Terminating Indebtedness definition

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

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 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 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 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 shall be used by the Borrower solely (i) to refinance the Terminating Indebtedness, (ii) to pay fees and expenses in connection with the transactions contemplated by this Agreement, and (iii) to provide working capital for the Borrower.

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 has the meaning given to such term in Section 3.1(h).

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 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 all Indebtedness of the Borrower or any of its Subsidiaries as of the Closing Date other than Indebtedness permitted under Section 7.2.

Terminating Indebtedness collectively, the Indebtedness (together with all unpaid and accrued interest and fees and other unpaid sums) of the Borrower under each of (I) the First Amended and Restated 364-Day Credit Agreement, dated as of May 31, 2001, as amended, by and among the Borrower, the lenders party thereto, Bank One, NA (Main Office Chicago), as syndication agent, Westdeutsche Landesbank Girozentrale, New York Branch, as documentation agent, Fleet National Bank, as managing agent, and BNY, as agent, and (ii) the Second Amended and Restated Revolving Credit Agreement, dated as of May 31, 2001, as amended, by and among the Borrower, the lenders party thereto, Bank One, NA (Main Office chicago), as syndication agent, Westdeutsche Landesbank Girozentrale, New York Branch, as documentation agent, Fleet National Bank, as managing agent, and BNY, as agent, in each case together with all agreements, instruments and other documents executed or delivered in connection therewith.

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.