Permitted Additional Secured Indebtedness definition

Permitted Additional Secured Indebtedness shall have the meaning provided in Section 7.02(n).
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Permitted Additional Secured Indebtedness has the meaning assigned to such term in Section 6.01(s).
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Permitted Additional Secured Indebtedness means Indebtedness incurred by any Loan Party or any of its Subsidiaries (in addition to Permitted Purchase Money Indebtedness) that is secured by, and only by, Specified Collateral, in an aggregate outstanding amount not to exceed $10,000,000 at any one time.
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Examples of Permitted Additional Secured Indebtedness in a sentence

  • Notwithstanding the foregoing, the Administrative Agent and the Loan Parties may amend the Security Documents (without the consent of any other Person) in order to (i) effectuate the release or subordination of the Fixed Assets upon the occurrence of the Fixed Asset Release Event and (ii) add assets as Collateral to the extent such assets secure any Permitted Additional Secured Indebtedness and did not previously secure the Secured Obligations.

  • Notwithstanding the foregoing, the Administrative Agent and the Loan Parties may amend the Collateral Documents (without the consent of any other Person) in order to (i) effectuate the release or subordination of the Fixed Assets upon the occurrence of the Fixed Asset Release Date and (ii) add assets as Collateral to the extent such assets secure any Permitted Additional Secured Indebtedness and did not previously secure the Secured Obligations.

  • The Borrower and Holdings will not, and will not permit any of their respective Subsidiaries to, (i) enter into any amendment to any Junior Lien Document or enter into any new Junior Lien Document other than in accordance with the Intercreditor Agreement (or the applicable intercreditor agreement relating to any Permitted Additional Secured Indebtedness, as applicable).

  • Each Assignor will promptly (and in any event within 10 days) following any request by the Collateral Agent deliver all of its Tangible Chattel Paper to the Collateral Agent, to the extent that the aggregate value or face amount of such Tangible Chattel Paper equals or exceeds $3,000,00010,000,000 (or such lesser amount as may be required pursuant to the terms of the 2014 Term Facility or any other Permitted Additional Secured Indebtedness) in the aggregate.

  • For so long as any Permitted Additional Secured Indebtedness is outstanding and the Intercreditor Agreement in full force and effect, the delivery of any Permitted Additional Secured Indebtedness Priority Collateral to the holders (or any agent, trustee or representative acting on behalf of the holders) of any Permitted Additional Secured Indebtedness pursuant to the Permitted Additional Secured Indebtedness Documents shall satisfy any delivery requirement hereunder or under any other Loan Document.

  • Such Grantor has not pledged, assigned or delivered any letter of credit or Chattel Paper to any third party other than the Administrative Agent or the agent, trustee or representative acting on behalf of the Permitted Additional Secured Indebtedness.

  • For so long as any Permitted Additional Secured Indebtedness is outstanding, the delivery of any Permitted Additional Secured Indebtedness Priority Collateral to the agent, trustee or representative acting on behalf of the Permitted Additional Secured Indebtedness pursuant to the Permitted Additional Secured Indebtedness Documents shall satisfy any delivery requirement hereunder or under any other Loan Document.


More Definitions of Permitted Additional Secured Indebtedness

Permitted Additional Secured Indebtedness means Debt incurred or issued under Section 6.01(s)(vi)(B).
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Permitted Additional Secured Indebtedness means non-amortizing Indebtedness issued solely by Holdings or the Borrower that (a) does not provide on its terms for any scheduled repayment, mandatory redemption or sinking fund obligation prior to at least six months after the Loan Maturity Date, (b) is in an original aggregate principal amount not to exceed $75,000,000, (c) has provisions (including the covenants (other than the lien covenant), events of default, subsidiary guarantees and other terms (other than interest rate and redemption premiums)), (i) (A) that are less restrictive of Holdings, the Borrower and their Subsidiaries than those in the Loan Documents (or if more restrictive, the Loan Documents shall be amended to the extent necessary to make such provisions less restrictive) and (B) such provisions and the lien covenant are on market terms for similar issuers at the time of issuance or (ii) is evidenced and secured by documents that are satisfactory to the Requisite Lenders (including without limiting the generality of the foregoing that the terms and provisions and lien covenant do not otherwise confer upon the holders of such Indebtedness (or the trustee or other representative on their behalf) any rights or impose obligations on Holdings or the Borrower or their respective Subsidiaries, that would be materially adverse to the interests of Holdings, the Borrower, their respective Subsidiaries or the Lenders), (d) is secured by Liens only on the Collateral, which Liens shall rank junior in priority to the Liens on the Collateral created under the First Lien Loan Documents and the Collateral Documents, (e) shall be subject to an intercreditor agreement reasonably acceptable to the Lenders having at least 60% of the aggregate principal amount of all Loans then outstanding and to the Requisite Lenders (as defined in the First Lien Credit Agreement), (f) does not have a Subsidiary or Joint Venture as an obligor that is not a Subsidiary Guarantor, (g) is issued by Holdings or the Borrower, as the case may be, in exchange for, or in respect of the refinancing, refunding, repayment, satisfaction or defeasance of the Senior Subordinated Discount Notes or Senior Subordinated Notes (including any accrued interest, premium or fee payable in connection with such exchange, refinancing, refunding, repayment, satisfaction or defeasance), (h) bear interest payable only in-kind until at least six-months after the Loan Maturity Date, and (i) does not provide for or result in any cash fees or other cash...
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Permitted Additional Secured Indebtedness means any Indebtedness of the Borrower (which may be guaranteed by the Guarantors) that (a) is secured by the Collateral on a pari passu or junior priority basis to the Liens securing the Secured Obligations and/or any other Indebtedness permitted hereunder which is pari passu in right of payment and security with the Secured Obligations and is not secured by any property or assets of Holdings, the Borrower or any Restricted Subsidiary other than the Collateral, (b) is on terms and conditions (including as to covenants) customary for second lien (or other junior priority, as applicable) notes issued under Rule 144A of the Securities Act or, in the case of loans, no less favorable to Holdings and its Subsidiaries than the terms of this Agreement, (c) meets the Permitted Secured Debt Conditions and (d) the holders of such Indebtedness (or their representative) and the Administrative Agent shall be party to an intercreditor agreement reasonably satisfactory to the Administrative Agent.
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Permitted Additional Secured Indebtedness means Debt incurred or issued under Section 6.01(s)(vi)(B) and is secured by any assets of the Borrower or its Subsidiaries.
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Related to Permitted Additional Secured Indebtedness

  • Permitted Additional Indebtedness means Permitted Additional Unsecured Indebtedness and Permitted Additional Secured Indebtedness.

  • Permitted Additional Debt means unsecured Indebtedness, issued by the Borrower or a Guarantor, (a) the terms of which (i) do not provide for any scheduled repayment, mandatory redemption or sinking fund obligation prior to the Final Maturity Date (or to the extent such Permitted Additional Debt is being utilized to refinance Indebtedness, the latest maturity date of the Indebtedness being so refinanced) (other than customary offers to purchase upon a change of control, asset sale or event of loss and customary acceleration rights after an event of default) and (ii) to the extent the same are subordinated, provide for customary subordination to the Obligations under the Credit Documents, (b) the covenants, events of default, guarantees and other terms of which (other than fees, pricing and redemption premiums), taken as a whole, are not more restrictive to the Borrower and the Restricted Subsidiaries than those herein (or to the extent such Permitted Additional Debt is being utilized to refinance Indebtedness, those applicable to the Indebtedness being so refinanced); provided that a certificate of an Authorized Officer of the Borrower is delivered to the Administrative Agent at least five Business Days (or such shorter period as the Administrative Agent may reasonably agree) prior to the incurrence of such Indebtedness, together with a reasonably detailed description of the material terms and conditions of such Indebtedness or drafts of the documentation relating thereto, stating that the Borrower has determined in good faith that such terms and conditions satisfy the foregoing requirement shall be conclusive evidence that such terms and conditions satisfy the foregoing requirement unless the Administrative Agent notifies the Borrower within such period that it disagrees with such determination (including a reasonable description of the basis upon which it disagrees) and (c) of which no Subsidiary of the Borrower (other than a Guarantor or any guarantor of the Indebtedness being refinanced by such Permitted Additional Debt, if applicable) is an obligor.

  • Permitted Secured Indebtedness any Secured Indebtedness that:

  • Total Secured Indebtedness means (a) all Secured Indebtedness of the Consolidated Group determined on a consolidated basis plus (b) the Consolidated Group Pro Rata Share of Secured Indebtedness attributable to interests in Unconsolidated Affiliates.

  • Designated Indebtedness has the meaning assigned to such term in the Guarantee and Security Agreement.

  • Senior Secured Indebtedness means, with respect to any Person as of any date of determination, any Specified Indebtedness; provided that such Indebtedness is in each case secured by a Lien on the assets of the Issuer or its Restricted Subsidiaries on a basis pari passu with or senior to the security in favor of the Notes.

  • Applicable Indebtedness has the meaning specified in the definition of “Weighted Average Life to Maturity.”

  • Consolidated Senior Secured Indebtedness means, as of any date of determination, Consolidated Total Indebtedness as of such date that is not subordinated in right of payment to the Secured Obligations and is secured by a Lien on the Collateral securing the Loan Document Obligations.

  • Permitted Indebtedness means, without duplication, each of the following:

  • Permitted Unsecured Indebtedness Indebtedness of any Loan Party (a) that is not (and any Guarantees thereof by any Loan Party are not) secured by any collateral (including the Collateral), (b) that does not mature earlier than the date that is 91 days after the Latest Maturity Date then in effect at the time of incurrence thereof and has a weighted average life to maturity no shorter than the Facility of Term Loans with the Latest Maturity Date in effect at the time of incurrence of such Indebtedness, (c) that does not provide for any amortization, mandatory prepayment, redemption or repurchase (other than upon a change of control, fundamental change, customary asset sale or event of loss mandatory offers to purchase and customary acceleration rights after an event of default and, for the avoidance of doubt, rights to convert or exchange into Capital Stock of the Borrower in the case of convertible or exchangeable Indebtedness) prior to the date that is 91 days after the Latest Maturity Date then in effect at the time of incurrence thereof, (d) that contains covenants, events of default, guarantees and other terms that are customary for similar Indebtedness in light of then-prevailing market conditions (it being understood and agreed that such Indebtedness shall not include any financial maintenance covenants and that applicable negative covenants shall be incurrence-based to the extent customary for similar Indebtedness) and, when taken as a whole (other than interest rates, rate floors, fees and optional prepayment or redemption terms), are not more favorable to the lenders or investors providing such Permitted Unsecured Indebtedness, as the case may be, than those set forth in the Loan Documents are with respect to the Lenders (other than covenants or other provisions applicable only to periods after the Latest Maturity Date then in effect at the time of incurrence thereof); provided that a certificate of a Responsible Officer delivered to the Administrative Agent at least five Business Days prior to the incurrence of such Indebtedness or the modification, refinancing, refunding, renewal or extension thereof (or such shorter period of time as may reasonably be agreed by the Administrative Agent), together with a reasonably detailed description of the material terms and conditions of such resulting Indebtedness or drafts of the material definitive documentation relating thereto, stating that the Borrower has determined in good faith that such terms and conditions satisfy the foregoing requirements shall be conclusive, and (e) that is not guaranteed by any Person other than on an unsecured basis by the Borrower and/or Restricted Subsidiaries that are Loan Parties.

  • Permitted Convertible Indebtedness means any unsecured Indebtedness issued under the Convertible Senior Notes, and any refinancings or replacements thereof that is unsecured Indebtedness issued by the Borrower and/or guaranteed by a Loan Party; provided that (i) the amount of such Indebtedness is not increased at the time of such refinancing or replacement except by an amount equal to a reasonable premium or other reasonable amount paid, and fees and expenses reasonably incurred, in connection with such refinancing and by an amount equal to any existing commitments unutilized thereunder, and (ii) any Indebtedness in connection with a refinancing or a replacement thereof shall (A) not mature or require any payment of principal thereof prior to the date that is 91 days past the Maturity Date and (B) have covenants that are not more restrictive (taken as a whole) than those set forth herein; provided, further, that the conversion of Permitted Convertible Indebtedness, including any requirement or decision to pay cash upon any conversion of Permitted Convertible Indebtedness in lieu of all or any portion of the Equity Interests of the Borrower due upon conversion of such Permitted Convertible Indebtedness, and the requirement of the Borrower to repurchase Permitted Convertible Indebtedness prior to its stated maturity date upon a fixed date or upon the occurrence of a fundamental change (which would include customary change of control provisions or a termination of trading of the Borrower’s common stock on the exchange on which it is then listed), shall not constitute a maturity or the requirement of any payment of principal of such Permitted Convertible Indebtedness prior to the date that is 91 days past the Maturity Date hereunder for purposes of this definition.

  • Additional Indebtedness means any Additional Specified Indebtedness that (1) is secured by a Lien on Collateral and is permitted to be so secured by:

  • Permitted Subordinated Indebtedness means Indebtedness incurred after the Closing Date by the Borrower or the Subsidiaries that is (i) subordinated to the Obligations and all other Indebtedness owing from the Borrower or the Subsidiaries to the Lender pursuant to a written subordination agreement satisfactory to the Lender in its sole discretion and (ii) in an amount and on terms approved by the Lender in its sole discretion.

  • Secured Indebtedness means any Indebtedness secured by a Lien.

  • Other Permitted Indebtedness means (a) accrued expenses and current trade accounts payable incurred in the ordinary course of the Borrower’s business which are not overdue for a period of more than 90 days or which are being contested in good faith by appropriate proceedings, (b) Indebtedness (other than Indebtedness for borrowed money) arising in connection with transactions in the ordinary course of the Borrower’s business in connection with its securities transactions, derivatives transactions, reverse repurchase agreements or dollar rolls to the extent such transactions are permitted under the Investment Company Act and the Borrower’s Investment Policies (after giving effect to any Permitted Policy Amendments), provided that such Indebtedness does not arise in connection with the purchase of Portfolio Investments other than Cash Equivalents and U.S. Government Securities and (c) Indebtedness in respect of judgments or awards that have been in force for less than the applicable period for taking an appeal so long as such judgments or awards do not constitute an Event of Default under clause (l) of Article VII.

  • Related Indebtedness means any and all indebtedness paid or payable by Borrower to Administrative Agent or any Lender pursuant to any Loan Document other than any Note.

  • Permitted Financial Indebtedness means Financial Indebtedness:

  • Consolidated Secured Indebtedness means, as of any date of determination, Consolidated Total Debt that is secured by a Lien on any assets of Borrower and its Subsidiaries.

  • Refinanced Indebtedness shall have the meaning provided in the definition of the term “Permitted Refinancing Indebtedness”.

  • Final Indebtedness has the meaning set forth in Section 3.2(b).

  • Acquisition Indebtedness means any Indebtedness of the Loan Parties that has been issued for the purpose of financing, in part, the acquisition of an Acquired Entity or Business.

  • Balloon Indebtedness means Long-Term Indebtedness, 25% or more of the original principal amount of which becomes due (either by maturity or mandatory redemption) during any consecutive twelve-month period, if such principal amount becoming due is not required to be amortized below such percentage by mandatory redemption or prepayment prior to such twelve-month period.

  • Convertible Indebtedness means Indebtedness of the Parent that is convertible into common Equity Interests of the Parent (and cash in lieu of fractional shares) and/or cash (in an amount determined by reference to the price of such common Equity Interests).

  • Restricted Indebtedness means Indebtedness of Holdings, the Borrower or any Subsidiary, the payment, prepayment, repurchase or defeasance of which is restricted under Section 6.09(b).

  • Unsecured Indebtedness means Indebtedness which is not Secured Indebtedness.

  • Attributable Indebtedness means, on any date, (a) in respect of any capital lease of any Person, the capitalized amount thereof that would appear on a balance sheet of such Person prepared as of such date in accordance with GAAP, and (b) in respect of any Synthetic Lease Obligation, the capitalized amount of the remaining lease payments under the relevant lease that would appear on a balance sheet of such Person prepared as of such date in accordance with GAAP if such lease were accounted for as a capital lease.