New Capital definition

New Capital means the aggregate gross amount of proceeds from any capital (whether in the form of debt, equity or otherwise) raised by the Borrower or any of its Subsidiaries in one or a series of financings after January 1, 2021 (including (i) amounts borrowed (that were previously undrawn) under committed term loan facilities existing as of such date and (ii) indebtedness borrowed in lieu of the committed term loan facilities described in the foregoing clause (i) if the incurrence of such indebtedness results in a reduction or termination of such commitments); provided that proceeds of any capital raise which are used substantially concurrently for (i) the purchase price of a new Vessel or (ii) repayment of existing Indebtedness (other than Indebtedness (x) maturing no later than the end of the first full calendar year following the date of such repayment or (y) under any revolving credit agreement the repayment of which is not accompanied by a corresponding permanent reduction in the related revolving credit commitments), in each case, shall not constitute New Capital.

New Capital means securities or other investments qualifying as Tier 1 capital under the regulations of the Federal Reserve Board issued or made after December 31, 2008, including subordinated debt and trust preferred equity qualifying as Tier 1 capital so long as the maturity date (or earliest mandatory redemption or repurchase date) of such subordinated debt and trust preferred equity is no earlier than the date that is 6 months after the latest maturity date of any then outstanding New Guaranteed Notes.

New Capital shall have the meaning set forth in Section 2.8(a).

Examples of New Capital in a sentence

• The Company acknowledges that Rothschild & Co may at its option and expense, after public announcement of a Transaction or New Capital Raise, place announcements and advertisements or otherwise publicize the Transaction or New Capital Raise in such financial and other newspapers and journals as it may choose, stating that Rothschild & Co acted as financial advisor to the Company in connection with such transaction.

• In connection with a Transaction or New Capital Raise that is not publicly disclosed, the form of each of the foregoing items shall be subject to the Company’s review and consent (to be given once for each such form of item or substantially similar forms of item), which consent shall not be unreasonably withheld.

• If, however, New Capital Securities are to be delivered to, or are to be issued in the name of, any person other than the registered holder of the Old Capital Securities tendered, or if a transfer tax is imposed for any reason other than the exchange of Old Capital Securities in connection with the Exchange Offer, then the amount of any such transfer tax (whether imposed on the registered holder or any other persons) will be payable by the tendering holder.

• If New Capital Securities are to be issued in the name of a person other than the signer of this Letter of Transmittal, or if New Capital Securities are to be sent to someone other than the signer of this Letter of Transmittal or to an address other than that shown above, the appropriate boxes on this Letter of Transmittal should be completed.

• In line with the RBI guidelines for implementing the New Capital Adequacy Framework under Basel III, the Bank has successfully migrated to the framework from April 1, 2013.

More Definitions of New Capital

New Capital shall have the meaning specified in the Preamble.

New Capital means the gross amount of proceeds from any capital (whether in the form of debt, equity or otherwise) raised by the Borrower or any of its Subsidiaries after the First Waiver Extension Date; provided that proceeds of any capital raise which are used substantially concurrently for (i) the purchase price of a new Vessel or (ii) repayment of existing Indebtedness (other than Indebtedness (x) maturing within one year of the date of such repayment or (y) under any revolving credit agreement the repayment of which is not accompanied by a corresponding permanent reduction in the related revolving credit commitments), in each case, shall not constitute New Capital.

New Capital means all capital raised by the Borrower or any of its Affiliates in connection with the consummation of the MobileMedia Transactions, including, without limitation, (A) the Additional Tranche C Loans, (B) the proceeds of any debt offering (including the New Arch Notes), and (C) the proceeds of any equity issuance (other than the rights offering contemplated by the MobileMedia Merger Documents in the anticipated amount of $217,000,000).

New Capital means New Equity and New Strategic Capital.

New Capital means the proceeds from the sale of the New Common Stock.

New Capital means any and all financing, whether debt or equity, including borrowings by the Company, guaranties and other recourse financial obligations, other than credit lines available from time to time (other than any credit lines or amendments obtained with respect to such specific New Business).

New Capital means the additional capital contributions to be made by the New Capital Providers on or before the Effective Date in the aggregate amount of up to $80 million in exchange for New Common Stock, New Preferred Stock and New Subordinated Notes on substantially the terms and conditions described on Exhibit I.A.63A.