New Incremental Notes definition

New Incremental Notes has the meaning specified in Section 2.15(a).

New Incremental Notes has the meaning specified in Section 2.19(d)(i) (Facility Increases).

New Incremental Notes shall have the meaning assigned thereto in Section 2.24(a).

Examples of New Incremental Notes in a sentence

• The Lenders hereby authorize the Administrative Agent to enter into amendments to this Agreement and the other Loan Documents with the Borrower as may be necessary in order to secure any New Incremental Notes with the Collateral and/or to make such technical amendments as may be necessary or appropriate in the reasonable opinion of the Administrative Agent and the Borrower in connection with the issuance of such New Incremental Notes, in each case on terms consistent with this Section 2.19(d).

• The Parent Borrower may appoint any Person as arranger of such New Incremental Notes (such Person (who may be the Administrative Agent, if it so agreed), the “Incremental Notes Arranger”).

• The Lenders hereby authorize the Administrative Agent to enter into amendments to this Agreement and the other Loan Documents with the Borrower as may be necessary or appropriate in order to secure any New Incremental Notes with the Collateral and/or to make such technical amendments as may be necessary or appropriate in the reasonable opinion of the Administrative Agent and the Borrower in connection with the issuance of such New Incremental Notes, in each case on terms consistent with this Section 2.15.

• The Borrower may appoint any Person as arranger of such New Incremental Notes (such Person (who may be the Administrative Agent, if it so agrees), the “Incremental Notes Arranger”).

• The Borrowers, after consultation with the Administrative Agent, may appoint any Person that is not an Affiliate of any Borrower as arranger of such New Incremental Notes (such Person (who may be the Administrative Agent, if it so agrees), the “Incremental Notes Arranger”).

More Definitions of New Incremental Notes

New Incremental Notes has the meaning specified in Section 2.15(a). “New Incremental Notes Indentures” means, collectively, the indentures or other similar agreements pursuant to which any New Incremental Notes are issued, together with all instruments and other agreements in connection therewith, as amended, supplemented or otherwise modified from time to time in accordance with the terms thereof, but only to the extent permitted under the terms of the Loan Documents. “New Loan Commitments” has the meaning specified in Section 2.14(a). “New Revolving Commitments” has the meaning specified in Section 2.14(a). “New Revolving Facility” has the meaning specified in Section 2.14(a). “New Revolving Loan” has the meaning specified in Section 2.14(a). “New Term Commitment” has the meaning specified in Section 2.14(a).

New Incremental Notes or “Incremental Equivalent Cash Component Debt” (each as defined in the Second Lien Credit Agreement) incurred in reliance on the “Cash-Capped Incremental Facility” or the “Prepayment-Based Incremental Facility” (each as defined in the Second Lien Credit Agreement), (IX) other Indebtedness that is secured by the Collateral on a first lien pari passu or senior basis with Liens securing the Obligations and (X) any refinancing, replacement or extension of any of the foregoing (in each case of prepayments of a revolving facility or “Loans” as defined in the ABL Credit Agreement as in effect on the Closing Date, to the extent accompanied by a corresponding permanent commitment reduction), to the extent, in each case, not funded with the proceeds of long term Indebtedness (other than any (I) revolving indebtedness and intercompany loans or (II) without duplication, any (A) New Term Loans, New Incremental Notes or Incremental Equivalent Debt incurred in reliance on the Prepayment-Based Incremental Facility and (B) “New Term Loans”, “New Incremental Notes” or “Incremental Equivalent Debt” incurred in reliance on the “Prepayment-Based Incremental Facility” (each as defined in the Second Lien Credit Agreement)) (the “Prepayment-Based Incremental Facility”);

New Incremental Notes or “Incremental Equivalent Debt” incurred in reliance on the “Prepayment-Based Incremental Facility” (each as defined in the Second Lien Credit Agreement)) (the “Prepayment-Based Incremental Facility”);

New Incremental Notes means up to $1,500,000,000 in unsecured notes issued on a single date by the Borrower after August 24, 2007 and with a scheduled maturity after March 3, 2008.”;

New Incremental Notes shall have the meaning assigned to such term in Section 2.24(a).

New Incremental Notes has the meaning specified in Section 2.15(a). “New Incremental Notes Indentures” means, collectively, the indentures or other similar agreements pursuant to which any New Incremental Notes are issued, together with all instruments and other agreements in connection therewith, as amended, supplemented or otherwise modified from time to time in accordance with the terms thereof, but only to the extent permitted under the terms of the Loan Documents. “New Loan Commitments” has the meaning specified in Section 2.14(a). “New Revolving Commitment” has the meaning specified in Section 2.14(a). “New Revolving Facility” has the meaning specified in Section 2.14(a). “New Revolving Loan” has the meaning specified in Section 2.14(a). “New Term Commitment” has the meaning specified in Section 2.14(a). “New Term Facility” has the meaning specified in Section 2.14(a). “New Term Loan” has the meaning specified in Section 2.14(a). “Non-Consenting Lender” has the meaning specified in Section 3.08(c). “Non-Defaulting Lender” means any Lender other than a Defaulting Lender. “Non-Loan Party” means any Restricted Subsidiary of the Parent Borrower that is not a Loan Party. “Note” means a Term Note or a Revolving Credit Note, as the context may require. “NPL” means the National Priorities List under CERCLA. “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 Day, for the immediately preceding Business Day); provided that if none of such rates are 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 by the Administrative Agent from a federal funds broker of recognized standing selected by it; provided, further, that if any of the aforesaid rates as so determined be less than zero, such rate shall be deemed to be zero for purposes of this Agreement.

New Incremental Notes has the meaning specified in Section 2.15(a). “New Incremental Notes Indentures” means, collectively, the indentures or other similar agreements pursuant to which any New Incremental Notes are issued, together with all instruments and other agreements in connection therewith, as amended, supplemented or otherwise modified from time to time in accordance with the terms thereof, but only to the extent permitted under the terms of the Loan Documents. “New Loan Commitments” has the meaning specified in Section 2.14(a). “New Term Commitment” has the meaning specified in Section 2.14(a). “New Term Facility” has the meaning specified in Section 2.14(a). “New Term Loan” has the meaning specified in Section 2.14(a). “Non-Consenting Lender” has the meaning specified in Section 3.08(c). “Non-Defaulting Lender” means any Lender other than a Defaulting Lender. “Non-Financing Lease Obligation” means a lease obligation that is not required to be accounted for as a financing or capital lease on both the balance sheet and the income statement for financial reporting purposes in accordance with GAAP. For the avoidance of doubt, subject to Section 1.03(d), a straight-line or operating lease (including any lease that would not have been a capital lease under GAAP prior to giving effect to FASB ASC 842 (or any similar accounting principle)) shall be considered a Non-