2.1.
Maximum Exchange Amount means the lesser of (i) the sum of the aggregate principal amount of Wilpinjong Term Loans and Wilpinjong Notes, (ii) the maximum amount of “Restricted Payments” (as defined in the Existing Indenture),if any, that PEC may be permitted to utilize for purposes of issuing 2024 Notes and RemainCo Term Loans, (iii) to the extent the Peabody Exchange Option may result in any Lien (as defined in the Existing Indenture), the maximum amount of Permitted Liens (as defined in the Existing Indenture) that may take the form of any such Lien and (iv) the maximum amount of “Investments” (as defined in the Existing Credit Agreement), if any, that PEC may be permitted to utilize for purposes of issuing 2024 Notes and RemainCo Term Loans, in each case as of any date of determination.
Maximum Exchange Amount means the aggregate principal amount of Convertible Notes equal to $19,350,000 LESS the aggregate principal amount of Convertible Notes exchanged from time to time pursuant to any Permitted Exchanges occurring after the date hereof which do not violate Section 9.4 herein.
Maximum Exchange Amount means the least of (i) the sum of the aggregate principal amount outstanding at any time and accrued and unpaid interest up to that time of Wilpinjong Term Loans and Wilpinjong Notes, (ii) the maximum amount of “Restricted Payments” (as defined in the Existing Indenture), if any, that PEC may be permitted to utilize for purposes of issuing 2024 Notes and RemainCo Term Loans,
Maximum Exchange Amount means the maximum number of Topco Ordinary Shares issuable in the Exchange, assuming all Purchased Shares are exchanged.