Maximum Fixed Repurchase Price means, with respect to any Disqualified Stock or Preferred Stock, (i) the fixed repurchase price for such Disqualified Stock or Preferred Stock as set forth in the certificate of designation or other governing constituent documentation for such Disqualified Stock or Preferred Stock or (ii) if such Disqualified Stock or Preferred Stock does not have a fixed repurchase price, the repurchase price calculated in accordance with the terms of such Disqualified Stock or Preferred Stock as if such Disqualified Stock or Preferred Stock were purchased on any date on which Consolidated Funded Indebtedness shall be required to be determined pursuant to this Agreement, and if such price is based upon, or measured by, the fair market value of such Disqualified Stock or Preferred Stock, such fair market value shall be determined reasonably and in good faith by the Borrower.
Maximum Fixed Repurchase Price means, with respect to any Disqualified Stock or Preferred Stock, the liquidation preference or, if any such Disqualified Stock or Preferred Stock does not have a fixed repurchase price, the amount as calculated in accordance with the terms of such Disqualified Stock or Preferred Stock as if such Disqualified Stock or Preferred Stock were purchased on any date on which Indebtedness is required to be determined pursuant to this Indenture, and if such price is based upon, or measured by, the fair market value of such Disqualified Stock or Preferred Stock, such fair market value shall be determined reasonably and in good faith by the Issuer or any direct or indirect parent of the Issuer.
Maximum Fixed Repurchase Price of any Disqualified Stock or preferred stock means the price at which such Disqualified Stock or preferred stock could be redeemed or repurchased by the issuer thereof in accordance with its terms or, if such Disqualified Stock or preferred stock cannot be so redeemed or repurchased, the Fair Market Value of such Disqualified Stock or preferred stock, in each case, determined on any date on which Consolidated Total Indebtedness shall be required to be determined.
More Definitions of Maximum Fixed Repurchase Price
Maximum Fixed Repurchase Price of any Disqualified Stock or Preferred Stock that does not have a fixed repurchase price means that such Maximum Fixed Repurchase Price shall be calculated in accordance with the terms of such Disqualified Stock or Preferred Stock as if such Disqualified Stock or Preferred Stock were purchased on any date on which Consolidated Funded Indebtedness shall be required to be determined pursuant to this Agreement, and if such price is based upon, or measured by, the fair market value of such Disqualified Stock or Preferred Stock, such fair market value shall be determined reasonably and in good faith by the Borrower.
Maximum Fixed Repurchase Price means with respect to any Designated Preferred Stock that does not have a fixed repurchase price, an amount calculated in accordance with the terms of such Designated Preferred Stock as if such Designated Preferred Stock were purchased on any date on which the Total Net Leverage Ratio shall be required to be determined pursuant to this Agreement, and if such price is based upon, or measured by, the fair market value of such Designated Preferred Stock, such fair market value shall be determined reasonably and in good faith by Holdings.
Maximum Fixed Repurchase Price means, with respect to any Disqualified Stock or Preferred Stock that does not have a fixed repurchase price, an amount calculated in accordance with the terms of such Disqualified Stock or Preferred Stock as if such Disqualified Stock or Preferred Stock were purchased on any date on which Consolidated Total Indebtedness shall be required to be determined pursuant to this Indenture, and if such price is based upon, or measured by, the fair market value of such Disqualified Stock or Preferred Stock, such fair market value shall be determined reasonably and in good faith by the Issuer.
Maximum Fixed Repurchase Price has the meaning assigned to it in the definition of “Consolidated Total Indebtedness.”
Maximum Fixed Repurchase Price. 1.04(h)(ii) “Noteholder Direction” 6.01 “Notice of Default” 6.01 “Offer Amount” 3.09(b) “Offer Period” 3.09(b) “Original Securities” Preamble “Other Guarantor” 11.02(b)(iv) “Paying Agent” 2.04(a) “Permitted Debt” 4.03(b) “Position Representation” 6.01 “primary obligations” 1.01 “primary obligor” 1.01 “protected purchaser” 2.08
Maximum Fixed Repurchase Price. 1.04(h)(ii) “Noteholder Direction” 6.01 “Notice of Default” 6.01 “Offer Amount” 3.09(b) “Offer Period” 3.09(b) “Original Securities” Preamble “Other Guarantor” 11.02(b)(iv) “Paying Agent” 2.04(a) “Permitted Debt” 4.03(b) “Position Representation” 6.01 “primary obligations” 1.01 “primary obligor” 1.01 “protected purchaser” 2.08 “Purchase Date” 3.09(b)
Maximum Fixed Repurchase Price of any Disqualified Stock or Preferred Stock that does not have a fixed repurchase price shall be calculated in accordance with the terms of such Disqualified Stock or Preferred Stock as if such Disqualified Stock or Pre- ferred Stock were purchased on any date on which Consolidated Total Indebtedness shall be required to be determined pursuant to this Agreement, and if such price is based upon, or measured by, the fair market value of such Disqualified Stock or Preferred Stock, such fair market value shall be determined reasonably and in good faith by the U.S. Borrower. “Consolidated Working Capital” means, at any date, the excess of (a) the sum of all amounts (other than cash and Cash Equivalents) that would, in conformity with GAAP, be set forth opposite the caption “total current assets” (or any like caption) on a consolidated balance sheet of the U.S. Borrower and its Restricted Subsidiaries at such date over (b) the sum of all amounts that would, in conformity with GAAP, be set forth opposite the caption “total current liabilities” (or any like caption) on a consolidated balance sheet of the U.S. Borrower and its Restricted Subsidiaries on such date, including deferred revenue but excluding, without duplication, (i) the current portion of any Funded Debt, (ii) the current portion of accrued interest and (iii) the current portion of current and deferred income taxes; provided that for the purposes of calculating increases or de- creases of Consolidated Working Capital in the definition of Excess Cash Flow, any changes in current assets or current liabilities shall be excluded to the extent arising as a result of (x) the effect of fluctuations in the amount of recognized assets or liabilities un- der Hedge Agreements, (y) any reclassification of assets or liabilities between current and noncurrent in accordance with GAAP (other than as a result of the passage of time) and (z) the effects of acquisition method accounting. “Contingent Obligations” means, with respect to any Person, any obliga- tion of such Person guaranteeing any leases, dividends or other obligations that do not constitute Indebtedness (the “primary obligations”) of any other Person (the “primary ob- ligor”) in any manner, whether directly or indirectly, including any obligation of such Person, whether or not contingent, (a) to purchase any such primary obligation or any property constituting direct or indirect security therefor, (b) to advance or supply funds (i) for the purchase or pa...