Underlying Debt definition

Underlying Debt means, in relation to a Loan Party and at any given time, each Obligation (whether present or future, actual or contingent) owing by such Loan Party to a Finance Party under the Loan Documents (including, for the avoidance of doubt, any change or increase in those obligations pursuant to or in connection with any amendment or supplement or restatement or novation of any Loan Document, in each case whether or not anticipated as of the date of this Agreement) excluding that Loan Party’s Dutch Parallel Debt.

Underlying Debt means in relation to the Company or any Note Guarantor and at any time, each obligation (whether present or future, actual or contingent) owing by the Company or such Note Guarantor to a First Lien Notes Secured Party under this Indenture, the Notes or the Collateral Documents (including for the avoidance of doubt any change or increase in those obligations pursuant to or in connection with any amendment or supplement or restatement or novation of this Indenture, the Notes or any Collateral Document, in each case whether or not anticipated as of the date of this Indenture) excluding the Company’s or such Note Guarantor’s Parallel Debt or German Parallel Debt, as applicable.

Underlying Debt means, in relation to the Issuer or any Guarantor and at any time, each obligation (whether present or future, actual or contingent) owing by the Issuer or such Guarantor to a Notes Secured Party under this Indenture, the Securities, the Guarantees or the Security Documents (including for the avoidance of doubt any change or increase in those obligations pursuant to or in connection with any amendment or supplement or restatement or novation of this Indenture, the Securities, the Guarantees or any Collateral Document, in each case whether or not anticipated as of the date of this Indenture).

Examples of Underlying Debt in a sentence

• Such successor corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the Company, any or all of the Underlying Debt Securities issuable pursuant to the terms hereof.

• In case of any such consolidation, merger, conveyance or transfer, such changes in phraseology and form (but not in substance) may be made in the Underlying Debt Securities thereafter to be issued as may be appropriate.

• All the Underlying Debt Securities so issued shall in all respects have the same legal rank and benefit under the Indenture as the Underlying Debt Securities theretofore or thereafter issued in accordance with the terms of this Agreement and the Indenture.

• The Company will furnish to the Debt Warrant Agent sufficient copies of a prospectus or prospectuses relating to the Underlying Debt Securities deliverable upon exercise of any outstanding Debt Warrants (each a "Prospectus"), and the Debt Warrant Agent agrees to deliver to the Holder of a Debt Warrant, prior to or concurrently with the delivery of the Underlying Debt Securities issued upon the exercise thereof, a copy of the Prospectus relating to such Underlying Debt Securities.

• Except as may be provided in a Debt Warrant Certificate, the date on which such Debt Warrant Certificate and payment are received by the Debt Warrant Agent as aforesaid shall be deemed to be the date on which the Debt Warrant is exercised and the Underlying Debt Securities are issued.

More Definitions of Underlying Debt

Underlying Debt shall have the meaning set forth in Section 3.

Underlying Debt means, in relation to the Borrower and each Guarantor and at any given time, each obligation (whether present or future, actual or contingent) owing by the Borrower or any Guarantor to a Lender under the Loan Documents (including, for the avoidance of doubt, any change or increase in those obligations pursuant to or in connection with any amendment or supplement or restatement or novation of any Loan Document, in each case whether or not anticipated as of the date of this Agreement) excluding the Borrower’s and each Guarantor’s Dutch Parallel Debts.

Underlying Debt means, in relation to the Borrower and at any given time, each obligation (whether present of future, actual or contingent) owing by the Borrower to a Lender under the Loan Documents (including, for the avoidance of doubt, any change or increase in those obligations pursuant to or in connection with any amendment or supplement or restatement or novation of any Loan Document, in each case whether or not anticipated as of the date of this Agreement) excluding the Borrower’s Dutch Parallel Debts.

Underlying Debt means, in relation to each of the obligors and at any given time, each obligation (whether present or future, actual or contingent) owing by that obligor to a Secured Party under any of the Notes and/or this Indenture (the “Secured Agreements”) (including, for the avoidance of doubt, any change or increase in those obligations pursuant to or in connection with any amendment or supplement or restatement or novation of any Note or this Indenture, in each case whether or not anticipated as of the date of this Indenture) excluding that obligor’s Parallel Debts; provided that only Notes and other obligations under this Indenture that are designated as “Additional Secured Obligations” under and in accordance with the Collateral Agency Agreement shall constitute Underlying Debt.

Underlying Debt has the meaning assigned to such term in Section 3.

Underlying Debt means, in relation to the Issuer or any Guarantor and at any time, each obligation (whether present or future, actual or contingent) owing by the Issuer or such Guarantor to a Notes Secured Party under this Indenture, the Securities or the Guarantees (including, for the avoidance of doubt, any change or increase in those obligations pursuant to or in connection with any amendment or supplement or restatement or novation of this Indenture, the Securities or the Guarantees, in each case whether or not anticipated as of the date of this Indenture).

Underlying Debt means, in relation to a Grantor and at any given time, such Grantor’s Obligations (excluding such Grantor’s Dutch Parallel Debts).