Permitted Refinancing Debt

Permitted Refinancing Debt. Means Debt (for purposes of this definition, 'new Debt') incurred in exchange for, or proceeds of which are used to refinance, all or any portion of the Convertible Notes ; provided that (a) such new Debt (other than the 2029 Convertible Notes) is in an aggregate principal amount not in excess of the sum of (i) the then outstanding principal amount of the Convertible Notes (prior to any exchange, redemption or refinancing thereof with the new Debt) and (ii) $100,000,000; (b) such new Debt has a... stated maturity no earlier than July 1, 2013; (c) such new Debt does not have a stated interest rate in excess of 15% per annum; (d) such new Debt does not contain any covenants which are more onerous to the Parent Guarantor and the Borrower than those imposed by this Agreement and (e) such new Debt (and any guarantees thereof) is (i) unsecured and (ii) subordinated in right of payment to the Indebtedness (or, if applicable, the Guaranty Agreement) to at least the same extent as the Refinanced Debt and is otherwise subordinated on terms substantially reasonably satisfactory to the Administrative Agent. View More

Permitted Refinancing Debt. Such new Debt (i) if such new Debt refinances the Senior Notes and is issued on or before May 15, 2011, is in an aggregate principal amount not in excess of $200,000,000, or (ii) otherwise, is in an aggregate principal amount not in excess of the sum of (x) the aggregate principal amount then outstanding of the Refinanced Debt (or, if the Refinanced Debt is exchanged or acquired for an amount less than the principal amount thereof to be due and payable upon a declaration of acceleration... thereof, such lesser amount) and (y) an amount necessary to pay any fees and expenses including premiums, related to such exchange or refinancing;. View More

Permitted Refinancing Debt. Means any indebtedness refinancing or replacing the indebtedness (and/or commitments to lend) pursuant to the SVB Agreement, provided that any such refinancing or replacement (i) does not increase the principal amount of indebtedness that may be outstanding thereunder to an amount that exceeds $10,000,000, (ii) does not accelerate the dates on which payments of principal or interest are due, and (iii) does not change any redemption or prepayment provisions.

Permitted Refinancing Debt. For the avoidance of doubt, the Convertible Senior Notes constitute Debt that is Permitted Refinancing Debt in respect of a portion of the Borrower's 8.00% Senior Notes due 2020 and a portion of the Borrower's 6.625% Senior Notes due 2021.

Permitted Refinancing Debt. Any guarantees thereof, the proceeds of which shall be used concurrently with the incurrence thereof to refinance any outstanding Permitted Debt permitted under Section 9.02(f), Section 9.02(g), Section 9.02(m), Section 9.02(n) and Section 9.02(o) or to refinance any outstanding Refinanced Debt, as the case may be