New Class Loans shall have the meaning assigned to such term in Section 9.08(f).
New Class Loans shall have the meaning assigned to such term in Section 9.08(f). “New Parent” shall mean any person so long as such person directly or indirectly holds 100% of the total voting power of the Equity Interests of the Borrower, and at the time such person acquired such voting power, no person, entity or “group” (within the meaning of Section 13(d) or 14(d) of the Exchange Act, but excluding any employee benefit plan of such person, entity or “group” and its subsidiaries and any person or entity acting in its capacity as trustee, agent or other fiduciary or administrator of any such plan), other than the Permitted Holders (or any holding company parent of the Borrower owned directly or indirectly by the Permitted Holders), shall at any time have acquired direct or indirect beneficial ownership (as defined in Rules 13(d)-3 and 13(d)-5 under the Exchange Act) of voting power of the outstanding Voting Stock of such person (or if such person is a wholly-owned subsidiary of Parent, Parent) having more than the greater of (x) 40% of the ordinary voting power for the election of directors of such person (or Parent, as applicable) and (y) the percentage of the total voting power of all of the outstanding voting stock of such person (or Parent, as applicable) owned directly or indirectly by the Permitted Holders. “New Project” shall mean (x) each location, plant, facility, branch, office or business unit which is either a new location, plant, facility, branch, office or business unit or an expansion, relocation, remodeling, refurbishment or substantial modernization of an existing location, plant, facility, branch, office or business unit owned by the Borrower or the Subsidiaries or the subsidiaries which in fact commences operations and (y) each creation (in one or a series of related transactions) of a business unit, product line or information technology offering to the extent such business unit commences operations or such product line or information technology is offered or each expansion (in one or a series of related transactions) of business into a new market or through a new distribution method or channel. “Non-Bank Tax Certificate” shall have the meaning assigned to such term in Section 2.17(f)(i). “Non-Consenting Lender” shall have the meaning assigned to such term in Section 2.19(c). “Non-Defaulting Lender” shall mean, at any time, each Lender that is not a Defaulting Lender at such time. “Note” shall have the meaning assigned to such term in Section 2.09(e)...
New Class Loans shall have the meaning assigned to such term in Section 9.08(f). “New Parent” shall have the meaning assigned to such term in the definition of the term “Change in Control”.
More Definitions of New Class Loans
New Class Loans has the meaning assigned to such term in Section 9.02(g). “Non-Consenting Lender” has the meaning assigned to such term in Section 9.02(c). “Non-Defaulting Lender” means, at any time, each Lender that is not a Defaulting Lender at such time. “Notes” means any promissory notes issued pursuant to Section 2.07(eg). “NYFRB” means the Federal Reserve Bank of New York. “NYFRB Rate” means, for any day, the greater of (a) the Federal Funds Effective Rate in effect on such day and (b) the Overnight Bank Funding Rate in effect on such day (or for any day that is not a Business D ay, f or t he i mmediately p receding B usiness D ay); provided t hat i f n one o f s uch r ates a re published for any day that is a Business Day, the term “NYFRB Rate” means the rate for a federal funds transaction quoted at 11:00 a.m. on such day received to the Administrative Agent from a Federal funds broker of recognized standing selected by it; provided, further, that if any of the aforesaid rates shall be less than zero, such rate shall be deemed to be zero for purposes of this Agreement. “Obligations” means (a) the due and punctual payment by the Borrower or the applicable Loan Parties of (i) the principal of and premium, if any, and interest (including premium and interest accruing during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding) on the Loans, when and as due, whether at maturity, by a cceleration, u pon o ne o r m ore d ates set for p repayment o r o therwise, a nd (ii) all other m onetary - 30-
New Class Loans shall have the meaning assigned to such term in Section 9.08(g). “Non-Consenting Lender” shall have the meaning assigned to such term in
New Class Loans shall have the meaning assigned to such term in Section 9.08(f). “New Project” shall mean (x) each branch which is either a new branch or an expansion, relocation, remodeling or substantial modernization of an existing branch owned by the Borrower or the Subsidiaries which in fact commences operations and (y) each creation (in one or a series of related transactions) of a business unit to the extent such business unit commences operations or each expansion (in one or a series of related transactions) of business into a new market. “Ninth Amended and Restated Credit Agreement” shall have the meaning assigned to such term in the recitals of this Agreement.