Terminating Indebtedness definition

Terminating Indebtedness shall have the meaning given to such term in Section 4.1(h).

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Terminating Indebtedness shall have the meaning set forth in Section 3.1(j).

Terminating Indebtedness collectively, the Indebtedness (together with all unpaid and accrued interest and fees and other unpaid sums) of the Utility under the 364-Day Credit Agreement, dated as of August 28, 1998, by and among the Utility, the lenders party thereto, and BNY, as agent, and all agreements, instruments and other documents executed or delivered in connection therewith, in each case as amended, supplemented or otherwise modified from time to time.

Examples of Terminating Indebtedness in a sentence

The Terminating Indebtedness shall have been fully repaid and all agreements and other documents with respect thereto shall have been canceled or terminated, and the Administrative Agent shall have received reasonably satisfactory evidence thereof or arrangements satisfactory to the Administrative Agent shall have been made by the Borrower and the Subsidiaries to accomplish the foregoing concurrently with the first Loans made hereunder.
The proceeds of the Revolving Loans shall be used by the Borrower solely (i) to refinance the Terminating Indebtedness; (ii) to provide working capital for the Borrower; (iii) to finance future acquisitions; and (iv) to pay fees and expenses in connection with the transactions contemplated by this Agreement.
The proceeds of the Loans and the Letters of Credit will be used only as follows: (a) to refinance the Terminating Indebtedness and (b) for general corporate purposes not inconsistent with the terms hereof.
The Terminating Indebtedness shall have been fully repaid and all agreements and other documents with respect thereto shall have been canceled or terminated, and the Administrative Agent shall have received reasonably satisfactory evidence thereof or arrangements satisfactory to the Administrative Agent shall have been made by the Borrower and its Subsidiaries to accomplish the foregoing concurrently with the first Loans made hereunder.
The proceeds of the Loans will be used only as follows: (a) to refinance the Terminating Indebtedness and (b) for general corporate purposes not inconsistent with the terms hereof.

More Definitions of Terminating Indebtedness

Terminating Indebtedness collectively, the Indebtedness (together with all unpaid and accrued interest and fees and other unpaid sums) of the Borrower under the 364‑Day Credit Agreement, dated as of May 7, 2003, by and among the Borrower, the lenders party thereto, Bank One, NA, as syndication agent, WestLB, as documentation agent and BNY, as administrative agent, together with all agreements, instruments and other documents executed or delivered in connection therewith.

Terminating Indebtedness means all third party Indebtedness for borrowed money of Holdings and its Subsidiaries existing on the Closing Date (other than the Existing Letter of Credit and any letter of credit described on Scheduled 8.02) under that certain Credit Agreement, dated as of December 12, 2016 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time), by and among, Holdings, each Intermediate Parent, the Borrower, as borrower, the lenders from time to time party thereto, and BMO, as administrative agent and an issuing bank.

Terminating Indebtedness means Indebtedness outstanding on the Closing Date (prior to giving effect to the Transactions) under (i) that certain First Lien Credit Agreement, dated as of August 1, 2014 (as amended, restated, amended and restated, supplemented or otherwise modified prior to the Closing Date), entered into by and among inter alios the Borrower, the lenders from time to time party thereto and Credit Suisse as the administrative agent on behalf of such lenders and (ii) that certain Second Lien Credit Agreement, dated as of August 1, 2014 (as amended, restated, amended and restated, supplemented or otherwise modified prior to Closing Date), entered into by and among inter alios the Borrower, the lenders from time to time party thereto and Credit Suisse as the administrative agent on behalf of such lenders.

Terminating Indebtedness means all Indebtedness for borrowed money of Foundation and its subsidiaries under (a) the that certain ABL Credit Agreement, dated as of August 13, 2018 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time prior to the date hereof), by and among, inter alios, FBM Alpha LLC, a Delaware limited liability company (“FBM Alpha”), as holdings, Foundation Building Materials Holding Company LLC, a Delaware limited liability company (“FBMHC”), as the lead borrower, the other borrowers from time to time party thereto, as co-borrowers, the lenders from time to time party thereto and Bank of America, N.A., as administrative agent and collateral agent and (b) that certain Term Loan Credit Agreement, dated as of August 13, 2018 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time prior to the date hereof), by and among, inter alios, FBM Alpha, as holdings, FBMHC, as borrower, the lenders from time to time party thereto and Royal Bank of Canada, as administrative agent and collateral agent.

Terminating Indebtedness collectively, the Indebtedness (together with all unpaid and accrued interest and fees and other unpaid sums) of the Borrower under the 364-Day Credit Agreement, dated as of June 5, 2002, by and among the Borrower, the lenders party thereto, Bank One, NA, as syndication agent, WestLB AG, New York Branch (formerly, Westdeutsche Landesbank Girozentrale, New York Branch), as documentation agent, The Bank of Tokyo-Mitsubishi Ltd., as managing agent, Credit Suisse First Boston and Societe Generale, as co-agents, and BNY, as administrative agent, together with all agreements, instruments and other documents executed or delivered in connection therewith.

Terminating Indebtedness shall have the meaning set forth in Section 3.1(j). “Threshold Amount” shall mean, as of any day, an amount equal to the Revolving Credit Commitment, provided that the conditions set forth below are satisfied as of the most recent Fiscal Quarter for which the Bank has received the financial statements required by Sections 5.1(a) or 5.1(b) (starting with the Fiscal Quarter ending December 31, 2005); otherwise the Threshold Amount shall be equal to (x) until December 31, 2006, $3,900,000, and (y) thereafter, $3,500,000: (i) the Funded Debt to EBITDA Ratio shall be no greater that 2.0 to 1.0; (ii) the Net Tangible Assets shall be greater than or equal to $7,500,000; and (iii) the Borrower’s Unrestricted Cash shall be greater than or equal to $500,000. “Unrestricted Cash” shall mean cash or Cash Equivalents held by the Borrower or its Subsidiaries, free and clear of any Liens other than Permitted Liens. “Wholly Owned” shall mean, with respect to any Subsidiary of any Person, that 100% of the outstanding Capital Stock of such Subsidiary is owned, directly or indirectly, by such Person.

Terminating Indebtedness shall have the meaning set forth in Section 5.2(t).