Indebtedness

Indebtedness. With respect to any Person, without duplication, (i) all indebtedness of such Person for borrowed money, (ii) all obligations of such Person for the deferred purchase price of assets or services acquired by such Person which, in accordance with GAAP, would be shown on the liability side of the balance sheet of such Person, (iii) all obligations of such Person under or evidenced by bonds, debentures, notes or other similar instruments or upon which interest payments are customarily made, (iv)... all obligations and liabilities, contingent or otherwise, of such Person in respect of letters of credit, acceptances and similar facilities, including, without duplication, all drafts drawn thereunder, (v) all obligations of the kind referred to in clauses (i) through (iv) and (vi) through (viii) of this definition secured by any lien on any property owned by such Person whether or not owing by such Person and even though such Person has not assumed or become liable for payment thereof, (vi) all Capitalized Lease Obligations of such Person, (vii) all obligations and liabilities of such Person created or arising under any conditional sales or other title retention agreement with respect to property used and/or acquired by such Person, even though the rights and remedies of the lessor, seller and/or lender thereunder are limited to repossession or sale of such property, or agreements to pay a specified purchase price for goods or services whether or not delivered or accepted, i.e., take-or-pay and similar obligations, (viii) solely for purposes of Section 11(a)(iii), contingent obligations of such Person under ‘any Hedging Agreements, as calculated in accordance with. accepted practice, (ix) all obligations referred to in clauses (i) through (viii) of this definition of another Person (a) guaranteed directly or indirectly in any manner by such Person or (b) 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 in any property owned by such Person; provided, however, that the term Indebtedness shall not include (y) trade payables (including trade letters of credit issued for the account of such Person in the ordinary course of its business, but excluding drafts drawn thereunder or any reimbursement obligations in respect thereof) or accrued expenses, in each case arising in the ordinary course of business and not more than 60 days delinquent or (z) gift cards and other customer liabilities arising in the ordinary course of business of such Person. The Indebtedness of any Person shall include the Indebtedness of any partnership of or joint venture in which such Person is a general partner or joint venturer. View More

Indebtedness. Means, with respect to any Person: (a) All obligations, contingent or otherwise, of such Person (i) for borrowed money (whether or not the recourse of the lender is to the whole of the assets of such Person or only to a portion thereof), (ii) evidenced by a note, debenture, bond or written instrument (including a purchase money obligation), (iii) in respect of leases of such Person required, in conformity with generally accepted accounting... principles, to be accounted for as capitalized lease obligations on the balance sheet of such Person and all obligations and other liabilities -18- (contingent or otherwise) under any lease or related document (including a purchase agreement) in connection with the lease of real property which provides that such Person is contractually obligated to purchase or cause a third party to purchase the leased property and thereby guarantee a minimum residual value of the leased property to the lessor and the obligations of such Person under such lease or related document to purchase or to cause a third party to purchase such leased property; or (iv) in respect of letters of credit (including reimbursement obligations with respect thereto), local guarantees or bankers' acceptances; (b) All obligations secured by a mortgage, pledge, lien, encumbrance, charge or adverse claim affecting title or resulting in an encumbrance to which the property or assets of such Person are subject, whether or not the obligations secured thereby shall have been assumed by or shall otherwise be such Person's legal liability; (c) To the extent not otherwise included, all obligations of such Person under interest rate and currency swap agreements, cap, floor and collar agreements, spot and forward contracts and similar agreements and arrangements; (d) All obligations of others of the type described in clauses (a), (b), or (c) above assumed by or guaranteed in any manner by such Person or in effect guaranteed by such Person through an agreement to purchase, contingent or otherwise (and the obligations of such Person under any such assumptions, guarantees or other such arrangements); and (e) All obligations, contingent or otherwise, of such Person under or in respect of any and all deferrals, renewals, extensions and refundings of, or amendments, modifications or supplements to, any liability of the kinds described in any of the preceding clauses (a), (b), (c) or (d). View More

Indebtedness. Means, with respect to any Person, without duplication, (i) all indebtedness for borrowed money (it being agreed that Indebtedness shall not include undrawn letters of credit), and (ii) all capital lease obligations recorded in the Company's financial statements before the 12 effective date of any changes in GAAP that effect existing lease accounting guidance; after the effective date of any such new accounting standard, all leases, except for the aforementioned previously... classified capital leases, if any, shall be treated as operating leases for purposes of this definition and shall not constitute Indebtedness (but shall be included in the determination of EBITDA). View More

Indebtedness. Is (a) indebtedness for borrowed money or the deferred price of property or services, including all amounts owing in connection with any and all Credit Extensions and any and all other amounts owing to Bank however characterized, (b) obligations evidenced by notes, bonds, debentures or similar instruments, (c) capital lease obligations and (d) Contingent Obligations. 17

Indebtedness. Guarantees, notes, bonds, debentures or other similar evidences of Debt ("Indebtedness") of the Company, the Guarantor or any Subsidiary of the Company or the Guarantor

Indebtedness. (II) the pro forma Leverage Ratio, after giving effect to the incurrence of such Indebtedness (as if such Indebtedness had been incurred on the first day of the applicable Measurement Period), shall not exceed (A) 7.5 to 1.0 at any time from the Amendment No. 1 Closing Date through September 30, 2007, (B) 6.5 to 1.0 at any time from October 1, 2007 through December 31, 2007, (C) 6.0 to 1.0 at any time during fiscal years 2008 and 2009 and (D) thereafter, 5.0 to 1.0;

Indebtedness. Shall mean all loans, advances, indebtedness, obligations and liabilities of Borrower to the Bank under this Agreement, together with all other indebtedness, obligations and liabilities whatsoever of the Borrower to the Bank, whether matured or unmatured, liquidated or unliquidated, direct or indirect, absolute or contingent, joint or several, due or to become due, now existing or hereafter arising.

Indebtedness. Means all liabilities, obligations and indebtedness of a Person, of any kind or nature, whether now or hereafter owing, arising, due or payable, howsoever evidenced, created, incurred, acquired or owing, and whether primary, secondary, direct, contingent, fixed or otherwise, including, without in any way limiting the generality of the foregoing: (i) all obligations, liabilities and indebtedness secured by any lien on a Person's property, even though such Person shall not have assumed or become... liable for the payment thereof; (ii) all obligations or liabilities created or arising under any capital lease, conditional sale or other title retention agreement; (iii) all accrued pension fund and other benefit plan obligations and liabilities; (iv) all obligations of such Person which in any manner directly or indirectly guarantee or assure, or in effect guarantee or assure, the payment or performance of any indebtedness, dividend or other obligation of any other Person or assure or in effect assure the holder of any such obligations against loss in respect thereof; and (v) any liabilities under, or associated with, interest rate protection agreements. View More

Indebtedness. Of any Person means, without duplication, (i) all obligations of such Person for money borrowed, including without limitation, accounts payable, trade payables and accrued liabilities incurred in the ordinary course of business; (ii) all obligations of such Person evidenced by notes, debentures, bonds or other similar instruments for the payment of which such Person is responsible or liable; (iii) all obligations of such Person issued or assumed for deferred purchase price payments; (iv) all... obligations of such Person under leases required to be capitalized in accordance with GAAP, and (v) all obligations of such Person for the reimbursement of any obligor on any letter of credit, banker's acceptance, guarantees or similar credit transactions.< /font> View More

Indebtedness. Means (a) all indebtedness, obligations and liabilities of Debtor to the Secured Party under the Note, the Loan Agreement, this Agreement, and the other Loan Documents, (b) all indebtedness, obligations and liabilities to the Secured Party under the Notes, (c) interest accruing on, and attorneys' fees, court costs, and other costs of collection incurred in the collection or enforcement of any of the indebtedness, obligations and liabilities described in clauses (a) and (b) above, and (d) any... and all renewals and extensions of, or amendments to, any of the indebtedness, obligations and liabilities described in clauses (a), (b) and (c) above. View More