Indebtedness

Indebtedness. Shall mean any indebtedness of Payor, whether or not contingent, (1) in respect of borrowed money; (2) evidenced by bonds, notes, debentures or similar instruments or letters of credit (or reimbursement agreements in respect thereof); (3) in respect of banker's acceptances; (4) representing Capital Lease Obligations; (5) representing the balance deferred and unpaid of the purchase price of any property, except any such balance that constitutes an accrued expense or trade payable; or (6)... representing any Hedging Obligations, if and to the extent any of the preceding items (other than letters of credit and Hedging Obligations) would appear as a liability upon a balance sheet of Payor prepared in accordance with GAAP. In addition, the term "INDEBTEDNESS" includes all Indebtedness of others secured by 8 a Lien on any asset of Payor (whether or not such Indebtedness is assumed by Payor) and, to the extent not otherwise included, a Guarantee by Payor of any Indebtedness of any other Person. The amount of any Indebtedness outstanding as of any date will be: (1) the accreted value of the Indebtedness, in the case of any Indebtedness issued with original issue discount; (2) the principal amount of the Indebtedness, together with any interest on the Indebtedness that is more than 30 days past due, in the case of any other Indebtedness; (3) the lesser of the Indebtedness and the fair market value of the collateral asset, in the case of any Indebtedness of others secured by a Lien on any asset of Payor; and (4) the lesser of the primary Indebtedness and any stated limit on recourse under the Guarantee, in the case of Indebtedness of others secured by a guarantee of the specified Person. View More

Indebtedness. Shall mean all obligations of the Borrowers to any person or entity, howsoever created, arising or evidenced, whether direct or indirect, absolute or contingent, or now or hereafter existing, or due or to become due, and all principal, interest, taxes, fees, charges, expenses and reasonable attorneys' fees, chargeable to the Borrowers pursuant to any agreement evidencing such Indebtedness.

Indebtedness. Shall mean, as applied to Consignee, (i) all obligations for borrowed money or other extensions of credit whether or not secured or unsecured, absolute or contingent, including, without limitation, unmatured reimbursement obligations with respect to letters of credit or guarantees issued for the account of or on behalf of Consignee and all obligations representing the deferred purchase price of property, other than accounts payable arising in the ordinary course of business, (ii) all... obligations evidenced by bonds, notes, debentures or others similar instruments, (iii) all obligations secured by any mortgage, pledge, security interest or other lien on property owned or acquired by Consignee whether or not the obligations secured thereby shall have been assumed, including but not limited to obligations to the Second Insurance Companies and the Third Insurance Companies, (iv) that portion of all obligations arising under capital leases that is required to be capitalized or: the balance sheet of Consignee, (y) all Guarantees, (vi) all obligations with respect to Precious Metal leased or consigned to Consignee, including but not limited to obligations pursuant to this Agreement, and (vii) all obligations that are immediately due and payable cut of the proceeds of or production from property now or hereafter owned or acquired by Consignee. View More

Indebtedness. Means (i) all indebtedness (including any current portion) for borrowed money or for the deferred purchase price of property or services (other than current trade liabilities incurred in the ordinary course of business and payable in accordance with customary practices), (ii) any other indebtedness (including any current portion) that is evidenced by a note, bond, debenture or similar instrument, (iii) all obligations (including any current portion) under financings (other than operating... leases), (iv) all liabilities secured by any Encumbrances on any property, and (v) all guarantee obligations. 4 View More

Indebtedness. Such obligations as Pledgor shall have to Pledgee for all amounts paid or payable pursuant to the Guarantee.

Indebtedness. Means, with respect to any Person, any amount payable by such Person pursuant to an agreement or instrument involving or evidencing money borrowed or received, the advance of credit, a conditional sale or a transfer with recourse or with an obligation to repurchase, pursuant to a lease with substantially the same economic effect as any such agreement or instrument, or any such agreement, instrument or arrangement secured by any lien or other encumbrance upon any property owned by such Person,... even though such Person has not assumed or become liable for the payment of any money under such agreement, instrument or arrangement, to which such Person is a party as debtor, borrower or guarantor. View More

Indebtedness. Of any Person means all liabilities, obligations and reserves, contingent or otherwise, of such Person.

Indebtedness. Means all obligations and indebtedness of Pledgor to Pledgee under the Notes, all obligations of Pledgor to reimburse Pledgee for payments made by Pledgee at any time or from time to time for the preservation and/or protection of the Collateral, and all obligations or undertakings under Section 10 of the Purchase Agreement including, without limitation, all obligations of Pledgor under this Pledge or otherwise to immediately pay to Pledgee all interest and other sums payable in connection with... any of the foregoing. For the avoidance of doubt, the term "Indebtedness" shall not include Indebtedness (as defined in the Pledge Agreement, dated April 27, 2001, made by Pledgor in favor of Pledgee (the "April 2001 Pledge Agreement")). View More

Indebtedness. All outstanding amounts evidenced by Facility A Note and the Facility B Note, together with all other amounts due, or which may become due, including but not limited to interest, under this Agreement or any of the Loan Documents. Such Indebtedness shall include, without limitation, the following: (a) all Advances under the Facility A Note and the Facility B Note; (b) the principal amount of the Facility A Note; all interest which accrues on any such indebtedness,... until payment of such indebtedness in full, including, without limitation, all interest provided for under this Agreement or any other Loan Documents; (c) all other monies payable by Grantor, and all obligations and agreements of Grantor to Lender; (d) all debts owed, or to be owed, by Grantor to others which Lender has obtained, or may obtain, by assignment or otherwise, including, without limitation, debts acquired by Lender from its affiliates that arise either (i) from negative balances which may 1 exist from time to time in any operating, deposit or other account maintained with such affiliate of Lender, or (ii) under any credit card line of credit established by such affiliate of Lender for Grantor; (e) all monies payable by any Third Party, and all obligations and agreements of any Third Party to Lender, pursuant to any of the Loan Documents; and (f) all monies due, and to become due, in any way under the Loan Documents. View More

Indebtedness. With respect to any specified Person, any indebtedness of such Person, whether or not contingent (i) in respect of borrowed money; (ii) evidenced by bonds, notes, debentures or similar instruments or letters of credit (or reimbursement agreements in respect thereof); (iii) in respect of banker's acceptances; or (iv) representing any Hedging Obligations. In addition, the term "Indebtedness" shall include the Guarantee by the specified Person of any Indebtedness of any other Person.