Indebtedness

Indebtedness. Means all amounts owing with respect to indebtedness for borrowed money (but excluding the deferred purchase price of property or assets and accounts receivable or similar items arising in the ordinary course of business).

Indebtedness. Shall have the meaning ascribed to it in the Loan Agreement.

Indebtedness. Means (i) all obligations for borrowed money, (ii) all obligations evidenced by debentures, notes or other similar instruments, (iii) all obligations in respect of letters of credit or bankers acceptances or similar instruments (or reimbursements obligations with respect thereto), (iv) all obligations to pay the deferred purchase price of property or services, except trade accounts payable arising in the ordinary course of business, (v) all obligations as lessee which are capitalized in... accordance with generally accepted accounting principles, and (vi) all Indebtedness of others guaranteed by the Company or any of its subsidiaries or for which the Company or any of its subsidiaries is legally responsible or liable (whether by agreement to purchase indebtedness of, or to supply funds to or to invest in, others). View More

Indebtedness. As used in reference to any Person means all indebtedness of such Person for borrowed money, the deferred purchase price of property, goods and services and obligations under leases which are required to be capitalized in accordance with Generally Accepted Accounting Principles and shall include all such indebtedness guaranteed in any manner by such Person or in effect guaranteed by such Person through a contingent agreement to purchase and all indebtedness for the... payment or purchase of which such Person has contingently agreed to advance or supply funds and all indebtedness secured by mortgage or other lien upon property owned by such Person, although such Person has not assumed or become liable for the payment of such indebtedness, and, for all purposes hereof, such indebtedness shall be treated as though it has been assumed by such Person to the extent of such guarantee (if limited in amount) or the fair market value of property securing such debt, as the case may be. Notwithstanding the foregoing, "Indebtedness" shall not include accounts payable incurred by the Company in the ordinary course of business consistent with past practice. View More

Indebtedness. Means at a particular time, without duplication, (i) any liabilities for borrowed money or issued in substitution for or exchange of indebtedness for borrowed money, (ii) any liabilities evidenced by any note, bond, debenture or other debt security, (iii) any liabilities for the deferred purchase price of property or services with respect to which a Person is liable, contingently or otherwise, as obligor or otherwise, including any liability (whether earn-outs, indemnity payments, non-compete... payments, consulting payments or other similar payments that may be payable as a result of or in connection with any acquisition of, or investments in, another person (other than trade payables and other current liabilities incurred in the ordinary course of business which are not more than six months past due), (iv) any liabilities guaranteed in any manner by a Person (including guarantees in the form of an agreement to repurchase or reimburse), (v) any liabilities under capitalized leases with respect to which a Person is liable, contingently or otherwise, as obligor, guarantor or otherwise, or with respect to which obligations a Person assures a creditor against loss, (vi) any liabilities secured by a lien or security interest on a Person's assets and (vii) any unsatisfied liabilities for "withdrawal liability" to a "multiemployer plan" as such terms are defined under ERISA. View More

Indebtedness. Means, with respect to any person or entity ("Person"), without duplication, (i) all indebtedness for money borrowed of such Person; (ii) all bonds, notes, debentures and similar debt securities of such Person; (iii) the deferred purchase price of capital assets or services which in accordance with GAAP would be shown on the liability side of the balance sheet of such Person; (iv) the face amount of all letters of credit issued for the account of such Person and, without duplication, all drafts... drawn thereunder; (v) all obligations, contingent or otherwise, of such Person in respect of bankers' acceptances; (vi) all Indebtedness of a second Person secured by any lien on any property owned by such first Person, whether or not such Indebtedness has been assumed; (vii) all capitalized lease obligations of such Person and all Indebtedness of such Person secured by purchase money liens; (viii) the present value, determined on the basis of the implicit interest rate, of all basic rental obligations under all "synthetic" leases (i.e. leases accounted for by the lessee as operating leases under which the lessee is the "owner" of the leased property for Federal income tax purposes); (ix) all obligations of such Person to pay a specified purchase price for goods or services whether or not delivered or accepted, i.e., take-or-pay and similar obligations; (x) all net obligations of such Person under any so-called `hedge', `swap', `collar', `cap' or similar interest rate or currency fluctuation protection agreements; (xi) the full outstanding balance of trade receivables, notes or other instruments sold with full recourse (and the portion thereof subject to potential recourse, if sold with limited recourse), other than in any such case any thereof sold solely for purposes of collection of delinquent accounts; (xii) the stated value, or liquidation value if higher, of all redeemable stock (or membership interest or other equity interest) of such Person; and (xiii) all guaranty and other secondary obligations of such Person; provided that (a) neither trade payables nor other similar accrued expenses, in each case arising in the ordinary course of business, unless evidenced by a note, shall constitute Indebtedness; and (b) the Indebtedness of any Person shall in any event include (without duplication) the Indebtedness of any other entity (including any general partnership in which such Person is a general partner) to the extent such Person is liable thereon as a result of such Person's ownership interest in or other relationship with such entity, except to the extent the terms of such Indebtedness provide expressly that such Person is not liable thereon. View More

Indebtedness. Of any Person means (a) any liability, contingent or otherwise, of any Person (i) in respect of 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), or (ii) evidenced by a bond, note, debenture or similar instrument or letter of credit; (b) all obligations of such Person to pay the deferred and unpaid purchase price of any property, assets (except any such balance that constitutes a trade payable), or services; (c)... Capitalized Lease Obligations of such Person; (d) indebtedness secured by a Lien to which the property or assets owned or held by such Person is subject, whether or not the obligations secured thereby shall have been assumed; (e) any liability of others described in the preceding clauses (a)-(d) which such Person has Guaranteed or which is otherwise its legal liability; and (f) any amendment, renewal, extension or refunding of any liability of the types referred to in clauses (a)-(e) above. -4- 5 View More

Indebtedness. Of a Person means such Person's (i) obligations for borrowed money, including capital lease obligations (ii) obligations representing the deferred purchase price of Property or services (other than accounts payable arising in the ordinary course of such Person's business payable on terms customary in the trade), (iii) obligations, whether or not assumed, secured by Liens or payable out of the proceeds or production from Property now or hereafter owned or acquired by... such Person, (iv) obligations which are evidenced by notes, acceptances, or other instruments, (v) obligations of such Person to purchase securities or other Property arising out of or in connection with the sale of the same or substantially similar securities or Property, (vi) Capitalized Lease Obligations and (vii) reimbursement and all other obligations in connection with letters of credit including the Letters of Credit, (viii) all guaranties of such Person of the indebtedness of any other person, (ix) the net liabilities of all Hedging Obligations, and (x) any other obligation for borrowed money or other financial accommodation which in accordance with Agreement Accounting Principles would be shown as a liability on the consolidated balance sheet of such Person. View More

Indebtedness. Means: (a) all obligations on account of money borrowed by, or credit extended to or on behalf of, or for or on account of deposits with or advances to, Buyer; (b) all obligations of Buyer evidenced by bonds, debentures, notes or similar instruments or short-term debt, evidenced by commercial paper or similar instruments; (c) all obligations of Buyer for the deferred purchase price of property or services; (d) all obligations secured... by a lien on property owned by Buyer (whether or not assumed) and all obligations of Buyer under capitalized or synthetic leases (without regard to any limitation of the rights and remedies of the holder of such lien or the lessor under such capitalized or synthetic lease to repossession or sale of such property); (e) the face amount of all letters of credit issued for the account of Buyer and, without duplication, the unreimbursed amount of all drafts drawn thereunder, and all other obligations of Buyer associated with such letters of credit or draws thereon; provided that Indebtedness shall not include obligations in respect of undrawn letters of credit securing current trade payables or performance obligations incurred in the ordinary course of business other than in connection with Indebtedness described in clauses (a) through (d) and (f) and (g) of this definition; (f) all obligations of Buyer in respect of acceptances or similar obligations issued for the account of Buyer; (g) all obligations of Buyer under any interest rate or currency protection agreement, interest rate or currency future, interest rate or currency option, interest rate or currency swap or cap or other interest rate or currency hedge agreement; and (h) without duplication, all contingent liabilities, provided that Indebtedness shall not include trade payables and accrued expenses relating to employees, in each case in the ordinary course of business. View More

Indebtedness. Means with respect to any Person at any date, (a) Debt for Borrowed Money of that Person, (b) all indebtedness of that Person for the deferred purchase price of property or services (other than current trade liabilities and accrued expenses incurred in the ordinary course of that Person's business and payable in accordance with customary practices), (c) all outstanding reimbursement obligations of that Person in respect to of outstanding letters of credit, acceptances and similar obligations... issued or created for the account of that Person, (d) all liabilities secured by any Lien on any property owned by that Person even if that Person has not assumed ot otherwise become liable for the payment thereof, (e) liabilities arising under Hedging Agreements of that person (other than interest rate caps purchased by it), (f) all Guaranties of that person and (g) all Capital Lease Obligations of that Person; provided that, notwithstanding the foregoing, no present or future payment obligation of Borrower under the Cutler Employment Agreement shall constitute "Indebtedness" for purposes of this Agreement. View More