Hybrid Instruments definition

Hybrid Instruments means any subordinated (according to its terms) instruments issued by the Issuer which are, entirely or partly permitted to be accounted for as equity in accordance with the Accounting Principles at the date of issuance of the relevant subordinated instrument(s).

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Hybrid Instruments means Securities (as defined below) that are given at least some equity credit by S&P or ▇▇▇▇▇’▇ (and as to which, in the case of any Hybrid Instrument issued after the Effective Date, the Guarantor shall have provided evidence of such equity credit to the LC Issuer), provided that the term “Hybrid Instruments” shall exclude any Securities to the extent recorded in the shareholder’s equity section of the consolidated balance sheet of the Guarantor and its Consolidated Subsidiaries most recently filed with the SEC. As used herein “Securities” means any stock, share, partnership interest, membership interest in a limited liability company, voting trust certificate, certificate of interest or participation in any profit-sharing agreement or arrangement, option, warrant, bond, debenture, note, or other evidence of indebtedness, secured or unsecured, convertible, subordinated or otherwise, or in general any instruments commonly known as “securities” or any certificates of interest, shares or participations in temporary or interim certificates for the purchase or acquisition of, or any right to subscribe to, purchase or acquire, any of the foregoing.

Hybrid Instruments means Securities (as defined below) that are given at least some equity credit by S&P or Moody’s (and as to which, in the case of any Hybrid Instrument issued after the Effective Date, the Company shall have provided evidence of such equity credit to the Administrative Agent), provided that the term “Hybrid Instruments” shall exclude any Securities to the extent recorded in the shareholder’s equity section of the consolidated balance sheet of the Company and its Consolidated Subsidiaries most recently filed with the SEC. As used herein “Securities” means any stock, share, partnership interest, membership interest in a limited liability company, voting trust certificate, certificate of interest or participation in any profit-sharing agreement or arrangement, option, warrant, bond, debenture, note, or other evidence of indebtedness, secured or unsecured, convertible, subordinated or otherwise, or in general any instruments commonly known as “securities” or any certificates of interest, shares or participations in temporary or interim certificates for the purchase or acquisition of, or any right to subscribe to, purchase or acquire, any of the foregoing.

Examples of Hybrid Instruments in a sentence

For example, it may be necessary to analyze whether certain of such Notes are exempt or excluded from regulation under Section 2(f) of the Commodity Exchange Act of 1922, as amended (the “CEA”), under the Commodity Futures Trading Commission’s Statutory Interpretation Concerning Certain Hybrid Instruments (55 Federal Register 13582, April 11, 1990) (the so-called “Statutory Interpretation”) or Part 34 under the CEA (the so-called “Hybrid Exemption”).
The Company will not permit the ratio of (i) (A) Consolidated Total Indebtedness plus (B) the aggregate outstanding principal amount of all Hybrid Instruments of the Company and its Consolidated Subsidiaries in excess of the Hybrid Instrument Amount to (ii) Consolidated Total Capitalization to exceed 0.35 to 1.00, calculated as of the last day of each fiscal quarter.
The Borrower shall not permit the ratio of (i) Consolidated Total Financing Debt plus the aggregate outstanding principal amount of all Hybrid Instruments of the Borrower and its Subsidiaries in excess of the Hybrid Instrument Amount to (ii) Total Capitalization to exceed 0.350 to 1.00 on the last day of any fiscal quarter during the term of this Agreement.
For example, it may be necessary to analyze whether certain of such Notes are exempt or excluded from regulation under the Commodity Exchange Act of 1922, as amended (the “CEA”), under the Commodity Futures Trading Commission’s Statutory Interpretation Concerning Certain Hybrid Instruments (55 Federal Register 13582, April 11, 1990) (the so-called “Statutory Interpretation”) or Rule 34 under the CEA (the so-called “Hybrid Exemption”).

More Definitions of Hybrid Instruments

Hybrid Instruments means any subordinated (according to its terms) debt instruments issued by the Issuer which are, entirely or partly (a) treated, or intended to be treated, as equity by Moody’s Investor Services Limited and/or Standard & Poor’s Rating Services, a division of The McGraw-Hill Companies, Inc. or (b) is permitted to be accounted for as equity in accordance with the Accounting Principles at the date of issuance of the relevant subordinated debt instrument(s).

Hybrid Instruments means any subordinated (according to its terms) debt instruments issued by the Issuer which are, entirely or partly:

Hybrid Instruments means (a) the Loan Agreement by and between Oil States and PTI Premium Camp Services Ltd dated December 9, 2010 and (b) the Loan Agreement by and between Oil States and PTI Premium Camp Services Ltd dated June 27, 2011.

Hybrid Instruments means Securities (as defined below) that are given at least some equity credit by S&P or ▇▇▇▇▇’▇ (and as to which, in the case of any Hybrid Instrument issued

Hybrid Instruments means Securities (as defined below) that are given at least some equity credit by S&P or Moody’s (and as to which, in the case of any Hybrid Instrument issued after December 2, 2016, the Administrative Agent shall have received evidence thereof (which may be in the form of a press release or other public posting by S&P or Moody’s that includes the amount of equity credit given to such Hybrid Instrument), provided that the term “Hybrid Instruments” shall exclude any Securities to the extent recorded in the shareholder’s equity section of the combined or consolidated balance sheet of the Company and its Consolidated Subsidiaries most recently filed with the SEC. As used herein “Securities” means any stock, share, partnership interest, membership interest in a limited liability company, voting trust certificate, certificate of interest or participation in any profit-sharing agreement or arrangement, option, warrant, bond, debenture, note, or other evidence of indebtedness, secured or unsecured, convertible, subordinated or otherwise, or in general any instruments commonly known as “securities” or any certificates of interest, shares or participations in temporary or interim certificates for the purchase or acquisition of, or any right to subscribe to, purchase or acquire, any of the foregoing.

Hybrid Instruments means any subordinated (according to its terms) debt instruments issued by the Issuer which are accounted for as equity on the date when the relevant subordinated debt instrument is issued in accordance with the Accounting Principles.

Hybrid Instruments means outstanding preference shares, perpetual capital securities, convertibles or any other equity like instruments issued by the Issuer from time to time that is partly or fully treated as equity according to the Accounting Principles.

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