Indebtedness

Indebtedness. Means, without duplication (a) all indebtedness of the Company and its Subsidiaries to the Bank for borrowed money, accrued and unpaid interest, and fees imposed by contract in respect of the borrowed money; (b) all guaranties or other contingent obligations of any kind of the Company and its Subsidiaries in respect of the Indebtedness referred to in clause (a), above; and (c) all Indebtedness of the type referred to in clause (a) or (b) above secured by (or for which the holder of such... Indebtedness has an existing right, contingent or otherwise to be secured by) any Lien upon or interest in property owned by the Company and its Subsidiaries, even though they have not assumed or become liable for the payment of such Indebtedness View More

Indebtedness. Shall mean at any date, without duplication, (a) all indebtedness of such Person for borrowed money, (b) all obligations of the Company or its Subsidiaries for the deferred purchase price of Property or services (other than trade payables incurred in the ordinary course of the Company's or its Subsidiaries' business), (c) all obligations of the Company or its Subsidiaries evidenced by notes, bonds, debentures or other similar instruments, (d) all indebtedness created or arising under any... conditional sale or other title retention agreement with respect to Property acquired by the Company or its Subsidiaries (even though the rights and remedies of the seller or lender under such agreement in the event of default are limited to repossession or sale of such Property, provided that, in such event, the amount of such Indebtedness shall be deemed to be the value of the Property covered by such agreement), and (e) all Capital Lease Obligations or Synthetic Lease Obligations of the Company or its Subsidiaries. For purposes of clarification, "Indebtedness" shall not include accounts payable or accrued operating expenses of the Company or any of its Subsidiaries. View More

Indebtedness. Shall have the meaning ascribed to such term in the Certificate of Designations (as in effect on the date hereof).

Indebtedness. Means the debt obligation evidenced by the Promissory Notes.

Indebtedness. As to Company, (a) all obligations for borrowed money (including, without limitation, reimbursement and all other obligations with respect to surety bonds, letters of credit and bankers' acceptances, whether or not matured), (b) all obligations to pay the deferred purchase price of property or services, (c) all interest rate and currency swaps, caps, collars and similar agreements or hedging devices under which payments are obligated to be made by Company, whether periodic-ally or upon the... happening of a contingency, (d) all indebtedness created or arising under any conditional sale or other title retention agreement with respect to property acquired by Company (even though the rights and remedies of the seller or lender under such agreement in the event of default are limited to repossession or sale of such property), (e) all obligations under leases which have been or should be, in accordance with GAAP, recorded as capital leases, (f) all indebtedness secured by any Encumbrance (other than Encumbrances in favor of lessors under leases other than leases included in clause (e)) on any property or asset owned or held by Company regardless of whether the indebtedness secured thereby shall have been assumed by Company or is non-recourse to the credit of Company, and (g) any direct or indirect liability with respect to any Indebtedness, lease, dividend, guaranty, letter of credit or other obligation, contractual or otherwise (the "Primary Obligation") of another Person (the "Primary Obligor"), whether or not contingent, (i) to purchase, repurchase or otherwise acquire such Primary Obligations or any property constituting direct or indirect security therefor, (ii) to advance or provide funds (x) for the payment or discharge of any such Primary Obligation, or (y) to maintain working capital or equity capital of the Primary Obligor or otherwise to maintain the net worth or solvency or any balance sheet item, level of income or financial condition of the Primary Obligor, (iii) to purchase property, securities or services primarily for the purpose of assuring the owner of any such Primary Obligation of the ability of the Primary Obligor to make payment of such Primary Obligation, or (iv) otherwise to assure or hold harmless the owner of any such Primary Obligation against loss or failure or inability to perform in respect thereof. 2 View More

Indebtedness. Means all of the following: (a) the payment of the Promissory Note and all interest, late charges, prepayment premium, interest rate swap or hedge expenses (if any), reimbursement obligations, and other indebtedness evidenced by or owing under this Agreement, the Promissory Note, the Credit Agreement, or any of the other Loan Documents, and any interest rate swap or hedge agreement now or hereafter entered into between either Borrower and Secured Party, together with any extensions,... modifications, renewals or re-financings of any of the foregoing; (b) the performance and observance of the covenants, conditions, agreements, representations, warranties and other liabilities and obligations of Borrower or any other obligor to or benefiting Secured Party which are evidenced or secured by or otherwise provided in this Agreement, the Credit Agreement, the Promissory Note, or any of the other Loan Documents; (c) the reimbursement to Secured Party of any and all sums incurred, expended or advanced by Secured Party pursuant to any term or provision of or constituting additional indebtedness under or secured by this Agreement, the Credit Agreement, the Promissory Note, any of the other Loan Documents or any interest rate agreements, with interest thereon as provided herein or therein, and (d) all other obligations owing under this Agreement, the Credit Agreement, the Promissory Note, or any of the other Loan Documents. View More

Indebtedness. Means (a) all obligations of the Corporation or any Subsidiary for borrowed money or with respect to deposits or advances of any kind, (b) all obligations of the Corporation or any of its Subsidiaries evidenced by bonds, debentures, notes or similar instruments, (c) all letters of credit and letters of guaranty in respect of which the Corporation or any of its Subsidiaries is an account party, (d) all securitization or similar facilities of the Corporation or any of its Subsidiaries, and (e)... all guarantees by the Corporation or any of its Subsidiaries of any of the foregoing. View More

Indebtedness. Shall mean the Loan Obligations and all other indebtedness and obligations (whether represented by notes, debentures, or debt securities) for the payment of borrowed money or extensions of credit which are due from Borrower to Lender or any other Person, including, without limitation, amounts of principal, interest, advances, costs of collection, attorney's fees and other expenses, whether such amounts are now due or hereafter incurred, directly or indirectly, and whether such amounts are from... time to time reduced and thereafter increased or entirely extinguished and thereafter reincurred. View More

Indebtedness. As to any Person means (a) all obligations of such Person for borrowed money, (b) all obligations of such Person evidenced by bonds, debentures, notes, or other similar instruments and all reimbursement or other obligations in respect of letters of credit, bankers acceptances, or other financial products, (c) with respect to any lease that has been or is required to be, in accordance with GAAP, recorded as a capital or financing lease (excluding, for the avoidance of doubt, an operating lease),... the capitalized amount thereof that would appear on a balance sheet of such Person in accordance with GAAP, (d) all obligations or liabilities of Indebtedness of others secured by a Lien on any asset of such Person, irrespective of whether such obligation or liability is assumed, (e) all obligations of such Person to pay the deferred purchase price of assets (other than trade payables incurred in the ordinary course of business and repayable in accordance with customary trade practices and not more than sixty (60) days past due), (f) all monetary obligations of such Person owing under hedge agreements or similar instruments, (g) equity interests issued by such Person that, by their terms (or by the terms of any security into which they are convertible or for which they are exchangeable), or upon the happening of any event or condition (i) mature or are mandatorily redeemable, (ii) are redeemable at the option of the holder thereof or (iii) provide for scheduled payments of dividends in cash, and (h) any obligation of such Person guaranteeing (whether directly or indirectly guaranteed, endorsed, co-made, discounted, or sold with recourse) any obligation of any other Person that constitutes Indebtedness under any of clauses (a) through (g) above. View More

Indebtedness. Means, (without double counting), at any time and with respect to any Person, (i) indebtedness of such Person for borrowed money (whether by loan or the issuance and sale of debt securities) or for the deferred purchase price of property or services purchased (other than amounts constituting trade payables (payable within ninety (90) days), (ii) obligations of such Person in respect of letters of credit, acceptance facilities, or drafts or similar instruments issued or accepted by banks and... other financial institutions for the account of such Person, (iii) obligations of such Person under capital leases and any financing lease involving substantially the same economic effect, (iv) deferred payment obligations of such Person resulting from the adjudication or settlement of any litigation to the extent not already reflected as a current liability on the balance sheet of such Person, and (v) indebtedness of others of the type described in clauses (i) through (iv) hereof which such Person has (a) directly or indirectly assumed or guaranteed in connection with a guaranty, or (b) secured by a lien on the assets of such Person, whether or not such Person has assumed such indebtedness. View More