Permitted Refinancing

Permitted Refinancing. Any refinancing of the Senior Debt under the Senior Loan Documents provided that the financing documentation entered into by the Loan Parties in connection with such Permitted Refinancing constitutes Permitted Refinancing Senior Debt Documents.

Permitted Refinancing. Means any refinancing of the Senior Indebtedness.

Permitted Refinancing. Shall mean any refinancing of the Senior Debt under the Existing Senior Debt Documents provided that the financing documentation entered into by the Company and any Guarantor in connection with such Permitted Refinancing constitute Refinancing Senior Debt Documents.

Permitted Refinancing. Shall mean any addition to or refinancing in whole or in part of the Senior Debt under the Merrill Lynch Loan Documents provided that the financing documentation entered into by Obligors in connection with such Permitted Refinancing constitute Permitted Refinancing Senior Debt Documents.

Permitted Refinancing. Shall mean any refinancing of all or any portion of the Senior Debt under the Senior Loan Agreement.

Permitted Refinancing. Shall mean any refinancing of the Senior Debt under the Senior Loan Agreement (or any subsequent refinancing of an earlier Permitted Refinancing), provided that, in each case, (i) the documents effecting such refinancing do not directly prohibit the making of payments on the Subordinated Debt (except to the extent such payments are currently prohibited under this Agreement), (ii) the aggregate principal amount of any such refinancing(s) outstanding at any time does... not exceed the Maximum Principal Amount and (iii) such refinancing does not extend the scheduled maturity date of the Senior Debt beyond May 28, 2004. 3 View More

Permitted Refinancing. Shall mean any refinancing (including successive refinancings) of the Senior Obligations under the Lease/Purchase Facilities Documents or under the Second Lien Commodities Purchase Facility Documents, provided that the financing documentation entered into by the Credit Party in connection with such Permitted Refinancing constitute Permitted Refinancing Senior Documents.

Permitted Refinancing. Shall mean Funded Debt that is incurred to refund, refinance, replace, exchange, renew, repay or extend the Subordinated Debt (and including any Funded Debt that refinances Funded Debt incurred pursuant to a Permitted Refinancing); PROVIDED, HOWEVER, that the Funded Debt incurred pursuant to such Permitted Refinancing: (a) shall have a final maturity date that is no earlier than the final maturity date of... the Subordinated Debt; (b) shall be in an aggregate principal amount (or if issued with original issue discount, an aggregate issue price) that is equal to or less than the principal amount of the Subordinated Debt then outstanding; (c) shall be subject to a subordination agreement containing provisions that are, in substance, identical to the provisions of this Agreement; and (d) shall not (i) have the effect of (A) increasing principal, interest, fee or other payment obligations thereunder, (B) adding collateral or other guarantors (other than as contemplated as of the Agreement Date with respect to the Subordinated Debt), (C) shortening the maturity or increasing the amortization of the obligations thereunder, or (D) making the covenants, defaults or other provisions thereof more burdensome in any material respect or (ii) otherwise have a material adverse effect on the interests of Senior Creditors. View More

Permitted Refinancing. Shall mean any refinancing of the First Lien Debt under the First Lien Debt Documents provided that the financing documentation entered into by the Credit Parties in connection with such Permitted Refinancing constitutes Permitted Refinancing First Lien Debt Documents.

Permitted Refinancing. The definition of "Permitted Refinancing" is hereby amended by deleting the word "maturity," from clause (ii) thereof.