Private Placement Indebtedness definition

Private Placement Indebtedness means Indebtedness of the Borrowers incurred pursuant to the NPAs or a private placement of senior notes after the Effective Date; provided, that any such Indebtedness issued after the Effective Date shall be issued either (i) pursuant to the NPAs as in effect on the Effective Date, or (ii) pursuant to definitive documentation which shall not contain representations, warranties, covenants or other provisions, including without limitation financial covenants, more restrictive than the representations, warranties, covenants and other provisions of this Agreement as of the date such Indebtedness is incurred, or provisions requiring security for such Indebtedness other than provisions requiring that such Indebtedness be secured equally and ratably with the Obligations (which shall be no more favorable to the holders of such Indebtedness than those set forth in the NPAs as of the Effective Date).
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Private Placement Indebtedness means the indebtedness of the Borrower issued pursuant to the Note Purchase Agreement.
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Private Placement Indebtedness means the Indebtedness of the Obligors (as defined in the Note Purchase Agreement) owing to the "holders" (as defined in the Note Purchase Agreement) from time to time under the Note Purchase Agreement.
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Examples of Private Placement Indebtedness in a sentence

  • The Company shall comply at all times with any financial tests and ratios set forth from time to time in any instrument or agreement which evidences or sets forth the terms of any Private Placement Indebtedness.

  • Borrower and each Subsidiary (other than an Excluded Subsidiary) are solvent as of the date hereof (after giving effect to the incurrence of Indebtedness under this Agreement and the incurrence of the Private Placement Indebtedness) and shall remain solvent at all times hereafter.

  • In consideration of the Lenders' agreement to extend the Revolving Commitment Period Expiration Date and consent to the incurrence of Permitted Private Placement Indebtedness as provided for herein, the Borrower agrees to pay to the Administrative Agent a facility fee in the amount of $71,121.01 (the "Facility Fee") for distribution to the Lenders in proportion to their respective Percentages.

  • Each of the Borrowers is Solvent (including, without limitation, after giving effect to all Borrowings on the Funding Date and the issuance of the Private Placement Indebtedness).


More Definitions of Private Placement Indebtedness

Private Placement Indebtedness means the indebtedness of the Borrower with respect to its 7.45% Notes in the aggregate principal amount of $50,000,000 due May 30, 2008.
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Private Placement Indebtedness means, collectively, (i) the Company's 7.05% Senior Notes due May 31, 2007 and (ii) any private placement of unsecured Indebtedness of the Company which accrues interest at a fixed rate and which has a maturity date occurring after the Revolving Termination Date.
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Private Placement Indebtedness has the meaning set forth in Section 6.2 of this Agreement.
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Private Placement Indebtedness shall have the meaning ascribed to “Indebtedness” in the 2000 Private Placement (as set out in the Appendix).
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