Net Indebtedness Proceeds definition

Net Indebtedness Proceeds means the Cash proceeds (net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expenses) from the incurrence of Indebtedness by any Loan Party, other than Indebtedness permitted pursuant to Section 6.1.

Net Indebtedness Proceeds means the cash proceeds (net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith (including reasonable legal fees and expenses)) from the incurrence of Indebtedness by Company or any of its Subsidiaries.

Net Indebtedness Proceeds means, with respect to the incurrence by any Obligor of Indebtedness for borrowed money (other than any Indebtedness incurred pursuant to clause (a), clause (b)(ii) or clauses (c) through (r) of Section 10.2), the excess of:

Examples of Net Indebtedness Proceeds in a sentence

• On the date of receipt of the Net Indebtedness Proceeds from the issuance of any Indebtedness of Company or any of its Subsidiaries after the Closing Date, other than Indebtedness permitted pursuant to subsections 7.1(i) through (xvi), Company shall make a Mandatory Payment in an aggregate amount equal to such Net Indebtedness Proceeds.

• On the date of receipt of the Net Indebtedness Proceeds from the issuance of any Indebtedness of Company or any of its Subsidiaries after the Closing Date, other than Indebtedness permitted pursuant to subsections 6.1(i) through (vii), Company shall make a Mandatory Payment in an aggregate amount equal to such Net Indebtedness Proceeds.

• Concurrently with any prepayment of the Term Loans pursuant to subsections 2.4B(iii)(a)-(d), Company shall deliver to Administrative Agent an Officer’s Certificate demonstrating the calculation of the amount of the applicable Net Asset Sale Proceeds, Net Insurance/Condemnation Proceeds, Net Indebtedness Proceeds or Consolidated Excess Cash Flow, as the case may be, that gave rise to such prepayment.

• Immediately following the receipt by any Obligor of any Net Indebtedness Proceeds, the Borrowers shall make a mandatory prepayment of the Loans in an amount equal to 100% of such Net Indebtedness Proceeds.

• Concurrently with any prepayment of the Loans pursuant to Section 2.4(b)(iii)(A)-(E), Company shall deliver to Administrative Agent an Officer’s Certificate demonstrating the calculation of the amount of the applicable Net Asset Sale Proceeds, Net Insurance/Condemnation Proceeds, Net Indebtedness Proceeds, or Consolidated Excess Cash Flow, as the case may be, that gave rise to such prepayment and/or reduction.

More Definitions of Net Indebtedness Proceeds

Net Indebtedness Proceeds has the meaning assigned to that term in subsection 2.4B(iii)(c).

Net Indebtedness Proceeds means the proceeds of any Indebtedness incurred by the Debtor after the Petition Date (other than pursuant to this Agreement) minus if, at the time of payment thereof and after giving thereto, (i) the Debtor is in pro forma compliance with the provisions of Section 6.2, (ii) any such payment is permitted to be made at such time in accordance with the Budget and (iii) no Default or Event of Default shall have occurred and be continuing or would result therefrom, reasonable, customary and documented out-of-pocket attorneys’ fees, accountants’ fees, and other reasonable customary and documented fees and expenses actually incurred in connection with the issuance of such Indebtedness.

Net Indebtedness Proceeds means, in respect of the incurrence of any Indebtedness (other than Debt Securities, Refinancing Indebtedness, or proceeds of Indebtedness permitted pursuant to Section 7.01) by Borrower, the REIT or any of their respective Subsidiaries, the proceeds received in Cash or Cash Equivalents by Borrower, the REIT or any of their respective Subsidiaries upon or substantially simultaneously with such incurrence, net of (a) the direct costs of such Indebtedness then payable by the recipient of such proceeds (excluding amounts payable to Borrower, the REIT or any Affiliate of Borrower or the REIT) and (b) fees, underwriting discounts, premiums, unpaid accrued interest and other costs and expenses incurred in connection with such.

Net Indebtedness Proceeds means, in respect of the incurrence of any Indebtedness (other than Debt Securities, Refinancing Indebtedness, or proceeds of Indebtedness permitted pursuant to Section 7.01) by Borrowers or any of their respective Subsidiaries, the proceeds received in Cash or Cash Equivalents by Borrowers or any of their respective Subsidiaries upon or substantially simultaneously with such incurrence, net of (a) the direct costs of such Indebtedness then payable by the recipient of such proceeds (excluding amounts payable to Borrowers or any Affiliate of Borrowers) and (b) fees, underwriting discounts, premiums, unpaid accrued interest and other costs and expenses incurred in connection with such.

Net Indebtedness Proceeds means, in respect of the incurrence of any Indebtedness (other than Debt Securities, Refinancing Indebtedness, or proceeds of Indebtedness permitted pursuant to Section 7.01) by Borrowers or any of their respective Subsidiaries, the proceeds received in Cash or Cash Equivalents by Borrowers or any of their respective Subsidiaries upon or substantially simultaneously with such incurrence (which, in the case of non-wholly owned Persons, shall be limited to the Borrowers', the Guarantors' or any of their Subsidiaries' respective pro-rata share of such Indebtedness proceeds), net of (a) the direct costs of such Indebtedness then payable by the recipient of such proceeds (excluding amounts payable to Borrowers or any Affiliate of Borrowers) and (b) fees, underwriting discounts, premiums, unpaid accrued interest and other costs and expenses incurred in connection with such.

Net Indebtedness Proceeds means, with respect to any incurrence of Indebtedness (other than Indebtedness permitted hereunder) by the Note Parties or any of their Subsidiaries, an amount equal to: (a) the sum of gross proceeds received by the Parent, the Issuer or any of its Subsidiaries from such Indebtedness, minus (b) any bona fide costs and expenses (including, without limitation, legal fees) incurred in connection with such incurrence, minus (c) payments applied towards amounts outstanding under the RBL Loan Documents to (i) eliminate any Borrowing Base Deficiency, in an amount equal to such Borrowing Base Deficiency (and, for avoidance of doubt, the Aggregate Elected Commitment Amount shall be reduced to equal the new Borrowing Base pursuant to Section 7.14(b)) or (ii) pay other amounts due under the RBL Loan Documents in respect of the RBL Secured Obligations, in each case, as a result of such incurrence, so long as: (A) for purposes of this clause (c)(ii), prior to or substantially concurrently with such payment, the Issuer shall reduce the Aggregate Elected Commitment Amount under the RBL Credit Agreement by an amount at least equal to the amount of such payment (net of interest being paid in connection with principal repayments of RBL Loans with such payment) (it being understood and agreed that such reduction shall be without duplication of the amount of any reduction in the Aggregate Elected Commitment Amount occurring in connection with the incurrence giving rise to such prepayment requirement) and (B) for purposes of this clause (c), prior to or substantially concurrently with such payment, the Issuer shall provide to the Agent (for delivery to the Holders) and EOC a certificate from a Responsible Officer of the Parent certifying the amount of such prepayments and that the requirements of the foregoing clause (A) (to the extent applicable) have been or will substantially concurrently with the delivery thereof be satisfied.

Net Indebtedness Proceeds in Section 1.1 of the Credit Agreement is hereby amended by deleting the parenthetical “(other than any Indebtedness incurrent pursuant to Section 10.2)” and replacing it with the parenthetical “(other than any Indebtedness incurrent pursuant to clause (a), clause (b)(ii) or clauses (c) through (r) of Section 10.2)”.