Tranche B Indebtedness definition

Tranche B Indebtedness means the aggregate from time to time of: the amount of Tranche B outstanding; all accrued and unpaid interest on Tranche B; and all other sums of any nature (together with all accrued and unpaid interest on any of those sums) which from time to time may be payable by the B Borrowers to any of the Finance Parties under all or any of the Finance Documents.
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Tranche B Indebtedness shall have the meaning given to such term in Section 1.1 of the Intercreditor Agreement.
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Tranche B Indebtedness means the collective reference to all obligations, now existing or hereafter arising, owing by the Borrower and/or any or all of the Credit Parties and/or any of their affiliates to the Tranche B Lenders under or pursuant to the Operative Agreements (including, without limitation, interest accruing at the then applicable rates provided in the Operative Agreements after the maturity date and interest accruing at the then applicable rate provided in the Operative Agreements, fees, costs and expenses, in each case, after the commencement of any Bankruptcy Event or like proceeding, relating to the Borrower and/or any Credit Party (or would accrue or be payable but for the commencement of such proceeding), whether or not a claim for such post-filing or post-petition interest, fees, costs and expenses is allowed in such proceeding) whether direct or indirect, absolute or contingent, due or to become due, now existing or hereafter incurred, which may arise under, out of, or in connection with the Participation Agreement, the Lease Agreement, the Trust Agreement, or any of the other Operative Agreements, whether on account of principal, advanced amounts, interest, reimbursement obligations, fees, indemnities, costs, expenses or otherwise (including, without limitation, all fees and disbursements of counsel to the Agent or to the Tranche B Lenders that are required to be paid by the Borrower and/or the Credit Parties pursuant to the terms of the Operative Agreements. Without limiting the generality of the foregoing, the term "Tranche B Indebtedness" shall include, in addition and not in limitation, the obligations of any Credit Party to the Owner Trustee arising under or pursuant to the Lease (including, without limitation, for Rent and to pay the Termination Value, as such terms are defined therein), whether now existing or hereafter arising, whether absolute or contingent, and whether direct or indirect, which have been assigned as collateral to, and are subject to the security interest of the Agent (for the benefit of the Financing Parties) pursuant to the Security Documents to the extent of the interest of the Tranche B Lenders therein.
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Examples of Tranche B Indebtedness in a sentence

  • If, as a result of any such cancellation, the Tranche A Indebtedness or the Tranche B Indebtedness would exceed the relevant Tranche Maximum Amount, the Borrowers shall, on the Cancellation Date, prepay such amount of Tranche A or Tranche B as will ensure that the Tranche A Indebtedness and/or the Tranche B Indebtedness are not greater than the respective Tranche Maximum Amounts.

  • In all other circumstances, the covenants set forth in the Conventional Senior Debt (with the exception of Section 8.10 hereof, which section will not be replaced, amended, modified or waived without the written consent of Halliburton) shall apply to the Tranche B Indebtedness, subject, however, to Section 3.12 hereof.

  • Each Lender hereby authorizes the Agent to release the Liens on Brazos A-19 securing the Tranche B Indebtedness or the subordination as to the Liens on Brazos A-19 in accordance with the provisions of the preceding sentence.

  • Following the date on which the Tranche B Indebtedness and the Tranche B Loan Documents are assigned pursuant to Section 3.17, this provision shall not preclude an amendment to the Credit Agreement (excluding this Agreement) without any consent or involvement from the Tranche B Lenders.

  • At such time as all Tranche B Indebtedness has been paid in full in cash and satisfied, in the event any Holder or the Agent acting on behalf of the Holders shall receive any proceeds of the Tranche B Priority Collateral, it shall receive and hold the same in trust, as trustee, for the benefit of the Tranche A Lenders and shall immediately deliver the same to the Tranche A Lenders for application in accordance with the terms of the Operative Agreements.

  • As a result, there are a number of provisions in the Credit Agreement and this Agreement that need to be coordinated to better account for the fact that the same group of Lenders will be holding both the Tranche A Indebtedness and the Tranche B Indebtedness prior to the assignment contemplated pursuant to Section 3.17 hereof.

  • The maturity of Senior Obligations shall not be extended past December 31, 2003 or such date as the holders of the Tranche B Indebtedness and Halliburton agree to in writing.

  • The principal balance of the Tranche B Credit Facility shall not exceed an outstanding balance of the lesser of $50,000,000 or the amount determined in accordance with Section 6.2. The Tranche B Indebtedness will be subordinated to MOXY's Senior Debt (initially the Tranche A Indebtedness) on the basis set forth in the Tranche B Credit Facility.

  • In all other circumstances, the covenants set forth in the Conventional Senior Debt shall apply to the Tranche B Indebtedness, subject, however, to Section 3.12 hereof.

  • The Tranche B Indebtedness may be transferred by the Lenders only to one or more transferees who agree in writing to be bound by all of the provisions of Sections 3.03 through 3.18, including, without limitation, the transfer restrictions hereunder.


More Definitions of Tranche B Indebtedness

Tranche B Indebtedness shall include, in addition and not in limitation, the obligations of any Credit Party to the Owner Trustee arising under or pursuant to the Lease (including, without limitation, for Rent and to pay the Termination Value, as such terms are defined therein), whether now existing or hereafter arising, whether absolute or contingent, and whether direct or indirect, which have been assigned as collateral to, and are subject to the security interest of the Agent (for the benefit of the Financing Parties) pursuant to the Security Documents to the extent of the interest of the Tranche B Lenders therein.
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Tranche B Indebtedness shall have the meaning assigned such term in Annex I.
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Tranche B Indebtedness means any and all amounts owing or to be owing by the Borrower or any Restricted Subsidiary to the Agent and/or Lenders in connection with the Tranche B Loan Documents and the Tranche B Letters of Credit, and any Hedging Agreements now or hereafter arising between the Borrower or any Restricted Subsidiary and any Lender or any Affiliate of such Lender pertaining to the Tranche B Credit Facility and otherwise permitted by the terms of this Agreement and all renewals, refinancings, extensions and/or rearrangements of any of the above.
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Tranche B Indebtedness means all present and future obligations, contingent or otherwise, of the Issuer and the Subsidiary Guarantors to the Tranche B Lenders, including all indebtedness, guarantee obligations, indemnities, fees, expenses, interest payments and other amounts payable from time to time, arising under or pursuant to the Tranche B Loan Documents, including, in each case, interest, fees, costs and expenses accruing after the initiation of any Insolvency Proceeding (irrespective of whether allowed or recovered as a claim in such proceeding), and including the secured claims of the Tranche B Lenders arising under or pursuant to the Tranche B Loan Documents in respect of the Collateral in any Insolvency Proceeding.
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Related to Tranche B Indebtedness

  • Credit Facility Indebtedness means any and all amounts, whether outstanding on the Issue Date or thereafter Incurred, payable under or in respect of any Credit Facility, including without limitation principal, premium (if any), interest (including interest accruing on or after the filing of any petition in bankruptcy or for reorganization relating to the Company or any Restricted Subsidiary whether or not a claim for post-filing interest is allowed in such proceedings), fees, charges, expenses, reimbursement obligations, guarantees, other monetary obligations of any nature and all other amounts payable thereunder or in respect thereof.

  • Balloon Indebtedness means Long-Term Indebtedness, 25% or more of the original principal amount of which becomes due (either by maturity or mandatory redemption) during any consecutive twelve-month period, if such principal amount becoming due is not required to be amortized below such percentage by mandatory redemption or prepayment prior to such twelve-month period.

  • Related Indebtedness means any and all indebtedness paid or payable by Borrower to Administrative Agent or any Lender pursuant to any Loan Document other than any Note.

  • Refinanced Indebtedness shall have the meaning provided in the definition of the term “Permitted Refinancing Indebtedness”.

  • Unsecured Shorter-Term Indebtedness means, collectively, (a) any Indebtedness of an Obligor that is not secured by any assets of any Obligor and that does not constitute Unsecured Longer-Term Indebtedness and (b) any Indebtedness that is designated as “Unsecured Shorter-Term Indebtedness” pursuant to Section 6.11(a).

  • Refinance Indebtedness has the meaning assigned to such term in Section 6.01(f).

  • Designated Indebtedness has the meaning assigned to such term in the Guarantee and Security Agreement.

  • Senior Unsecured Indebtedness means Indebtedness that is not subordinated to any other Indebtedness and is not secured or supported by a guarantee, letter of credit or other form of credit enhancement.

  • Acquisition Indebtedness means any Indebtedness of the Loan Parties that has been issued for the purpose of financing, in part, the acquisition of an Acquired Entity or Business.

  • Permitted Convertible Indebtedness means any unsecured Indebtedness issued under the Convertible Senior Notes, and any refinancings or replacements thereof that is unsecured Indebtedness issued by the Borrower and/or guaranteed by a Loan Party; provided that (i) the amount of such Indebtedness is not increased at the time of such refinancing or replacement except by an amount equal to a reasonable premium or other reasonable amount paid, and fees and expenses reasonably incurred, in connection with such refinancing and by an amount equal to any existing commitments unutilized thereunder, and (ii) any Indebtedness in connection with a refinancing or a replacement thereof shall (A) not mature or require any payment of principal thereof prior to the date that is 91 days past the Maturity Date and (B) have covenants that are not more restrictive (taken as a whole) than those set forth herein; provided, further, that the conversion of Permitted Convertible Indebtedness, including any requirement or decision to pay cash upon any conversion of Permitted Convertible Indebtedness in lieu of all or any portion of the Equity Interests of the Borrower due upon conversion of such Permitted Convertible Indebtedness, and the requirement of the Borrower to repurchase Permitted Convertible Indebtedness prior to its stated maturity date upon a fixed date or upon the occurrence of a fundamental change (which would include customary change of control provisions or a termination of trading of the Borrower’s common stock on the exchange on which it is then listed), shall not constitute a maturity or the requirement of any payment of principal of such Permitted Convertible Indebtedness prior to the date that is 91 days past the Maturity Date hereunder for purposes of this definition.

  • Applicable Indebtedness has the meaning specified in the definition of “Weighted Average Life to Maturity.”

  • Convertible Indebtedness means Indebtedness of the Parent that is convertible into common Equity Interests of the Parent (and cash in lieu of fractional shares) and/or cash (in an amount determined by reference to the price of such common Equity Interests).

  • Second Lien Indebtedness means the Indebtedness of the Loan Parties owing to the Second Lien Agent and the Second Lien Lenders under the Second Lien Credit Agreement, which Indebtedness is on terms and conditions reasonably acceptable to the Collateral Agent.

  • First Lien Indebtedness means Consolidated Total Indebtedness that is secured by a Lien on the Collateral, except by a Lien that is junior to the Liens on the Collateral securing the First Lien Obligations.

  • Secured Longer-Term Indebtedness means, as at any date, Indebtedness for borrowed money (other than Indebtedness hereunder) of the Borrower (which may be Guaranteed by Subsidiary Guarantors) that (a) has no amortization (other than for amortization in an amount not greater than 1% of the aggregate initial principal amount of such Indebtedness per annum (or an amount in excess of 1% of the aggregate initial principal amount of such Indebtedness per annum on terms mutually agreeable to the Borrower and the Required Lenders)) or mandatory redemption, repurchase or prepayment prior to, and a final maturity date not earlier than, six months after the Maturity Date; (b) is incurred pursuant to documentation containing (i) financial covenants, covenants governing the borrowing base, if any, covenants regarding portfolio valuations, and events of default that are no more restrictive in any respect than those set forth in this Agreement (other than, if such Indebtedness is governed by a customary indenture or similar instrument, events of default that are customary in indentures or similar instruments and that have no analogous provisions in this Agreement or credit agreements generally) (provided that, upon the Borrower’s request, this Agreement will be deemed to be automatically amended (and, upon the request of the Administrative Agent or the Required Lenders, the Borrower and the Lenders shall enter into a document evidencing such amendment), mutatis mutandis, to make such covenants more restrictive in this Agreement as may be necessary to meet the requirements of this clause (b)(i)) and (ii) other terms (other than interest and any commitment or related fees) that are no more restrictive in any material respect than those set forth in this Agreement; and (c) ranks pari passu with the obligations under this Agreement and is not secured by any assets of any Person other than any assets of any Obligor pursuant to the Security Documents and the holders of which, or the agent, trustee or representative of such holders on behalf of and for the benefit of such holders, have agreed to be bound by the provisions of the Security Documents in a manner reasonably satisfactory to the Administrative Agent and the Collateral Agent. For the avoidance of doubt, (a) Secured Longer-Term Indebtedness shall also include any refinancing, refunding, renewal or extension of any Secured Longer-Term Indebtedness so long as such refinanced, refunded, renewed or extended Indebtedness continues to satisfy the requirements of this definition and (b) any payment on account of Secured Longer-Term Indebtedness shall be subject to Section 6.12.

  • Unsecured Longer-Term Indebtedness means any Indebtedness for borrowed money of an Obligor that (a) has no amortization, or mandatory redemption, repurchase or prepayment prior to, and a final maturity date not earlier than, six months after the Maturity Date (it being understood that customary put rights or repurchase or redemption obligations (x) in the case of convertible securities, in connection with the suspension or delisting of the capital stock of the Borrower or the failure of the Borrower to satisfy a continued listing rule with respect to its capital stock or (y) arising out of circumstances that would constitute a “fundamental change” (as such term is customarily defined in convertible note offerings) or be Events of Default under this Agreement shall not be deemed to be “amortization”, “mandatory redemption”, “repurchase”, “prepayment” or a “final maturity date” for purposes of this definition), (b) is incurred pursuant to documentation containing financial covenants, covenants governing the borrowing base, if any, and portfolio valuation, and events of default that are no more restrictive than those set forth in this Agreement, and other terms substantially comparable to market terms for substantially similar debt of other similarly situated borrowers as reasonably determined in good faith by the Borrower (it being understood that customary put rights or repurchase or redemption obligations (x) in the case of convertible securities, in connection with the suspension or delisting of the capital stock of the Borrower or the failure of the Borrower to satisfy a continued listing rule with respect to its capital stock or (y) arising out of circumstances that would constitute a “fundamental change” (as such term is customarily defined in convertible note offerings) or be Events of Default under this Agreement shall not be deemed to be more restrictive for purposes of this definition), and (c) is not secured by any assets of any Obligor. For the avoidance of doubt, (a) Unsecured Longer-Term Indebtedness shall also include any refinancing, refunding, renewal or extension of any Unsecured Longer-Term Indebtedness so long as such refinanced, refunded, renewed or extended Indebtedness continues to satisfy the requirements of this definition and (b) any payment on account of Unsecured Longer-Term Indebtedness shall be subject to Section 6.12.

  • Company Indebtedness means all indebtedness of the Company (including without limitation, any loans, advances, letters of credit, bank overdrafts, capital lease obligations and all other indebtedness of any kind including interest, principal and fees).

  • Outstanding Indebtedness means the aggregate of the Loan and interest accrued and accruing thereon, the Master Swap Agreement Liabilities, the Expenses and all other sums of money from time to time owing by the Borrowers to the Mortgagee and/or any of the Secured Creditors, whether actually or contingently, present or future, under or pursuant to the Loan Agreement, the Master Swap Agreement, the Security Documents or any of them;

  • Unsecured Indebtedness means Indebtedness which is not Secured Indebtedness.

  • Public Indebtedness means any payment obligation, including any contingent liability, of any person arising from bonds, debentures, notes or other securities that (A) are, or were intended at the time of issuance to be, quoted, listed or traded on any securities exchange or other securities market (including, without limiting the generality of the foregoing, securities eligible for resale pursuant to Rule 144A under the U.S. Securities Act of 1933, as amended (or any successor law or regulation of similar effect)) and (B) have an original maturity of more than one year or are combined with a commitment so that the original maturity of one year or less may be extended at the option of Mexico to a period in excess of one year;

  • Consolidated First Lien Indebtedness means Consolidated Indebtedness that is secured by a first priority Lien (other than Permitted Liens) on assets of any Borrower or Restricted Subsidiary.

  • Senior Secured Indebtedness means, with respect to any Person as of any date of determination, any Specified Indebtedness; provided that such Indebtedness is in each case secured by a Lien on the assets of the Issuer or its Restricted Subsidiaries on a basis pari passu with or senior to the security in favor of the Notes.

  • Credit Agreement Refinancing Indebtedness means (a) Permitted First Priority Refinancing Debt, (b) Permitted Junior Lien Refinancing Debt, (c) Permitted Unsecured Refinancing Debt or (d) Indebtedness incurred or Other Revolving Commitments obtained pursuant to a Refinancing Amendment, in each case, issued, incurred or otherwise obtained (including by means of the extension or renewal of existing Indebtedness) in exchange for, or to extend, renew, replace or refinance, in whole or part, existing Term Loans, outstanding Revolving Loans or (in the case of Other Revolving Commitments obtained pursuant to a Refinancing Amendment) Revolving Commitments, outstanding loans under any Incremental Revolving Facility or undrawn commitments under any Incremental Revolving Facility (“Refinanced Debt”); provided that (i) such extending, renewing, replacing or refinancing Indebtedness (including, if such Indebtedness includes any Other Revolving Commitments, the unused portion of such Other Revolving Commitments) is in an original aggregate principal amount not greater than the sum of the aggregate principal amount of the Refinanced Debt (and, in the case of Refinanced Debt consisting, in whole or in part, of unused commitments under any Incremental Revolving Facility or Other Revolving Commitments, the amount thereof) plus all accrued and unpaid interest and fees thereon and expenses incurred in connection with such extension, renewal, replacement or refinancing, (ii) such Indebtedness has a maturity that is equal to or later than and, except in the case of Other Revolving Commitments, a Weighted Average Life to Maturity equal to or greater than the Refinanced Debt, and (iii) such Refinanced Debt shall be repaid, defeased or satisfied and discharged, and all accrued interest, fees and premiums (if any) in connection therewith shall be paid, on the date such Credit Agreement Refinancing Indebtedness is issued, incurred or obtained; provided that to the extent that such Refinanced Debt consists, in whole or in part, of commitments under any Incremental Revolving Facility or Other Revolving Commitments (or loans incurred pursuant to any Incremental Revolving Facility or Other Revolving Loans), such commitments shall be terminated, and all accrued fees in connection therewith shall be paid, on the date such Credit Agreement Refinancing Indebtedness is issued, incurred or obtained.

  • Permitted Pari Passu Secured Refinancing Debt means any secured Indebtedness (including any Registered Equivalent Notes) incurred by a Borrower in the form of one or more series of senior secured notes; provided, that (a) such Indebtedness is secured by the Collateral on a pari passu basis (but without regard to the control of remedies) with the Obligations and is not secured by any property or assets of Parent or Restricted Subsidiary other than the Collateral, (b) such Indebtedness is not at any time guaranteed by any Subsidiaries other than Subsidiaries that are Guarantors, (c) such Indebtedness, (i) unless incurred as a term loan under this Agreement, does not mature or have scheduled amortization or payments of principal (other than customary offers to repurchase upon a change of control, asset sale or event of loss and a customary acceleration right after an event of default) prior to the date that is the Latest Maturity Date at the time such Indebtedness is incurred or issued, and (ii) if incurred as a term loan under this Agreement, does not mature earlier than, or have a Weighted Average Life to Maturity shorter than, the applicable Refinanced Debt, (d) the security agreements relating to such Indebtedness (to the extent such Indebtedness is not incurred hereunder) are substantially the same as or more favorable to the Loan Parties than the Collateral Documents (with such differences as are reasonably satisfactory to the Administrative Agent), (e) to the extent such Indebtedness is not incurred hereunder, a Representative acting on behalf of the holders of such Indebtedness shall have become party to or otherwise subject to the provisions of an Intercreditor Agreement with the Administrative Agent and (f) such Indebtedness, if consisting of Refinancing Notes, satisfies clause (d) of the definition of Permitted Other Debt Conditions. Permitted Pari Passu Secured Refinancing Debt will include any Registered Equivalent Notes issued in exchange therefor.

  • Settlement Indebtedness means any payment or reimbursement obligation in respect of a Settlement Payment.

  • Additional Indebtedness means any Additional Specified Indebtedness that (1) is secured by a Lien on Collateral and is permitted to be so secured by: