Off-Balance Sheet Arrangement means any transaction, agreement or other contractual arrangement to which an entity unconsolidated with the Borrower is a party, under which the Borrower has:
Off-Balance Sheet Liabilities of any Person shall mean (i) any repurchase obligation or liability of such Person with respect to accounts or notes receivable sold by such Person, (ii) any liability of such Person under any sale and leaseback transactions that do not create a liability on the balance sheet of such Person, (iii) any Synthetic Lease Obligation or (iv) any obligation arising with respect to any other transaction which is the functional equivalent of or takes the place of borrowing but which does not constitute a liability on the balance sheet of such Person.
Off-Balance Sheet Liability of a Person means (a) any repurchase obligation or liability of such Person with respect to accounts or notes receivable sold by such Person, (b) any indebtedness, liability or obligation under any so-called “synthetic lease” transaction entered into by such Person, or (c) any indebtedness, liability or obligation arising with respect to any other transaction which is the functional equivalent of or takes the place of borrowing but which does not constitute a liability on the balance sheet of such Person (other than operating leases).
Off-Balance Sheet Obligations means liabilities and obligations of the Borrower, any Subsidiary or any other Person in respect of “off-balance sheet arrangements” (as defined in Item 303(a)(4)(ii) of Regulation S-K promulgated under the Securities Act) which the Borrower would be required to disclose in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the Borrower’s report on Form 10-Q or Form 10-K (or their equivalents) which the Borrower is required to file with the Securities and Exchange Commission (or any Governmental Authority substituted therefor).
Interim Balance Sheet Date has the meaning set forth in Section 3.06.
Company Balance Sheet has the meaning set forth in Section 3.04(e).
Company Balance Sheet Date has the meaning set forth in Section 3.10.
Off-Balance Sheet Obligation means the monetary obligation of a Person under (a) a so-called synthetic, off-balance sheet or tax retention lease, (b) an agreement for the use or possession of property creating obligations that do not appear on the balance sheet of such Person but which, upon the insolvency or bankruptcy of such Person, would be characterized as the indebtedness of such Person (without regard to accounting treatment) or (c) an agreement for the sale of receivables or like assets creating obligations that do not appear on the balance sheet of such Person but which, upon the insolvency or bankruptcy of such Person, could be characterized as the indebtedness of such Person (without regard to accounting treatment).
Interim Balance Sheet as defined in Section 3.4.
Pro Forma Balance Sheet as defined in Section 4.1(a).
Latest Balance Sheet Date has the meaning set forth in Section 3.10.
SpinCo Balance Sheet means the pro forma combined balance sheet of the SpinCo Business, including any notes and subledgers thereto, as of September 30, 2021, as presented in the Information Statement made available to the Record Holders.
Closing Balance Sheet has the meaning set forth in Section 2.4(a).
Balance Sheet Date has the meaning set forth in Section 3.06.
Closing Date Balance Sheet has the meaning specified in Section 2.3(b).
Balance Sheets has the meaning set forth in Section 4.5(a).
Reference Balance Sheet Date is defined in Section 3.5.
Most Recent Balance Sheet Date has the meaning set forth in Section 4.4.
Parent Balance Sheet Date shall have the meaning assigned to it in Section 5.13 hereof.
Current Balance Sheet Date means December 31, 1997.
Final Closing Balance Sheet shall have the meaning set forth in Section 2.3(e).
Latest Balance Sheet has the meaning set forth in Section 3.4(a).
Preliminary Closing Balance Sheet shall have the meaning set forth in Section 2.3(c)(i).
Balance Sheet has the meaning set forth in Section 3.06.
Unaudited Interim Balance Sheet shall have the meaning specified in Section 4.4(a)(ii) of the Agreement.