Qualifying Refinancing definition

Qualifying Refinancing means any Refinancing that will give rise to a Refinancing Gain greater than zero that is not an Exempt Refinancing;

Qualifying Refinancing means any Refinancing that will give rise to a Refinancing Gain greater than zero that is not an Exempt Refinancing.

Qualifying Refinancing means any refinancing, replacement, renewal, modification, restatement, substitution, supplement, reissuance, resale or extension of any Specified Contract that does not contain provisions restricting the ability of the Company to make dividends or distributions that are not, taken as a whole, more restrictive than the most restrictive of such provisions contained in a Specified Contract as of the date of this Agreement.

Examples of Qualifying Refinancing in a sentence

• Notwithstanding the foregoing, if a Qualifying Refinancing occurs, this Section 2.05(b)(v) shall not apply until the first Quarterly Determination Date occurring on or immediately after the nine-month anniversary of such Qualifying Refinancing in accordance with Section 5.06(d).

• If any Loan Party consummates a Qualifying Refinancing Transaction, the Borrower shall, concurrently with the consummation of such Qualifying Refinancing Transaction, prepay an aggregate principal amount of the Loans equal to (i) 100% of the Net Proceeds from such Qualifying Refinancing Transaction minus (ii) the aggregate outstanding amount of FILO Loans under and as defined in the First Lien Credit Agreement at such time.

• At the option of the Holder, the Note may be converted at maturity into securities having the same terms, conditions and valuation as those issued in connection with a Qualifying Refinancing of this Note (the “Refinancing”).

• The Company hereby represents, warrants and certifies that such Refinancing is a Qualifying Refinancing.

• If any Loan Party consummates a Qualifying Refinancing Transaction, the Borrower shall, concurrently with the consummation of such Qualifying Refinancing Transaction, prepay an aggregate principal amount of the Loans equal to (i) 100% of the Net Proceeds from such Qualifying Refinancing Transaction minus (ii) the aggregate outstanding amount of FILO Loans under and as defined in the First Lien Credit LEGAL_US_E # 171984019.2 Agreement at such time.

More Definitions of Qualifying Refinancing

Qualifying Refinancing means any Refinancing of any Secured Obligations that is not prohibited by the Primary Secured Instruments.

Qualifying Refinancing means any refinancing, replacement, renewal, modification, restatement, substitution, supplement, reissuance, resale or extension of any Specified Contract that does not contain provisions restricting the ability of Parent or the Company to effect an Exchange by the making of a Cash Exchange Payment that are not, taken as a whole, more restrictive than the most restrictive of such provisions contained in a Specified Contract as of the Effective Date.

Qualifying Refinancing any Refinancing that will give rise to a Refinancing Gain greater than zero that is not an Exempt Refinancing "Qualifying Variation" either:-

Qualifying Refinancing means one or more refinancings of Financed Properties with an aggregate principal amount of not less than $200 million, which refinancings consist of term loans and/or term securitization transactions that are conducted pursuant to either a Rule 144A or a registered public offering, or a similar form of securitization transaction that is reasonably acceptable to the Administrative Agent and to which the Majority Lenders do not object within five (5) Business Days after the Lenders are notified thereof.

Qualifying Refinancing any Refinancing that will give rise to a Refinancing Gain that is not an Exempt Refinancing

Qualifying Refinancing means any Refinancing that will give rise to a Refinancing Gain greater than zero that is not an Exempt Refinancing; Qualifying Variation means either a) a change in the New Works and/or the O&M Works in respect of which either a Contracting Authority Notice of Change or a Company Notice of Change has been served and:

Qualifying Refinancing means any Refinancing that will give rise to a Refinancing Gain greater than zero that is not an Exempt Refinancing; Qualifying Variation means either a) a change in the New Works and/or the O&M Works in respect of which either a Scottish Ministers Notice of Change or a Company Notice of Change has been served and: i) in the case of a Scottish Ministers Notice of Change, the Scottish Ministers have confirmed the Estimate and, where the Company is not funding all or part of the required Capital Expenditure, the Scottish Ministers have agreed to meet all or the remaining part (as appropriate) of such Capital Expenditure; and