Term Loan Cap Amount definition
Term Loan Cap Amount means, as of any date of determination and subject to Section 1.3, the sum of (a)(x) the sum of (i) $925,000,000, (ii) without duplication of clause (iv) of this definition, the principal amount permitted to be incurred as “Incremental Loans” under Section 2.14 of the First Lien Credit Agreement (as in effect on the date hereof) as of the applicable date of determination; (iii) so long as such principal amount does not exceed $25,000,000, the principal amount of indebtedness permitted to be secured by an “Applicable Lien” (as defined in the First Lien Credit Agreement) pursuant to Section 7.01(bb) of the First Lien Credit Agreement (as in effect on the date hereof) as of the applicable date of determination; (iv) $400,000,000 (including Indebtedness in respect of any interest paid on the Second Lien Notes in the form of additional Indebtedness under the Second Lien Notes Indenture as in effect on the date hereof to the extent such payment would have been permitted pursuant to the terms of the Second Lien Notes Indenture) and (v) without duplication of clause (ii) of this definition, the principal permitted to be incurred as “Additional Second Lien Debt”, that is secured by L▇▇▇▇ on the Second Lien Collateral that rank on a pari passu basis with the Liens on the Second Lien Collateral securing the Second Lien Notes (without regard to control of remedies) under Section 4.03(p) of the Second Lien Notes Indenture (as in effect on the date hereof) as of the applicable date of determination multiplied by (y) 115% and (b) any accrued and unpaid interest (including interest accruing at the default rate specified in the applicable Term Loan Financing Documents and any Post-Petition Interest) and premiums (including tender premiums and prepayment premiums) payable on account of any Term Loan Obligations and any underwriting discounts, fees, commissions and expenses (including original issue discount, upfront fees or initial yield payments), attorneys’ fees, costs, expenses and indemnities paid or payable by any Obligor in connection with incurrence or issuance of any Term Loan Obligation or any Refinancing of any Term Loan Obligation in accordance with the terms of this Agreement.
Term Loan Cap Amount in Section 1 of the Intercreditor Agreement is hereby amended by amending and restating the definition in its entirety as follows:
Term Loan Cap Amount means $150,000,000.
More Definitions of Term Loan Cap Amount
Term Loan Cap Amount means $450,000,000.
Term Loan Cap Amount means $1.45 billion.
Term Loan Cap Amount means, as of any date of determination, an amount equal to the sum of (a) one hundred and ten percent (110%) of the Term Loan Borrowing Base (as such term is defined in the Term Loan Agreement as in effect on the date hereof provided that during the Term Loan Borrowing Base II Period, such percentage shall be one hundred and twenty percent (120%), minus (b) the aggregate amount of all principal payments and prepayments of the Term Loan Obligations received by the Term Loan Representative or the Term Loan Secured Parties.
Term Loan Cap Amount means, at any time, $1.45 billion minus the Indebtedness constituting outstanding principal with respect to any Additional Pari Passu Obligations.
Term Loan Cap Amount means (a) the principal amount of indebtedness that would be permitted to be incurred under the Term Loan Agreement pursuant to Section 6.1(l) of the ABL Loan Agreement plus any amounts permitted to be incurred pursuant to Section 6.2(b)(ii) (it being understood that this definition shall not operate to increase the amount of indebtedness under the Term Loan Agreement permitted to be incurred under the ABL Loan Agreement).
Term Loan Cap Amount means, as of any date of determination and subject to Section 1.3, the sum of (a)(x) the sum of (i) $600,000,000, (ii) without duplication of clause (iv) of this definition, the principal amount permitted to be incurred as “Incremental Loans” under Section 2.14 of the First Lien Credit Agreement (as in effect on the Amendment and Restatement Date) as of the applicable date of determination and (iii) the principal amount of indebtedness permitted to be secured by an “Applicable Lien” (as defined in the First Lien Credit Agreement) pursuant to Section 7.01(bb) of the First Lien Credit Agreement (as in effect on the Amendment and Restatement Date) as of the applicable date of determination multiplied by (y) 115% and (b) any accrued and unpaid interest (including interest accruing at the default rate specified in the applicable Term Loan Financing Documents and any Post-Petition Interest) and premiums (including tender premiums and prepayment premiums) payable on account of any Term Loan Obligations and any underwriting discounts, fees, commissions and expenses (including original issue discount, upfront fees or initial yield payments), attorneys’ fees, costs, expenses and indemnities paid or payable by any Obligor in connection with incurrence or issuance of any Term Loan Obligation or any Refinancing of any Term Loan Obligation in accordance with the terms of this Agreement.