Specified Debt Incurrence definition

Specified Debt Incurrence means any Indebtedness incurred pursuant to Section 7.01(a)(xvi).

Specified Debt Incurrence means any incurrence of Indebtedness of the type set forth in clause (a) of the definition thereof by the Borrower or any Subsidiary other than (i) any Indebtedness owed to the Borrower or any of its Subsidiaries and (ii) Indebtedness under the Revolving Credit Agreement.

Specified Debt Incurrence means any incurrence of Debt by Group Member in the form of term loans or debt securities other than (i) Debt owing to the Borrower or any Subsidiary, (ii) any Specified Acquisition Debt or (iii) other Debt not included in clauses (i) and (ii) above in an aggregate principal amount not to exceed $50,000,000.

Examples of Specified Debt Incurrence in a sentence

• For the avoidance of doubt, this Section 2.11(e)(ii) does not apply to any prepayment pursuant to Section 2.11(c) in respect of a Specified Debt Incurrence Prepayment Event, which prepayment shall be mandatory and may not be declined, waived or refused.

• Amend, supplement or otherwise modify any of the Specified Debt Incurrence Terms of the ESH Credit Agreement or the ESH Senior Notes, and, in each case, the documentation related to the permitted refinancing of underlying Indebtedness related thereto, to the extent that such amendment would permit the incurrence of additional indebtedness for borrowed money or Guarantee Obligations in respect thereof.

• The Borrower shall notify the Administrative Agent of the expected occurrence of any Specified Debt Incurrence at least two Business Days prior to the consummation of such Specified Debt Incurrence and such notice shall be accompanied by a reasonably detailed calculation of the expected Net Cash Proceeds thereof.

• Amend, supplement or otherwise modify any of the Specified Debt Incurrence Terms of the ESH Revolving Credit Agreement, the ESH Permitted Mezzanine Prepayment Indebtedness Loan Documents or the ESH Incremental Loan Documents, and, in each case, the documentation related to the permitted refinancing of underlying Indebtedness related thereto, to the extent that such amendment would permit the incurrence of additional indebtedness for borrowed money or Guarantee Obligations in respect thereof.

• The Lenders hereby waive the Debt Incurrence Amendment Prohibitions solely to permit the ESH Parties to amend the Specified Debt Incurrence Terms contained in the ESH Revolving Credit Agreement, the ESH Permitted Mezzanine Prepayment Indebtedness Loan Documents and the ESH Incremental Loan Documents to permit the incurrence of the Senior Unsecured Notes by ESH REIT.

More Definitions of Specified Debt Incurrence

Specified Debt Incurrence means any issuance or incurrence of (a) the Senior Notes, (b) any other debt securities (including debt securities convertible into equity and any equity-linked or hybrid debt-equity securities) of the Borrower or any of its restricted subsidiaries, in each case, whether pursuant to a public offering or in a Rule 144A or other private placement, (c) indebtedness under any loan or other credit facility (other than the Bridge Facility or the Backstop Facility) of the Borrower or any of its restricted subsidiaries and (d) any other indebtedness for borrowed money of the Borrower or any of its restricted subsidiaries, in each case, other than (i) intercompany debt between the Borrower and its restricted subsidiaries, (ii) for the avoidance of doubt, indebtedness of Tesoro Logistics and its subsidiaries and other subsidiaries that are “excluded subsidiaries” under the Existing Credit Facility, including, after the Closing Date, Western Refining Logistics, LP, a Delaware limited partnership (“Western Refining Logistics”), and its subsidiaries, (iii) borrowings under the Existing Credit Facility (but not any incremental commitments thereunder effected after the date of the Commitment Letter), (iv) refinancings of the 4.250% Senior Notes due 2017 of the Borrower, provided that such refinancing does not increase the aggregate outstanding amount thereof, other than by the amount of accrued and unpaid interest on the indebtedness being refinanced and the amount of any costs, fees and expenses incurred in connection therewith, (v) deferred purchase price obligations, (vi) ordinary course working capital facilities (other than any revolving credit facilities), (vii) ordinary course capital leases, purchase money and equipment financings and (viii) any indebtedness of the Target and its subsidiaries incurred prior to the Closing Date permitted to be incurred and remain outstanding pursuant to the Acquisition Agreement.

Specified Debt Incurrence means any incurrence of Debt for borrowed money (including, without limitation, any Permanent Debt Financing) other than Excluded Debt.

Specified Debt Incurrence means (i) the issuance of Senior Notes or (ii) any other incurrence of Indebtedness for borrowed money of the type referred to in clauses (a), (b) or (f) (to the extent guaranteeing the Indebtedness incurred in clauses (a) or (b)) of the definition thereof by the Borrower or any Subsidiary other than, in the case of clause (ii), (x) Indebtedness incurred by the Borrower or any of its Subsidiaries in an aggregate amount (together with all other Indebtedness incurred pursuant to this clause (x)) not to exceed $50,000,000 and (y) amounts incurred or outstanding under the Existing Credit Agreement.

Specified Debt Incurrence the incurrence by the Borrower or any of its Subsidiaries of Indebtedness for borrowed money (including hybrid securities and, debt securities convertible to equity and, for the avoidance of doubt, the Tranche B Loans), other than any of the following: (i) any commercial paper issued by the Borrower or any of its Subsidiaries in the ordinary course of business, (ii) any Indebtedness of the Borrower incurred under the Existing Credit Agreement (including any renewals, extensions, refinancings or replacements thereof), in an aggregate principal amount not to exceed $2,000,000,000, (iii) intercompany Indebtedness between the Borrower and/or its Subsidiaries, (iv) any purchase money Indebtedness, Capital Lease obligations, deferred purchase price obligations or equipment financings incurred by the Borrower or any of its Subsidiaries in the ordinary course of business, (v) other Indebtedness (except Indebtedness incurred to refinance the Facility or to finance the Acquisition) in an aggregate principal amount not to exceed $50,000,000 and (vi) any Indebtedness of the Borrower under the Intercompany Note.

Specified Debt Incurrence has the meaning assigned to such term in Section 2.06(d)(iii).

Specified Debt Incurrence means any issuance or incurrence of (a) any debt securities (including debt securities convertible into equity and any equity-linked or hybrid debt-equity securities) of the Borrower or any of its Subsidiaries, in each case, whether pursuant to a public offering or in a Rule 144A or other private placement, (b) indebtedness under any loan or other credit facility (other than under this Agreement or the Senior Secured Credit Facility) of the Borrower or any of its Subsidiaries and (c) any other Indebtedness for borrowed money of the Borrower or any of its Subsidiaries, in each case, other than (i) intercompany debt between the Borrower and its Subsidiaries, (ii) for the avoidance of doubt, Indebtedness of the Borrower and its Subsidiaries and other Subsidiaries that are “excluded subsidiaries” under the Senior Secured Credit Facility, including after the Closing Date, (iii) borrowings under the Senior Secured Credit Facility (but not any incremental commitments thereunder effected after the Closing Date), (iv) refinancings of any existing Indebtedness of the Borrower, provided that such refinancing does not increase the aggregate outstanding amount thereof, other than by the amount of accrued and unpaid interest on the Indebtedness being refinanced and the amount of any costs, fees and expenses incurred in connection therewith, (v) deferred purchase price obligations, (vi) ordinary course working capital facilities (other than any revolving credit facilities), (vii) ordinary course Capital Lease Obligations, purchase money and equipment financings, (viii) any Indebtedness permitted to be incurred under Section 7.2 and (ix) any Indebtedness of CEB and its Subsidiaries incurred prior to the Closing Date permitted to be incurred and remain outstanding pursuant to the Acquisition Agreement.

Specified Debt Incurrence means any Indebtedness incurred pursuant to S ection 7.01(a)(xvi). “Specified Disposition” means any Disposition made pursuant to S ection 7.05(m).