Consolidated Funded Indebtedness

Consolidated Funded Indebtedness. Means, as of any date of determination, for the Borrower and its Subsidiaries on a consolidated basis, the sum of (a) the outstanding principal amount of all obligations, whether current or long-term, for borrowed money (including outstanding Loans) and all obligations evidenced by bonds, debentures, notes, loan agreements or other similar instruments, (b) all purchase money Indebtedness, (c) all matured obligations then owed by the Borrower or any Subsidiary under or with respect to letters of... credit (including standby and commercial), bankers' acceptances, bank guaranties, surety bonds and similar instruments (i.e., excluding letters of credit, bankers' acceptances, bank guaranties, surety bonds and similar instruments that have not been drawn upon), (d) all obligations in respect of the deferred purchase price of property or services (other than trade accounts payable in the ordinary course of business), (e) Attributable Indebtedness in respect of Capital Leases and Synthetic Lease Obligations, (f) all Indebtedness of the Borrower or any Subsidiary of the type referred to in clause (h) of the definition of "Indebtedness" in this Agreement, (g) without duplication, all Guarantees with respect to outstanding Indebtedness of the types specified in clauses (a) through (f) above of Persons other than the Borrower or any Subsidiary, and (h) all Indebtedness of the types referred to in clauses (a) through (g) above of any partnership or joint venture (other than a joint venture that is itself a corporation or limited liability company) in which the Borrower or a Subsidiary is a general partner or joint venturer, unless such Indebtedness is expressly made non-recourse to the Borrower or such Subsidiary; provided that, notwithstanding the foregoing, principal or similar amounts outstanding under any Permitted Receivables Financing (whether or not on the balance sheet of the Borrower or any of its Subsidiaries) shall be excluded from Consolidated Funded Indebtedness. View More

Consolidated Funded Indebtedness. (c) all direct obligations arising under letters of credit (including standby and commercial), bankers' acceptances, bank guaranties, surety bonds and similar instruments (and, as to any of the foregoing instruments, less the amount then cash-collateralized on commercially reasonable and customary terms),

Consolidated Funded Indebtedness. As at any date, the total of all Funded Indebtedness of the Company and its Consolidated Subsidiaries outstanding on such date, after eliminating all offsetting debits and credits between the Company and its Consolidated Subsidiaries and all other items required to be eliminated in the course of the preparation of consolidated financial statements of the Company and its Consolidated Subsidiaries in accordance with GAAP.

Consolidated Funded Indebtedness. Notwithstanding the foregoing, solely for the period from the Amendment No. 1 Effective Date to the first Business Day after the date that the Isle Acquisition is consummated, in connection with any calculation of the Consolidated Total Leverage Ratio for purposes of compliance with Section 9.14(a), this definition of Consolidated Funded Indebtedness shall exclude any portion of a Revolving Credit Loan or Swingline Loan that is used (i) to pay Transaction Costs related to the Isle of Capri... Acquisition and Financing or (ii) to make investments in Acquisition Co. to the extent necessary to fund Additional Escrow Deposits in respect of the Facilities and the Notes while the proceeds of the Facilities and the Notes are held in the Bank Escrow Account and/or the Notes Escrow Account, as applicable, in connection with the Financing; provided, however, that commencing on the first Business Day after the date that the Isle Acquisition is consummated, no portion of any Revolving Credit Loan or Swingline Loan used pursuant to clauses (i) and (ii) above shall be excluded from this definition. View More