Permitted Convertible Bond Indebtedness means Indebtedness of Parent having a feature which entitles the holder thereof to exchange all or a portion of such Indebtedness into common stock of Parent (or other securities or property following a merger event or other change of the common stock of Parent) and/or cash (in an amount determined by reference to the price of such common stock (or such other securities or property following a merger event or other change of the common stock of Parent)).
Permitted Convertible Bond Indebtedness means Convertible Bond Indebtedness issued by Super Holdings or any Subsidiary that is not a Credit Party in an aggregate principal amount not to exceed $100,000,000 at any one time outstanding; provided, that, (a) such Convertible Bond Indebtedness shall be unsecured, (b) neither the Issuer nor any Guarantor (other than Super Holdings) shall Guarantee such Convertible Bond Indebtedness, (c) such Convertible Bond Indebtedness shall not mature, and no scheduled or mandatory principal payments, prepayments, cash settlements, repurchases, redemptions or sinking fund or like payments of such Convertible Bond Indebtedness shall be required at any time on or prior to the date that is three hundred sixty-five (365) days after the Maturity Date, (d) such Convertible Bond Indebtedness shall (i) not include covenants and defaults that are, taken as a whole, more restrictive on Super Holdings and its Subsidiaries than the provisions of this Agreement and (ii) have a cash interest rate of less than five percent (5%) per annum, (e) such Convertible Bond Indebtedness shall include conversion, redemption and fundamental change provisions that are customary for convertible notes issued in public or “Rule 144A” offerings of convertible notes, (f) in the case of any Convertible Bond Indebtedness issued by a Subsidiary, (i) the net cash proceeds of such Convertible Bond Indebtedness shall be loaned by such Subsidiary to Super Holdings or to another Subsidiary that is a Credit Party on identical terms as such Convertible Bond Indebtedness but cash settled only, (ii) such loan shall be subordinated to the Obligations pursuant to Section 8.02(c)(ii)(x) and (iii) such loan shall be satisfied concurrently with the exchange of the Convertible Bond Indebtedness into Qualified Capital Stock of Super Holdings, (g) no Default or Event of Default shall have occurred and be continuing at the time of incurrence of such Convertible Bond Indebtedness or could result therefrom, (h) such Convertible Bond Indebtedness shall be subordinated to the Obligations on terms and conditions reasonably satisfactory to the Administrative Agent and (i) the Issuer shall have delivered to the Administrative Agent a certificate of a Responsible Financial Officer of the Issuer certifying as to the foregoing.
Permitted Convertible Bond Indebtedness means Indebtedness having a feature which entitles the holder thereof to convert or exchange all or a portion of such Indebtedness into Equity Interests of Parent; provided, that (i) such Permitted Convertible Bond Indebtedness shall be unsecured, (ii) no Subsidiary of Parent shall guarantee Permitted Convertible Bond Indebtedness, (iii) Permitted Convertible Bond Indebtedness shall not include any financial maintenance covenants and shall only include covenants and defaults that are customary for public market convertible indebtedness (pursuant to a public offering or an offering under Rule 144A or Regulation S of the Securities Act), as determined by Parent in its good faith judgment, (iv) no Default or Event of Default shall have occurred and be continuing at the time of incurrence of such Permitted Convertible Bond Indebtedness or would result therefrom, (v) such Permitted Convertible Bond Indebtedness does not have a scheduled maturity date earlier than 180 calendar days after the Maturity Date, and (vi) Parent shall have delivered to the Purchasers a certificate of a Responsible Officer of Parent certifying as to the foregoing.
Examples of Permitted Convertible Bond Indebtedness in a sentence
Permitted Convertible Bond Indebtedness, provided that the aggregate principal amount of Indebtedness incurred pursuant to this clause (q), when multiplied by the per annum cash interest rate applicable to such Indebtedness, shall not exceed $6,750,000 at any time outstanding.
Permitted Convertible Bond Indebtedness; and76(g) unsecured Indebtedness not otherwise permitted by the foregoing clauses of this Section 8.03, not to exceed $500,000 in the aggregate at any one time outstanding.
Nothing in the foregoing shall be construed to prohibit the issuance of any Permitted Convertible Bond Indebtedness (or any guarantee thereof), the issuance of any Permitted Exchangeable Bond Indebtedness, or the entry into any Permitted Call Transaction.
More Definitions of Permitted Convertible Bond Indebtedness
Permitted Convertible Bond Indebtedness means Convertible Bond Indebtedness issued by the Borrower in an aggregate principal amount not to exceed $200,000,000 at any one time outstanding; provided, that, (a) such Convertible Bond Indebtedness shall be unsecured, (b) no Subsidiary shall Guarantee such Convertible Bond Indebtedness if such Subsidiary is not a Guarantor, (c) such Convertible Bond Indebtedness shall not mature, and no scheduled or mandatory principal payments, prepayments, cash settlements, repurchases, redemptions or sinking fund or like payments of such Convertible Bond Indebtedness shall be required at any time on or prior to the date that is one hundred eighty-one (181) days after the Maturity Date, (d) such Convertible Bond Indebtedness shall (i) not include covenants and defaults that are, taken as a whole, more restrictive on the Loan Parties than the provisions of this Agreement and (ii) have a cash interest rate of less than the greater of (x) five percent (5%) per annum and (y) such cash interest rate as the Administrative Agent shall approve after the Closing Date, upon the request of the Borrower in light of changes to market interest rates for similar convertible notes (such approval not to be unreasonably withheld or delayed), (e) such Convertible Bond Indebtedness shall include conversion, redemption and fundamental change provisions that are customary for convertible notes issued in public or “Rule 144A” offerings of convertible notes, (f) no Default or Event of Default shall have occurred and be continuing at the time of incurrence of such Convertible Bond Indebtedness or could result therefrom, (g) such Convertible Bond Indebtedness shall be subordinated to the Obligations on terms and conditions reasonably satisfactory to the Administrative Agent and (h) the Borrower shall have delivered to the Administrative Agent a certificate of a Responsible Financial Officer of the Borrower certifying as to the foregoing.
Permitted Convertible Bond Indebtedness means any of the following: (a) Indebtedness having a feature which entitles the holder thereof to convert or exchange all or a portion of such Indebtedness into Equity Interests of Borrower; provided, that (i) Permitted Convertible Bond Indebtedness shall be unsecured, (ii) no Subsidiary of Borrower shall guarantee Permitted Convertible Bond Indebtedness if such Subsidiary does not also provide a guarantee of the Obligations, (iii) Permitted Convertible Bond Indebtedness shall not include covenants and defaults (other than covenants and defaults customary for convertible indebtedness but not customary for loans, as determined by Borrower in its good faith judgment) that are, taken as a whole, more restrictive on the Credit Parties than the provisions of this Agreement (as determined by Borrower in its good faith judgment), (iv) no Default or Event of Default shall have occurred and be continuing at the time of incurrence of such Permitted Convertible Bond Indebtedness or would result therefrom, (v) Permitted Bond Indebtedness matures on a date that is at least one month following the Term Loan Maturity Date, and (vi) Borrower shall have delivered to Lender a certificate of a Responsible Officer of Borrower certifying as to the foregoing; and (b) Indebtedness incurred under Borrower’s unsecured convertible senior notes due December 15, 2023.
Permitted Convertible Bond Indebtedness means any of the following: (a) Indebtedness of Parent having a feature which entitles the holder thereof to convert or exchange all or a portion of such Indebtedness into Equity Interests of Parent; provided, that (i) Permitted Convertible Bond Indebtedness shall be unsecured, (ii) no Subsidiary of Parent shall guarantee Permitted Convertible Bond Indebtedness, (iii) Permitted Convertible Bond Indebtedness shall not include covenants and defaults (other than covenants and defaults customary for convertible indebtedness but not customary for loans, as determined by Parent in its good faith judgment) that are, taken as a whole, more restrictive on the Credit Parties than the provisions of this Agreement (as determined by Parent in its good faith judgment), (iv) no Default or Event of Default shall have occurred and be continuing at the time of incurrence of such Permitted Convertible Bond Indebtedness or would result therefrom, (v) Permitted Convertible Bond Indebtedness matures on a date that is at least 180 days following the Term Loan Maturity Date, and (vi) Parent shall have delivered to the Agent a certificate of a Responsible Officer of Parent certifying as to the foregoing; and (b) Indebtedness incurred under Parent’s unsecured convertible senior notes due December 15, 2023.
Permitted Convertible Bond Indebtedness means any of the following: (a) Indebtedness having a feature which entitles the holder thereof to
Permitted Convertible Bond Indebtedness means Indebtedness of the Borrower having a feature which entitles the holder thereof to exchange all or a portion of such Indebtedness into common stock of the Borrower (or other securities or property following a merger event or other change of the common stock of the Borrower) and/or cash (in an amount determined by reference to the price of such common stock (or such other securities or property following a merger event or other change of the common stock of the Borrower)). “Permitted Deferred Acquisition Obligation” means an obligation of any Subsidiary to pay the purchase price for the acquisition of a Person or assets over time or upon the satisfaction of certain conditions. “Permitted Equity Commitments” means obligations of any Subsidiary to make any payment in respect of any Equity Interest in any Non-Recourse Subsidiary (and any guarantee by any Subsidiary of such obligations). “Permitted Exchangeable Bond Indebtedness” means Indebtedness of Opco Holdings having a feature which entitles the holder thereof to exchange all or a portion of such Indebtedness into common stock of the Borrower (or other securities or property following a merger event or other change of the common stock of the Borrower) and/or cash (in an amount determined by reference to the price of such common stock (or such other securities or property following a merger event or other change of the common stock of the Borrower)). “Permitted Project Undertakings” means guaranties by or obligations of any Subsidiary in respect of Project Obligations or Permitted Deferred Acquisition Obligations. 15 “Permitted Use” has the meaning specified in Section 2.1.2. “Person” includes any natural person, corporation, company, limited liability company, unlimited liability company, trust, joint venture, association, incorporated organization, partnership, limited partnership, Governmental Authority or other entity. “Pledge and Security Agreement” means the Pledge and Security Agreement to be executed by the Borrower and the Lenders on the Effective Date, which shall be satisfactory in form and substance to the Lenders. “Prepayment Event” means:
Permitted Convertible Bond Indebtedness has the meaning set forth in Section 8.03(j).
Permitted Convertible Bond Indebtedness means Convertible Bond Indebtedness issued by the Issuer (and not by any other Credit Party) after the Closing Date; provided, that, (a) such Convertible Bond Indebtedness shall be unsecured, (b) no Subsidiary shall Guarantee such Convertible Bond Indebtedness, (c) such Convertible Bond Indebtedness shall not mature, and no scheduled or mandatory